Minutes 2009-01-12 249
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 12, 2009
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Bailey in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
Assistant City Attorney Tiffany Israel
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
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The City Manager stated that Tony Aguilar, representing Southern California Edison,
would be making a presentation to the City Council on the Southern California Edison
system and power outages.
Tony Aguilar, Southern California Edison, stated that there are three different types of
power outages: rotating, planned, and unplanned. In the City of Cypress in 2008, there
were circuit outages. Specifically, on June 18, 2008, the power outage was due to
copper wire being stolen from the Southern California Edison substation.
Mayor Bailey asked how electrical wire could be stolen.
Mr. Aguilar responded that the ground wire is in the base of the substation to protect in
the event that there are any wires that went to the ground within the substation. The
wire was pulled up from the ground.
Mr. Aguilar informed of the power outages on June 18, July 9, October 3, November 25,
and November 27, 2008, and the circumstances related to each incident.
Council Member Seymore informed of the decrease in the price of copper wiring in
connection with thefts.
Council Member Luebben asked staff about the City's planned project involving the
overhead electrical facilities versus underground electrical facilities.
The Public Works Director responded that the City is doing preliminary work with
Southern California Edison on identifying an area for consideration of an overhead
electrical facility.
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CITY COUNCIL MINUTES JANUARY 12, 2009
Mr. Aguilar stated that Southern California Edison has power outage mitigation and
restoration processes that include continuous maintenance, crew support, and
identifying the power outage location.
Council Member Mills asked about the availability and response requirements of the
hold crews.
Mr. Aguilar replied that hold crews are confined to their home and they have to respond
from their home. He further reported that hold crews assess repair needs and remain
in constant contact with communication centers.
Mayor Pro Tem Narain asked if hold crews wait for a power outage call before
responding, or if there is some way the crews are alerted about a power outage before
a call is received.
Mr. Aguilar responded that an alarm is triggered at the substations if a large circuit goes
out.
Mr. Aguilar provided phone numbers and informational websites relative to power
outages and general customer services issues.
Council Member Luebben stated that this workshop presentation is to better inform the
public of how Southern California Edison handled the recent unplanned power outages
and the continued maintenance in the City.
Mr. Aguilar stated that Southern California Edison's 10 year plan includes the
installation of 543 new distribution circuits and 35 new substations.
Mayor Pro Tem Narain asked about Southern California Edison's future plans.
Mayor Bailey asked how many circuits are within the City of Cypress and their
condition, along with their capacity and plans for new circuits.
Mr. Aguilar stated that there are three B stations in the City of Cypress.
Council Member Mills asked if the electrical needs of the City would be met should
there be a large development.
Mr. Aguilar responded that electrical demands would be met should there be a major
development in the City.
The Assistant City Attorney reported that the City Council would be meeting in Closed
Session regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to
Government Code Section 54956.9(c) City of Irvine v. Southern California Association of
Governments, California Court of Appeal, Fourth District, Division Three, Case No.
G040513.
At 6:19 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 Bailey.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
Assistant City Attorney Tiffany Israel
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CITY COUNCIL MINUTES JANUARY 12, 2009
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
Administrative Services Manager Andrew Tse
Finance Manager Matt Burton
Water Quality Manager Gonzalo Vazquez
Senior Civil Engineer Alvin Papa
Associate Engineer Dario Simoes
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Seymore.
INVOCATION: The invocation was given by Council Member Mills.
PRESENTATIONS:
Mayor Bailey presented Kathy Scott, Principal of Oxford Academy, a Certificate of
Special Recognition for being ranked the No. 2 high school in the nation.
Tony Aguilar, Southern California Edison, spoke regarding power outages in the
community, informing of rotating, planned, and unplanned outages. He assured that
the electrical system in the City of Cypress is rated very high.
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 regarding Southern
California Edison power outages. The City Council received a detailed briefing and
made available the PowerPoint presentation from that workshop.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The Assistant City Attorney reported that the City Council met in Closed Session
regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to
Government Code Section 54956.9(c) City of Irvine v. Southern California Association of
Governments, California Court of Appeal, Fourth District, Division Three, Case No.
G040513. The Assistant City Attorney stated that the City Council voted unanimously to
provide amicus support.
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.
Sam Villavicencio, Cypress, spoke regarding speeding on Karen Avenue.
Raul Alvarez, Cypress College, spoke regarding the 34t" Annual Cypress College
Americana Awards.
Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming activities and
events.
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CITY COUNCIL MINUTES JANUARY 12, 2009
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.
Mayor Bailey requested Agenda Item No. 4 be pulled from the Consent Calendar.
Mayor Pro Tem Narain requested Agenda Item No. 8 be pulled from the Consent
Calendar.
It was moved by Council Member Seymore and seconded by Council Member
Luebben, to approve Consent Calendar Items No. 1 through 3, 5 through 7, and 9
through 20.
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: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
DECEMBER 8, 2008.
Recommendation: That the City Council approve the Minutes of the Meeting of
December 8, 2008, as amended.
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: INTEGRATION OF THE WORKERS' COMPENSATION POOL
PROGRAM INTO THE CALIFORNIA INSURANCE POOL AUTHORITY (CIPA).
Recommendation: That the City Council authorize Amendment No. 2 to the Workers'
Compensation Agreement to terminate the program as afree-standing pool and
integrate the Workers' Compensation Program as part of CIPA.
Item No. 5: DESIGN REVIEW COMMITTEE PERMIT NO. 2008-05, A REQUEST TO
CONSTRUCT A WAREHOUSE BUILDING BEHIND AN EXISTING LIGHT
MANUFACTURING FACILITY LOCATED AT 5780 CERRITOS AVENUE IN THE PC-5
PLANNED COMMUNITY BUSINESS PARK ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2008-05, subject to the conditions attached in
Exhibit "A" of the Resolution.
RESOLUTION NO. 6128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-05
-WITH CONDITIONS.
Item No. 6: AWARD OF CONTRACT TO LINEAR SYSTEMS FOR THE PURCHASE
OF A REPLACEMENT CRIME SCENE INVESTIGATION CAMERA.
Recommendation: That the City Council: 1) Award a contract to Linear Systems, 8403
Maple Place, Rancho Cucamonga, California, for the purchase of a new camera kit, an
external dedicated flash and aclose-up flash. The camera body, lens, both flashes, tax,
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CITY COUNCIL MINUTES JANUARY 12, 2009
and delivery are included in the purchase price of $4,677; and 2) Appropriate $4,677 to
account number 4305-90-656-35 (Equipment, Police) from the Equipment Replacement
Fund (Fund 90) balance for the replacement of the camera system.
Item No. 7: AWARD OF CONTRACT TO PROFORCE LAW ENFORCEMENT FOR
THE PURCHASE OF TASERS.
Recommendation: That the City Council: 1) Dispense with the bid process and
approve the Award of Contract to ProForce Law Enforcement, 3009 N. Hwy 89,
Prescott, Arizona, in the amount of $21,163 for the purchase of twenty-four (24) tasers
and holsters; and 2) Appropriate $21,163 from the Unreserved Fund Balance of the
Narcotics Asset Seizure Fund to 4113-28-179-05 (Asset Seizure).
Item No. 9: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2008/09 SLURRY
SEAL PROJECT. PUBLIC WORKS PROJECT NO. 2008-13.
Recommendation: That the City Council approve the plans and specifications for the
2008/09 Slurry Seal Project, Public Works Project No. 2008-13.
Item No. 10: APPROPRIATE PROPOSITION 1 B FUNDS TO THE CITY'S CAPITAL
IMPROVEMENT PROJECTS FUND.
Recommendation: That the City Council: 1) Authorize staff to apply to the State
Department of Finance for release of Proposition 1 B bond funds, in the amount of
$732,673, for listed projects; and 2) Approve an increase in appropriations for fiscal year
2009/10 in the City's Capital Improvement Projects Fund, in the amount of $732,673, for
the Arterial and Residential Street Rehabilitation Program.
Item No. 11: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND
MITIGATION (EEM) PROGRAM.
Recommendation: That the City Council adopt the Resolution by title only, authorizing
submittal of an application for funds for the Environmental Enhancement and Mitigation
(EEM) Program, as provided by Streets and Highways Code Section 164.56.
RESOLUTION NO. 6129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE
FOR THE FOLLOWING PROJECT: CITYWIDE ARTERIAL STREET
TREE INSTALLATION.
Item No. 12: ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL FOR
THE FISCAL YEAR ENDED JUNE 30, 2008.
Recommendation: That the City Council receive and file the Auditor's Letter to City
Council.
Item No. 13: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL
YEAR ENDING JUNE 30, 2009.
Recommendation: That the City Council receive and file the report on Agreed-Upon
Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year
Ending June 30, 2009.
Item No. 14: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED JUNE 30 2008.
Recommendation: That the City Council receive and file the report.
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CITY COUNCIL MINUTES JANUARY 12, 2009
Item No. 15: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF
CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2008.
Recommendation: That the City Council receive and file the Single Audit Report of the
City of Cypress for the Fiscal Year Ended June 30, 2008.
Item No. 16: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 2008.
Recommendation: That the City Council receive and file the Investment Report for the
month of November, 2008.
Item No. 17: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85502 THROUGH
85505 WARRANTS NO. 89109 THROUGH 89278 WARRANTS NO. 85506
THROUGH 85508, WARRANTS NO. 89279 THROUGH 89457, WARRANTS NO.
85509 THROUGH 85510, AND WARRANTS NO. 89458 THROUGH 89633.
Recommendation: That the City Council approve the attached warrant registers and
wire transfers for Fiscal Year 2008-09.
Recreation & Park District Matters:
Item No. 18: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2009.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the report on Agreed-Upon
Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit
for the Fiscal Year Ending June 30, 2009.
Item No. 19: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR
ENDED JUNE 30, 2008.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the report.
Item No. 20: APPROVAL OF FUND APPROPRIATIONS FROM THE ACUAF
CAPITAVMAINTENANCE SURCHARGE ACCOUNT FOR ACUAF APPROVED PARK
PROJECTS.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, approve an appropriation of funds in the
amount of $3,748.50 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 December 1, 2008, at the
semi-annual youth sports ACUAF meeting.
Regarding Item No. 4: ANAHEIM UNION HIGH SCHOOL DISTRICT REQUEST
FOR FEE WAIVER, Mayor Bailey stated that the City of Cypress will waive the Design
Review Permit Application Fee of $500, with the expectation that the Anaheim Union
High School District reciprocate in the same manner in regard to fees for the City of
Cypress.
It was moved by Mayor Bailey and seconded by Council Member Luebben, that the City
Council approve the request for fee waiver.
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
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CITY COUNCIL MINUTES JANUARY 12, 2009
Regarding Item No. 8: APPROVAL OF A TASK ORDER WITHIN THE EXISTING
ON-CALL CONTRACT FOR STORM DRAIN DESIGN SERVICES FOR MYRA
AVENUE STORM DRAIN FROM BLOOMFIELD STREET TO MOODY STREET,
PUBLIC WORKS PROJECT NO. 2008-06, Mayor Pro Tem Narain requested
clarification on the process used for the selection of AKM Consulting Engineers.
The Public Works Director responded that a quality based selection process was used,
and it was determined that AKM Consulting Engineers was highly qualified with the
project cost below the $2 million budgeted amount.
It was moved by Mayor Pro Tem Narain and seconded by Council Member Seymore,
that the City Council: 1) Approve a Task Order in the amount of $1,705,352 for pump
station and storm drain design services for Myra Avenue storm drain from Bloomfield
Street to Moody Street, Public Works Project No. 2008-06, to AKM Consulting
Engineers; and 2) Authorize $255,803 as contingency to be used for unforeseen work;
and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.
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
END OF CONSENT CALENDAR
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 Board Member Luebben and seconded by Agency Board
Member Seymore, that the Redevelopment Agency approve Consent Calendar Item
No. 21.
The motion was unanimously carried 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
Item No. 21: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE
30, 2008.
Recommendation: That the Cypress Redevelopment Agency Board receive and file
the report.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective
committee assignments.
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CITY COUNCIL MINUTES JANUARY 12, 2009
Mayor Bailey_
Stated that in 2006, the City of Cypress undertook a reworking of the bingo laws. He
asked the Chief of Police to provide an update on the status of the net fiscal results
from the first year.
The Chief of Police stated that over the last few years there have been efforts to
restructure the City's bingo ordinance. In August 2007, the City Council approved
updates to the current bingo ordinance. The standards put into place have had no
effect for the licensees to be successful in fundraising efforts for their local non-profit
groups so much so that if you were to take the net profits from 2006 and combined the
five licensees at the time, they made approximately $300,000. In 2007, those licensees
made close to $600,000, with those monies going towards the assistance of local
entities within the City.
Asked Mayor Pro Tem Narain to speak regarding his daughter Seema in relation to the
television dance program that she is participating in.
Mayor Pro Tem Narain stated that his daughter, who is a senior at UCLA, was recently
selected to participate in the "Superstars of Dance" television program as part of the
Indian dance team.
Attended a reception for Rear Admiral Len Hering, Commander of the Navy Region
Southwest.
Council Member Mills:
Participated in the departure of 200 troops to Kosovo at the Joint Forces Training Base.
Attended the Woman's Club of Cypress' fundraiser. Attended the O.C. Division of the
League of California Cities holiday event and general meeting. Attended a senior club
meeting at the Cypress Senior Citizens Center. Discussed the Portland, Oregon,
prototype program where the public can be taxed on the number of miles that a car is
traveling; he is opposed to this type of government intrusion. Asked Chief Yokoyama to
discuss Alert OC.
The Chief of Police stated that the City Council authorized an agreement between the
City of Cypress and the County of Orange to utilize a software system to provide mass
public notifications for emergency situations. This project was funded by the County
and by signing the agreement, allows participation in utilizing the County's software
program. He stated that on Wednesday, January 14, 2009, there will be a test of the
mass notification system.
Council Member Seymore:
Attended the Woman's Club of Cypress' fundraiser. Attend an O.C. Fire Authority
Executive Committee Board and Ad Hoc Committee meeting. Attended the O.C.
Division of the League of California Cities general meeting. Attended the retirement
dinner for Captain Idom.
Mayor Pro Tem Narain:
Attended a BRACE site visit to Premiere Displays. Attended a breakfast with the
publisher of the O.C. Register newspaper. Attended the retirement dinner for Captain
Idom.
Council Member Luebben:
Attended an O.C. Sanitation District Administration Committee meeting. Attended a
SCAG Contracts and Audit Committee meeting. Attended an O.C. Sanitation District
Steering Committee meeting. Attended a SCAG workshop on SB 375. Attended the
retirement dinner for Captain Idom. Spoke regarding closure of the Maruki 98 Cent
store and Fresh & Easy Neighborhood Market moving into that location.
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CITY COUNCIL MINUTES JANUARY 12, 2009
The Community Development Director stated that it is anticipated that Fresh & Easy
Neighborhood Market will open by summer 2009.
Spoke regarding taxation and spending, complimenting staff and the City Council on
keeping the City fiscally sound.
ITEMS FROM CITY MANAGER:
The City Manager updated the community on tree planting projects in various
neighborhoods and the median irrigation project on Ball Road.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:59 p.m. to Monday, January
26, 2009, beginning at 5:30 p.m. in the Executive Board Room.
MA OR HE C Y RESS
ATTEST:
n
CITY CLERK OF THE CITY OF CYPRESS
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