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Minutes 2009-02-09 26~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 9, 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 Police Captain Jackie Gomez-Whiteley Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Water Quality Manager Gonzo Vazquez Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that this is the first workshop on sewer service rates. The City of Cypress' rates have not been increased since 2000. He stated that the City's system is in need of approximately $43 million in repair over a 15-20 year timeframe. The Public Works Director stated that in 2000 the City Council adjusted sewer service rates for operation and maintenance only, with a City Sewer Master Plan, thereafter, that included a full picture of conditions and deficiencies and a video inspection of the City's sewer system. The City Attorney provided an explanation of Proposition 218 requirements. He stated that the State Legislature clearly states that the rate adjustments cannot be beyond a five-year period. Mayor Pro Tem Narain asked if Proposition 218 prohibits the sewer service rates from going before a vote of the people. Council Member Luebben commented that the Orange County Sanitation District has to do a Proposition 218 notice for their sewer rates and there were very few protests. Council Member Mills asked for clarification on protests based on the property resident and property ownership, pointing out that this is not a tax but a fee. The City Attorney responded that the fee is assessed against the property owner, not necessarily the property resident. zss CITY COUNCIL MINUTES FEBRUARY 9, 2009 The City Attorney responded that Proposition 218 does not prohibit a vote of the residents. However, any such vote would be advisory only and would not be binding on the City Council. The Public Works Director distributed to the City Council Members informational materials depicting aone-year initial general rate scenario, stating that the City's current rate is .14~ per 100 cubic feet of water. He stated that with the City's current revenue of $150,000 it would take 287 years to complete the capital program. The Public Works Director reviewed a scenario had the rates been adjusted in 2000, noting that the single family residential usage would have been $7.57 per month, whereby, the current proposal is for approximately $12 per house. The Public Works Director reviewed simple rate adjustment scenarios based on 5% per year, 6.9% per year, and 23% for the first 10 years and 5% for the last five years. The revenue for all scenarios would be approximately $86 million. The Public Works Director distributed to the City Council a chart depicting sewer rate comparisons based on 9,000 gallon usage for residential single family residence. Mayor Pro Tem Narain asked if there are any City's that charge different rates for residential and commercial. The Public Works Director responded that the City of Anaheim's residential rates differ from their commercial rates. Mayor Pro Tem Narain asked about residential and commercial rate adjustments. The City Attorney stated that, if the established rate structure is intended to pay the residential proportionate share of the cost of the sewer fee based on usage, commercial rates cannot be charged in order to subsidize and, thereby, lower residential rates. Council Member Mills commented that he has a preference for scenario #1, applied equally for commercial and residential. Council Member Seymore asked if the commercial properties, specifically hotels, are putting a burden on the City's system, and asked if the size of the pipe affects the amount of water. The Public Works Director responded that currently there is a usage based system, in that everyone pays a proportion based on usage, stating that the size of the pipe does not affect the amount of water. Mayor Bailey asked about the status of the Golden State Water District rate increases presented in the City of Placentia. Furthermore, he asked about the feasibility of retaining a public relations firm prior to the City Council making a decision and presenting it to the public. The Public Works Director spoke of the pros and cons of retaining a public relations firm. With regard to the economic environment and lower scale rate increase, the Public Works Director stated that the total amount of capital improvements needed remains the same, nonetheless. Council Member Luebben stated that no matter what recommendation the City Council makes, there will still be rate shock from the residents. However, adjusting the rates would put the City of Cypress in-line with everyone else. Council Member Luebben questioned the benefit of spending money on a public relations firm, and commented that he is in favor of scenario #1. Mayor Pro Tem Narain stated that, due to the drastic economic state, he feels uncomfortable putting an extra burden on families who may already be struggling. 2 267 CITY COUNCIL MINUTES FEBRUARY 9, 2009 Council Member Seymore commented that he is sympathetic to the current economic state and placing an additional financial burden on families. However, he recognizes the need for the rate increases. Mayor Bailey stated that retention of a public relations firm is essential for the dissemination of information to the public, and that he would like more details. He asked staff for recommendations on furthering this progress without specifically choosing an option, and asked what the cost of retaining a public relations firm would be. The Public Works Director stated that retention of a public relations firm could cost between $25,000 - $50,000. Council Member Seymore spoke of the unlikelihood of receiving a large amount of protests that would negate the need for retention of a public relations firm. Mayor Pro Tem Narain stated that, at this time, he is uncomfortable with scenario #1, stating that he would like more feedback from a public relations firm. Council Member Seymore commented that, based upon his professional experience, a rate increase from $1.67 to $11.97 may be too extreme. He suggested that the amount be under $10. The Public Works Director stated that keeping the rate at under $10 per month for a single family residential bill would take 19 years to accomplish the Capital Improvement Program. It was the consensus of the City Council to go with scenario #2 with cost estimates for the retention of a public relations firm. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Police Officers Association. At 6:30 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 7:04 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 Assistant City Manager/Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Chief of Police Mark Yokoyama Police Captain Jackie Gomez-Whiteley 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 Senior Civil Engineer Alvin Papa Associate Engineer Dario Simoes City Clerk Denise Basham 3 2~8 CITY COUNCIL MINUTES FEBRUARY 9, 2009 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Gail Butler, Mothers Against Drunk Driving (MADD), presented the Deuce Award to Cypress Police Officer Paulo Morales. Chief Yokoyama commended Officer Morales on his continued service with the Mothers Against Drunk Driving (MADD) program. Kim Mentor, Mothers Against Drunk Driving, provided information on their March 12 fundraising luncheon at the Nixon Library and fundraising walk on May 9 in Huntington Beach. The Public Works Director provided an update on current and upcoming Public Works projects. Mayor Pro Tem Narain complimented staff on the additional tree plantings, and asked how the traffic intersection light camera will improve traffic flow. The Public Works Director responded that the intersection light camera will allow the City's Traffic Engineer to affect the timing of the signals and diagnose and monitor problems. 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 proposed sewer rate increases. He stated that the City Council reviewed a variety of alternatives and reviewed the process. He stated that the City Council would continue to review the rate increases with information to be brought forward to the public. 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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Police Officers Association. The City Attorney stated that the City Council met in Closed Session in order to confer with its legal counsel and its staff regarding the process to initiate, undertake, and successfully conclude labor negotiations with the Cypress Police Officers Association. 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. Heather Hagan, Joint Forces Training Base, provided an update on upcoming activities and events on the base. Steve Gross, AmeriCare Ambulance, spoke regarding the current Request for Proposal process with the O.C. Fire Authority for ambulance service. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming Chamber activities and events. 4 ass CITY COUNCIL MINUTES FEBRUARY 9, 2009 Dave Sluga, Cypress Community Festival Association Chair, spoke regarding the event on July 25, 2009 at Oak Knoll Park. 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 "Consenf 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. 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: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 26, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of January 26, 2009, as submitted. 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: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR CARBON CREEK CHANNEL AND VALLEY VIEW STREET STORM DRAIN, PUBLIC WORKS PROJECT NO. 2008-14. Recommendation: That the City Council: 1) Approve a Task Order in the amount of $137,043 for engineering design services for Carbon Creek Channel and Valley View Street Storm Drain, Public Works Project No. 2008-14, to Harris & Associates; and 2) Authorize $20,557 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. 4: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES (PHASE 4), PUBLIC WORKS PROJECT NO. 2008-29. Recommendation: That the City Council: 1) Approve a Task Order in the amount of $137,043 for engineering design services for Carbon Creek Channel and Valley View Street Storm Drain, Public Works Project No. 2008-14, to Harris & Associates; and 2) Authorize $20,557 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. 5: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 89759 THROUGH 89950. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2008-09. END OF CONSENT CALENDAR 5 X70 CITY COUNCIL MINUTES FEBRUARY 9, 2009 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. i Council Member Sevmore: Attended the State of the City Luncheon. Attended the O.C. Fire Authority's Best and Bravest Awards. Attended an O.C. Fire Authority Reserve Ad Hoc Committee meeting. Council Member Luebben: Attended the State of the City Luncheon. Attended an O.C. Sanitation District Steering Committee and Board meeting. Attended a Junior Olympic youth swim meet in Long Beach. Attended a Lexington Junior High School Site Council meeting. Attended a special orientation meeting of the O.C. Sanitation District with Mayor Pro Tem Narain. Appointed by the Chair of the O.C. Sanitation District as an Alternate Director of the Groundwater Replenishment System. Attended a SCAG Energy and Environment Committee meeting. Spoke regarding the City of Los Alamitos. Council Member Mills: Stated a golf clinic for disabled veterans will be held at the Naval Golf Course on February 17th. Attended an SB 375 workshop in Buena Park. Attended the State of the City Luncheon. Attended the Grand Opening of the Joint Reserve Intelligence Center at the Joint Forces Training Base. Attended a DARE ice cream social at Morris Elementary School. Attended a SCAG meeting. Commented on the current economic environment of the State. Stated comments by Council Member Luebben in regard to the City of Los Alamitos do not reflect his beliefs. Mayor Pro Tem Narain: Attended the State of the City Luncheon. Attended an O.C. Sanitation District orientation meeting with Council Member Luebben. Asked about a wireless microphone for the podium in the Council Chambers. Mayor Bailey: Gave the State of the City speech at the annual luncheon. With the City Manager, Community Development Director, and Redevelopment/Economic Development Manager, visited Shaw Industries as part of the BRACE Program. Attended the Cypress College Foundation Americana Awards kickoff breakfast. Stated that opinions of individual Council Members are not the opinions of the City Council as a whole. 6 z CITY COUNCIL MINUTES FEBRUARY 9, 2009 ITEMS FROM CITY MANAGER: The City Manager spoke regarding his attendance at the City Managers Annual Conference which focused on current budget issues. Commended the Assistant City Manager/Director of Finance & Administrative Services for maintaining the City's budget especially during difficult economic times. ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:58 p.m. to Monday, February 23, 2009, beginning at 5:00 p.m. in the Executive Board Room. F TH OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS