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Minutes 2008-12-08 241 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 8, 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 Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Public Works Superintendent Bobby Blackburn Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Presentation by Cypress Chamber of Commerce: Bob Snow, Cypress Chamber of Commerce, made a presentation on a proposal for the combination of the Chambers of Commerce for the cities of Cypress, La Palma, Los Alamitos, Seal Beach and Stanton for the formation of the West Orange County Chamber of Commerce (WOCCC). Mr. Snow stated that WOCCC membership would allow the offering of additional services and improve responsiveness to members, along with an expanded business directory. Mayor Pro Tem Mills asked about the large number of members of the Los Alamitos Chamber of Commerce and the validity of that. Ed Munson, Cypress Chamber of Commerce, responded that the information was obtained based on an inquiry to the Los Alamitos Chamber of Commerce. The City Manager commented that the membership number may also include individual members such as Council Members. Council Member Luebben asked about the mission statement of the Cypress Chamber of Commerce in comparison to surrounding communities, suggesting that the Chamber reconsider which cities to include in this membership. Mr. Snow responded that there are several Cypress Chamber of Commerce members who also have a membership with a surrounding city's Chamber of Commerce. 242 CITY COUNCIL MINUTES DECEMBER 8, 2008 Council Member Bailey suggested that the Cypress Chamber of Commerce offer local businesses a unique benefit. Mayor Seymore commented that the consensus of the City Council is in support of the Chamber of Commerce moving forward with discussions and that this matter be brought back to the City Council at a future date. Proposed Perimeter Block Wall Rehabilitation Program: The Planning Manager discussed the Perimeter Block Wall Rehabilitation Program proposal which will preserve residential property values, commenting that all of the perimeter walls are located on private property. The Planning Manager reviewed three enhancement options for City Council's consideration, stating that funding options for the program include a City sponsored grant program, a City sponsored simple interest loan program, forgivable or no interest loans from the Cypress Redevelopment Agency's Help II Program, and simple interest loan from the City's Redevelopment Agency Help II Program. Mayor Pro Tem Mills stated that he would prefer a paint color other than antique white. Council Member Luebben stated that he is in favor of a wall rehabilitation program, however, he would prefer that it be a Public Works program using City funds to take and replace the entire wall. He is concerned that this program will create an inconsistent look to the community. The City Attorney commented that the uniform rebuilding of walls would require consent from property owners and there are unique liability issues of concern. Mayor Seymore suggested that the program be identified by streets, in that entire streets are uniform and consistent. Staff was directed to come back to City Council at a future workshop with further refinements to the program and dollar amounts associated with the program as discussed. The City Attorney reported that the Cypress Redevelopment Agency 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. 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) Roncevich v. City of Cypress Claim No. 101187. At 6:26 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 7:03 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 2 243 CITY COUNCIL MINUTES DECEMBER 8, 2008 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 Redevelopment/Economic Development Manager Bill Manis Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Zachary Miles, Boy Scout Troop No. 642. INVOCATION: The invocation was given by Retired Chief of Police Rick Hicks. PRESENTATIONS: Carol Turpin, Orange County Human Relations Council, provided an annual update. The Community Development Director introduced the new Redevelopment/Economic Development Manager Bill Manis. Mr. Manis stated that he is looking forward to working with the City Council and staff. Captain Ron Wood and Battalion Chief Kirk Wells, Orange County Fire Authority, and Mayor Seymore presented commendations to Cypress resident Darrell Cowan for his lifesaving efforts. CITY COUNCIL REORGANIZATION: The City Clerk opened the nominations for Mayor. Council Member Luebben moved and Council Member Narain seconded the motion to nominate Council Member Bailey for the office of Mayor. It was moved by Council Member Luebben and seconded by Council Member Narain, to close nominations. Council Member Bailey was unanimously elected Mayor 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 Mayor Bailey then asked for nominations for the office of Mayor Pro Tem. Mayor Bailey moved and Council Member Seymore seconded the motion to nominate Council Member Narain for the office of Mayor Pro Tem. It was moved by Council Member Seymore and seconded by Council Member Luebben, to close the nominations. Council Member Narain was unanimously elected Mayor Pro Tem 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 PRESENTATIONS: Mayor Bailey presented a plaque to outgoing Mayor Seymore. He commended Mayor Seymore on his tenure as Mayor. 3 244 CITY COUNCIL MINUTES DECEMBER 8, 2008 The meeting was recessed at 7:20 p.m. The meeting was reconvened at 7:38 p.m. Mayor Bailey expressed his gratitude to the City Council for entrusting him to serve as Mayor for the coming year and thanked his colleagues for the past two years' accomplishments. Mayor Pro Tem Narain thanked the City Council for the honor of being selected as Mayor Pro Tem and that he looks forward to continuing to serve the community. 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 with a presentation by the Cypress Chamber of Commerce. The City Council discussed and provided input on the Chamber of Commerce's proposal. The City Manager reported that the City Council held a workshop for discussion of the proposed perimeter block wall rehabilitation program. Staff presented the City Council with options, with the City Council providing input on those options. The purpose of the program is to beautify the City, improve the housing stock in the community, and provide a beautiful atmosphere for the City residents and businesses. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Cypress Redevelopment Agency 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 City Council unanimously approved the course of action recommended by staff. 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) Roncevich v. City of Cypress Claim No. 101187. The City Attorney stated that there was a privileged and confidential briefing of terms and conditions under which the City may be able to settle this pending claim with a recommendation to settle the claim at a specific dollar amount. The City Council agreed to that settlement in principle, subject to finalizing a written and definitive settlement agreement. 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 Bailey asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to attend the holiday concert at Cypress College on December 21, 2008 at 4:00 p.m. Bob Snow, Cypress Chamber of Commerce, provided information on upcoming activities and events. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 4 245 CITY COUNCIL MINUTES DECEMBER 8, 2008 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 Seymore, to approve Consent Calendar Items No. 1 through 5. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey 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 24, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of November 24, 2008, as submitted. Item No. 3: AWARD OF CONTRACT FOR ON-CALL LANDSCAPE SERVICES. Recommendation: That the City Council: 1) Award an on-call unit price repair/maintenance service contract for landscaping services to S.C. Yamamoto, Inc., La Habra, California, in an amount not to exceed $508,587 per year for the first two and a half years, with an option to extend the contract one year at a time up to three additional years, increasing the contract pricing each additional year based on the June Consumer Price Index (CPI) for that year; and 2) Direct the Director of Public Works/City Engineer to act as Contract Officer. Item No. 4: AWARD OF CONSTRUCTION CONTRACT. AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT_ AND INSPECTION SERVICES. AND APPROVAL OF A JOINT AGREEMENT WITH THE CITY OF BUENA PARK FOR THE 2008/09 OVERLAY PROJECT. Recommendation: That the City Council: 1) Award a contract for the 2008/09 Overlay Project, Public Works Project No. 2008-17, in the amount of $1,343,000, to the lowest responsible bidder Hardy & Harper, Inc., Santa Ana, California, and authorize a contingency of $201,450 (15% of bid amount), and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services in the amount of $126,821, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2008/09 Overlay Project (Project No. 2008-17), to Jacobs Field Services North America, Inc. (Jacobs), and authorize a contingency of $19,023 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Approve an agreement with the City of Buena Park for sharing the cost of asphalt overlay improvements on Holder Street from Ball Road to Lincoln Avenue, and authorize the Mayor to execute the agreement. Item No. 5: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO 88927 THROUGH 89108. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. END OF CONSENT CALENDAR 5 246 CITY COUNCIL MINUTES DECEMBER 8, 2008 ORDINANCES No items. NEW BUSINESS: Item No. 6: APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. Mayor Bailey stated that the list of various organizations and committees is to be reviewed, as done on an annual basis. Orange County Sanitation District Phil Luebben -Representative (Meets 4t" Wednesday of the Prakash Narain -Alternate month - 7 p.m.; $221/mtg.) League of California Cities Doug Bailey (Mayor) -Representative Orange County Division Prakash Narain (Mayor Pro Tem) -Alternate (Meets 2`'d Thursday of the month - 6:45 p. m.) Santa Ana River Flood Protection Agency Doug Bailey -Representative (Meets 4t" Thursday of odd-numbered Leroy Mills -Alternate months - 4 p.m.) Southern California Association of Leroy Mills -Representative Governments Doug Bailey -Alternate (Meets 1St Thursday of the month - 9: 30 a. m. - 2:30 p. m.; $120/mtg. Regional Rep., $70/mtg. Subregional Rep.) City/Cypress School District Joint Prakash Narain Steering Committee (Meets as needed) City/Anaheim Union High School Prakash Narain District Joint Steering Committee (Meets as needed) Growth Management Area No. 2 Prakash Narain -Representative (Measure M) Todd Seymore -Alternate (Meets annually orsemi-annually as needed) Orange County Fire Authority Todd Seymore -Representative (Meets 4t" Thursday of the month - Doug Bailey -Alternate 6:30 p. m.; $100/mtg.) League of California Cities Doug Bailey (Mayor) -Representative Legislative Delegate Program Prakash Narain (Mayor Pro Tem) -Alternate League of California Cities O.C. Doug Bailey (Mayor) City Selection Committee (Meets prior to Division General Meeting at 5:30 p.m.) Orange County Library Advisory Board Prakash Narain -Representative (Meets as needed) Todd Seymore -Alternate Joint Communications Center Executive Todd Seymore -Representative Board (Meets quarterly or as needed) Leroy Mills -Alternate Orange County Council of Governments Doug Bailey -Representative (Meets 4t" Thursday of the month - 9 a.m.) Prakash Narain -Alternate 6 247 CITY COUNCIL MINUTES DECEMBER 8, 2008 OCTA West Cities Rail Study Policy Todd Seymore -Representative Committee (Meets as needed) Joint Forces Training Base Military Affairs Leroy Mills Committee (Meets 4th Tuesday of the month - 3:30 p.m.) Business Retention, Attraction, Creation Doug Bailey (Mayor) and Expansion Committee (BRACE) Prakash Narain (Meets as needed) Phil Luebben -Alternate It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council confirm the Mayor's appointments to the various organizations and committees. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey 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. Item No. 7: ELECTION OF AGENCY CHAIR AND VICE CHAIR. Agency Member Bailey opened the nominations for Agency Chair. Agency Board Member Luebben moved and Agency Member Seymore seconded the motion to nominate Agency Member Bailey for the office of Agency Chair and Agency Member Narain for the office of Agency Vice Chair. Agency Member Bailey was unanimously elected Agency Chair and Agency Member Narain was unanimously elected Agency Vice Chair by the following roll call vote: AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ITEMS FROM CITY COUNCIL MEMBERS: Mayor Bailey requested reports from the Council Members on their respective committee assignments. Council Member Mills: Spoke regarding Oxford Academy's recent ranking of being the No. 2 high school in the nation. Attended a Joint Forces Training Base Military Affairs Committee meeting. Attended a DARE graduation at Arnold Elementary School. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended a SCAG Transportation and Communications Committee meeting. Attended the Holiday Sing at the Civic Center. Attended Supervisor Moorlach's open house. Attended the Sunburst Youth Academy building dedication. Thanked the City Council for the opportunity to serve as Mayor Pro Tem this past year. Stated that he and his wife have made their home solar. Introduced Randy DeFrank. 248 CITY COUNCIL MINUTES DECEMBER 8, 2008 Council Member Seymore: Attended a Reserve Firefighter Ad Hoc Committee meeting. Attended a DARE graduation at Arnold Elementary School. Attended an Anaheim Union High School District Ad Hoc Committee meeting. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended a DARE graduation at Landell Elementary School. Emceed the Holiday Sing at the Civic Center. Mayor BaileLr: Attended an Anaheim Union High School District Ad Hoc Committee meeting. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended the Holiday Sing at the Civic Center. Congratulated the Recreation & Community Services Director on the success and reconfiguration of the Holiday Sing. Mayor Pro Tem Narain: Attended an oath ceremony for the reelection of City of Anaheim Council Members. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended the Holiday Sing at the Civic Center. Congratulated the Recreation & Community Services Director on the planning and success of the Holiday Sing. Attended a Christmas program at the Church of Jesus Christ of Latter-Day Saints. Spoke regarding the power failure experienced on Thanksgiving and during the Cypress Civic Theatre Guild's fundraiser and asked staff to investigate. Thanked and congratulated Oxford Academy for being ranked the No. 2 two high school in the nation. Wished everyone happy holidays. Council Member Luebben: Attended a SCAG Energy and Environment Committee meeting. Stated that he was appointed to the SCAG Contract/Audit/Personnel Subcommittee. Attended the Holiday Sing at the Civic Center. Congratulated the Recreation & Community Services Director on the improvement to the sound system at the Holiday Sing. Attended a Friday Night Lights flag football game. Attended a youth swim meet at Goldenwest College. Thanked Council Member Seymore for his service at Mayor this past year. Thanked Council Member Mills for representing the City as Mayor Pro Tem. Wished Mayor Bailey and Mayor Pro Tem Narain the best of luck for the upcoming year. Wished everyone a safe holiday season. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY MANAGER: The City Manager wished the residents and businesses a happy holiday season. He thanked the City Council, City Attorney, and staff for all of their efforts this past year. The City Manager recapped accomplishments of the City Council for the past year and discussed issues that will be brought forward in the coming year. Mayor Bailey wished everyone a happy holiday season. ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:15 p.m. to Monday, January 12, 2009, beginning at 5:30 p.m. in the Executive Board Room. MA R THE CI CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8