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Minutes 2009-01-26 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 26, 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 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 Police Captain Jackie Gomez-Whiteley Planning Manager Doug Hawkins Finance Manager Matt Burton Public Works Superintendent Bobby Blackburn Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Planning Manager stated that on December 8, 2008, staff presented the City Council with an initial block wall rehabilitation program. In response to the City Council's direction, seven cost estimates for three locations within the City have been provided. Staff is requesting that the City Council select one of the proposed options, as well as the funding for that option, with staff to return at a future date with a formal wall rehabilitation program for the City Council's review and consideration. Council Member Luebben commented that there is an assumption that the program would be based on walls that are in good condition, with the costs not taking into consideration wall repairs. Council Member Seymore complimented staff of their presentation, expressing concern with the fiscal impact to the City. He commented that the funds could be better spent on other projects such as road repairs and/or beautification of the City, or repair of chain link fencing. He suggested that the City partner with residents for the replacement of chain link fencing to block wall fencing. Furthermore, Council Member Seymore suggested stronger compliance to unpermitted fencing and recreational vehicle parking. He asked about the wall for the new project on Lincoln Avenue. The Planning Manager responded that that project will have 7' high split-faced fencing with pilasters. Mayor Pro Tem Narain asked for clarification on the block wall rehabilitation program, asking if it is for beautification purposes and if green bushes blocking the walls might be of consideration. ~I 2~9 CITY COUNCIL MINUTES JANUARY 26, 2009 The Planning Manager replied that this project is for beautification purposes. The Public Works Director commented that there are concerns associated with using bushes to block the wall including damage, obstruction of needed vandalism repairs, along with irrigation concerns. Council Member Mills stated that he would agree to receive and file this matter, expressing concern that this project puts the City in a position as pseudo landlord in that authorization from every property owner would be needed. He expressed his appreciation to staff for the thoroughness of the report and suggested that this project be reconsidered in a more prosperous economic time. Mayor Bailey commented that he was under the impression that staff was to present the City Council with a project proposal on specific areas within the City and not such a broad rehabilitation program. He suggested that staff report back to the City Council at a future meeting with information and cost estimates on more site specific areas within the City. Council Member Luebben suggested that code enforcement activities be increased to identify block walls within the City that are unsightly and/or unsafe. The City Attorney stated that any block wall that is built on private property and is not properly maintained could be declared to be a nuisance, and the City could have the legal right to enforce upkeep of such. Council Member Luebben commented that discretion could be used in issuing citations for block wall maintenance. Mayor Pro Tem Narain expressed concern that residents are dealing with the same economic issues as the City. Council Member Luebben stated that the downturn in the economy could be long-term. However, communities can begin to deteriorate unless there is an obligation to property maintenance. It was moved by Council Member Seymore and seconded by Council Member Mills, to receive and file the report. 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 The 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(b), Number of Cases: One. At 5:53 p.m., the Mayor recessed the meeting. 7:00 P.M. SESSION: The 7:00 ~.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 City Attorney William Wynder 2 CITY COUNCIL MINUTES JANUARY 26, 2009 Director of Finance and Administrative Services Richard Storey Assistant Cit Mana er/ Y 9 Director of Community Development Ted Commerdinger Chief of Police Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Jackie Gomez-Whiteley Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse Planning Manager Doug Hawkins Public Works Superintendent Bobby Blackburn City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mills. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Chief Yokoyama provided details on the event of November 25, 2008, in which five Cypress Police Officers rescued an elderly woman from her residence. Chief Yokoyama presented Cypress Police Officers James Brewer, Erik Carlson, Paul Ruiz, Thomas Mellana and Brock Paul with the Cypress Police Department's Gold Distinguished Service Medal. Mayor Bailey presented Certificates of Special Recognition to the officers. John Moorlach, Orange County Board of Supervisors, and Brigadier General Combs, Joint Forces Training Base, presented Proclamations, Letters of Commendation and the Coin of Excellence to the Cypress Police Officers. Jorge Camargo, Orange County Fire Authority Division Chief, presented Lifesaving Certificates to the officers. Mike Wintersole, Cypress Police Officers' Association, presented Certificates of Commendation from Assemblyman Jim Silva to the officers. Brigadier General Combs, Joint Forces Training Base, presented a Letter of Commendation to Council Member Seymore for his support of the troops at the Joint Forces Training Base. Chief Yokoyama introduced new Police Captain Jackie Gomez-Whiteley and Mayor Bailey presented her with a City of Cypress lapel pin. 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 a proposed perimeter block wall rehabilitation program. He stated that the City Council discussed the options outlined in the staff report and unanimously approved to receive and file the item without further action. 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 -Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The City Attorney stated that the City Council unanimously directed staff to file the appropriate tort claim with the County of Orange asserting the City's rights under California law. 3 CITY COUNCIL MINUTES JANUARY 26, 2009 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. Darlene Little, Cypress, spoke regarding solar power panels on City buildings. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. Roberta O'Toole, Cypress, spoke regarding the Cypress Community Festival on July 25, 2009. Star Johnson, Cypress, spoke regarding pay for police officers. City Attorney Wynder thanked the City Council and staff for their condolences and support on the recent passing of his mother. The City Attorney stated that decisions made by staff are done so under the advice of legal counsel and that decisions that are made are not always popular even when they comport with the requirements of law. He assured that the City Manager made a decision that is unquestionably legally correct and legally appropriate and the Fair Labor Standards Act absolutely mandated the decision that was made in this circumstance. Not withstanding the very clear mandate of law and with legal concurrence, the City Manager was fully prepared to authorize this overtime provided that the Police Officers' Association would acknowledge that this onetime exception to the rule of law would not create an employment practice which the City would be obligated to follow in the future. As of tonight, that offer has not been accepted. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: A PUBLIC HEARING REGARDING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. 81-4, A REQUEST TO EXPAND THE EXISTING LOADING DOCK AREA FOR THE INDUSTRIAL BUILDING LOCATED AT 6550 KATELLA AVENUE IN THE PC-2 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided background information on this item. The public hearing was opened. Lon Stephenson, Ware Malcomb Architects, stated that the building has been vacant since February 2006, and that the project assists with marketability. Mayor Bailey asked Mr. Stephenson if he agrees with all of the 44 conditions of approval. Mr. Stephenson replied that he agrees with all of the conditions of approval. Mayor Bailey asked if there was anyone who wished to speak in favor of the item. Mayor Bailey asked if there was anyone who wished to speak against the item. Council Member Mills asked about the type and frequency of trucks that would be coming into the facility. Mr. Stephenson responded that typical shipping and freight trucks would be coming onto the facility, with their frequency unable to be determined until there is a tenant on the site. 4 zs CITY COUNCIL MINUTES JANUARY 26, 2009 Council Member Luebben asked if the new tenant would have to come back to the City Council for a conditional use permit. The Planning Manager stated that the new tenant would be required to come back to City staff. The public hearing was closed. It was moved by Council Member Seymore and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, approving Amendment No. 3 to Conditional Use Permit No. 81-4, subject to the conditions in Exhibit "A" of the Resolution. 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 RESOLUTION NO. 6130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. 81-4 -WITH CONDITIONS. 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 Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 2 through 9. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 12, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of January 12, as submitted. 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: AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENT FOR TRAFFIC ENGINEERING SERVICES FOR THE PREPARATION OF CITYWIDE ENGINEERING AND TRAFFIC SURVEYS PUBLIC WORKS PROJECT NO. 2008-30. - Recommendation: That the City Council: 1) Award a Professional Contract Services Agreement for Traffic Engineering Services for the Preparation of Citywide Engineering and Traffic Surveys, Public Works Project No. 2008-30, for an amount not to exceed $29,160, to Albert Grover and Associates, Fullerton, California; and 2) Authorize $4,374 (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. 5 CITY COUNCIL MINUTES JANUARY 26, 2009 Item No. 5: APPROVAL OF THE SEWER SYSTEM MANAGEMENT PLAN PER SECTION D.11 OF THE STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006-0003. Recommendation: That the City Council approve the Sewer System Management Plan, as required per Section D.11 of the State Water Resources Control Board Order No. 2006-0003, and authorize the Director of Public Works/City Engineer to submit the required certification form to the State Water Resources Control Board. Item No. 6: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF CYPRESS THE CITY OF LOS ALAMITOS THE CITY OF SEAL BEACH AND THE WEST CITIES COMMUNICATIONS CENTER JOINT POWERS AUTHORITY FOR SHARED USE OF A MOBILE COMMAND VEHICLE. Recommendation: That the City Council authorize the Mayor to execute the Agreement for the shared use of the Mobile Command Vehicle (MCV). Item No. 7: AWARD OF CONTRACT FOR AN ON-LINE TRAFFIC COLLISION REPORTING SYSTEM. I Recommendation: That the City Council award a contract to Crossroads Software, Inc. for an On-Line Traffic Collision Reporting System. Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2008. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2008. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85511 THROUGH 85512 AND WARRANTS NO. 89634 THROUGH 89758. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2008-09. 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. No items. 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. s i~ CITY COUNCIL MINUTES JANUARY 26, 2009 Council Member Luebben: Attended the Vessels Elementary School "Breakfast with Dads" event. Attended a SCAG Contracts, Audit, and Personnel Committee meeting. Attended a California Association of Sanitary Agencies Conference in Indian Wells. Council Member Mills: Attended the Cypress Chamber of Commerce networking breakfast. Attended an O.C. Vector Control District meeting. Attended a legislative committee meeting and commented on current State budget issues. Attended the swearing-in ceremony for Captain Jackie Gomez-Whiteley. Attended the Cypress Chamber of Commerce seminar series at the Cypress Library. Attended an OCCOG Board of Directors meeting. Attended a Cypress Chamber of Commerce mixer at Woodfin Suites. Attended a presentation of California Friendly Gardening for Water Wise Gardener sponsored by the Metropolitan Water District at the Cypress Community Center. Council Member Seymore: Attended the swearing-in ceremony for Captain Jackie Gomez-Whiteley. Attended an O.C. Fire Authority Board of Directors meeting. Attended the commissioning ceremony of the USS Greenbay. Mavor Pro Tem Narain: Attended an O.C. Library Advisory Board meeting. Attended the 25th anniversary of dance instructor Ms. Kumar. Attended the swearing-in ceremony for Captain Jackie Gomez-Whiteley. Attended a League of California Cities conference in Sacramento. Mavor Bailey: With the City Manager, attended a meeting with John Moorlach, Orange County Board of Supervisors, regarding redevelopment. Attended the swearing-in ceremony of Captain Jackie Gomez-Whiteley. Met with Orange County District Attorney Tony Rackauckas to discuss various cases in the City. Attended a St. Irenaeus Catholic Church kickoff breakfast for Catholic Schools Week. Thanked City Attorney Wynder for his comments regarding police officers and pay issue. ITEMS FROM CITY MANAGER: The City Manager spoke regarding the State budget and impacts to the City. Spoke regarding the State of the City Luncheon set for January 28, 2009. ADJOURNMENT: Mayor Bailey adjourned the meeting in honor of the five Cypress Police Officers at 8:03 p.m. to Monday, February 9, 2009, beginning at 5:30 p.m. in the Executive Board Room. MA OFT CI F CYPRESS ATTEST: {~u.~e._ ~c~,~~ CITY CLERK OF THE CITY OF CYPRESS