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Minutes 2009-03-23 289 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 23, 2009 A regular meeting of the Cypress City Council was called to order at 5:02 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 Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins Recreation Supervisor Shelly Myers Recreation Supervisor Jeff Draper Recreation Supervisor Jenni Worsham Recreation Specialist Teena Tomlinson Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: Rob Johnson, Cypress Community Festival Past Chair, spoke regarding the festival grant request. Darnell and Michelle Flemings, Cypress Pop Warner Football, spoke regarding the late filing of the group's grant request. Becky White, Special Olympics of Orange County, spoke regarding their grant request. WORKSHOP SESSION: The City Manager stated that the second part of the Non-Profit Contribution Grant Requests for Fiscal Years 2009-10 and 2010-11 would be presented along with follow- up from the workshop session of March 9, 2009. The Recreation and Community Services Director acknowledged staff members Jeff Draper, Dena Diggins, Bobby Blackburn, Teena Tomlinson, Shelly Myers, and Jenni Worsham for their integral part with the Non-Profit Contribution Grant Requests. The Recreation and Community Services Director stated that the Non-Profit Contribution Policy was updated two years ago, with the program on a two-year cycle. She informed of criteria for application submittals, including the maximum facility use allotments and insurance requirements, and stated that applications received past the due date of January 23, 2009, were not considered. The Recreation and Community Services Director reviewed the criteria and issues for grant awards, stating that the current economy and City budget constraints were taken into consideration. She stated that the group's benefit to the community along with an open membership not based on skill or ability is high criteria for grant consideration. zoo CITY COUNCIL MINUTES MARCH 23, 2009 The Recreation and Community Services Director commented that at the workshop session of March 9, 2009, the City Council requested afollow-up with funding support for Acacia Adult Day Services, Children's Advocacy Council, and Friends of Cypress Recreation & Parks, Inc. The Recreation and Community Services Director stated that the Cypress High School Scholarship Fund request is for $1,200 for each year. Staff recommends that amount be decreased to $600 for Fiscal Year 2009-2010, and eliminated completely from Fiscal Year 2010-2011. Council Member Luebben recommended the elimination, of the Cypress High School Scholarship Fund request for both fiscal years. Mayor Pro Tem Narain stated that he prefers that the Cypress High School Scholarship Fund request be eliminated gradually by Fiscal Year 2010-2011. Council Member Mills concurred with Mayor Pro Tem Narain. Council Member Seymore stated that the Cypress High School Scholarship Fund request should be immediately eliminated. Mayor Bailey concurred with Council Member Seymore. The majority of the City Council agreed to eliminate the Cypress High School Scholarship funding for Fiscal Years 2009-2010 and 2010-2011. The Recreation and Community Services Director stated that new guidelines will be used to more closely monitor the Advisory Committee on the Use of Athletic Facilities (ACUAF) groups' field usage. Mayor Bailey suggested that staff meet with the ACUAF groups more than four times per year. The Recreation and Community Services Director stated that the ACUAF groups will provide staff with a complete season of game and practice times, and recommended that anon-resident fee of $3-$5 be implemented for each participant per registration period. Council Member Seymore asked staff if consideration has been given to imposing a monetary penalty to the ACUAF groups for unused field usage. The Recreation and Community Services Director responded that staff had considered imposing a penalty, however, monitoring the games would be difficult for staff. Mayor Bailey stated that staff should be sure that non-ACUAF groups who use the fields are recreational groups and not semi-pro sports. The Recreation and Community Services Director stated that anon-resident fee has been instituted for class registrations and staff is recommending that anon-resident fee be established for the ACUAF groups, as well. She displayed a chart depicting the impact of an ACUAF non-resident fee. Mayor Pro Tem Narain asked if it is common for cities to charge non-resident fees. The Recreation and Community Services Director replied that it is common practice for cities to charge non-resident fees for class registrations, with some cities also charging a processing fee. It was the consensus of the City Council that anon-resident fee be instituted at $3 per player for Fiscal Year 2009-2010 then increased to $5 per player for Fiscal Year 2010- 2011. Council Member Seymore stated that grant applications received after the application deadline should not be given consideration. 2 291 CITY COUNCIL MINUTES MARCH 23, 2009 Council Member Mills concurred with Council Member Seymore. Michelle Flemings spoke regarding Cypress Pop Warner Football's grant application and the reason for its incompleteness. Council Member Seymore commented that it is the responsibility of the group's new and past Chairs to communicate with each other. The Recreation and Community Services Director stated that consideration may be given for Cypress Pop Warner Football to receive a reduced grant. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, to charge anon-resident fee of $5 per participant for Cypress Pop Warner Football and that their requested field usage hours be decreased to 50% for Fiscal Years 2009-2010 ~ and 2010-2011. 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 i The Recreation and Community Services Director stated that staff is recommending that the direct funding for Fiscal Year 2009-2010 for the Cypress Art League be reduced by $250 and by 50% for Fiscal Year 2010-2011, and that their facility usage be limited to 15 per fiscal year. The Recreation and Community Services Director provided the Concert-on-the-Green schedule for 2009 and the proposed dates for 2010. She stated that for 2010, it is recommended that one concert date from both the Cypress Pops Orchestra and the Friends of Cypress Cultural Arts, Inc. (FOCCA) be eliminated which adds up to a budgetary savings of approximately $10,000. Council Member Luebben stated that he is not in favor of reducing the number of Concerts-on-the-Green, but he is in favor of the consolidation of the concert schedule. The Recreation and Community Services Director stated that a reduction of the direct funding support in Fiscal Year 2010-2011 for the Cypress Pops Orchestra and FOCCA could be an alternative to eliminating concert dates, with the City continuing to supply the indirect funding. Council Member Luebben supports the Concerts-on-the-Green as they are affordable entertainment for the community. Mayor Pro Tem Narain concurred with Council Member Luebben. The Recreation and Community Services Director stated that the Cypress Senior Citizens Club and the Cypress Sunshine Club will continue with their regular large facility uses of the Cypress Senior Citizens Center, with the removal of staff support. The Recreation and Community Services Director reported that the Cypress Community Festival will receive $5,000 in direct funding for Fiscal Year 2009-2010, and $4,000 for Fiscal Year 2010-2011. She stated that Special Olympics is a new group and would not receive funding. Council Member Seymore suggested that the Cypress Children's Advocacy Council receive $500 in direct funding instead of $375 for Fiscal Year 2010-2011. Council Member Mills stated that the Cypress Children's Advocacy Council has one of the lowest end-of-year balances than the other groups, and are a group that addresses real needs of the community. The majority of the City Council agreed to provide $500 instead of $375 in direct funding to the Cypress Children's Advocacy Council in Fiscal Year 2010-2011. 3 292 CITY COUNCIL MINUTES MARCH 23, 2009 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 59456.9(c); Number of Cases: One. 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. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Exposure to Litigation, pursuant to Government Code Section 54956.9(b)(1); Number of Cases: One. 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 7:01 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 Public Works Director Doug Dancs Recreation and Community Services Director June Liu Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Bailey presented a proclamation to the staff of the West Cities Police Communications Center, proclaiming the week of April 13-19, 2009 as "National Public Safety Dispatcher Week" in the City of Cypress. Mayor Bailey presented a Certificate of Recognition to Melissa Wintersole on being selected the 2009 Runner-Up Dispatcher of the Year. 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 City Council held a workshop to discuss the Non-Profit Contribution Grant Requests for Fiscal Years 2009-10 and 2010-11. The City Council received community input and provided staff with recommendations for funding including athletic endeavors and special events. Staff will take the City Council recommendations and process them into a final report for the City Council. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. 4 293 CITY COUNCIL MINUTES MARCH 23, 2009 The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 59456.9(c); Number of Cases: One. The City Attorney stated that there was a privileged and confidential litigation avoidance strategy recommended to the City Council. Questions were responded to, and the City Council unanimously authorized the pursuit of said litigation avoidance strategy. 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 questions were responded to and a discussion of upcoming labor negotiations and that process were answered. No reportable action was taken on this item nor was any solicited. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel -Exposure to Litigation, pursuant to Government Code Section 54956.9(b)(1); Number of Cases: One. The City Attorney stated that there was a privileged and confidential litigation avoidance strategy recommended to the City Council. Questions were responded to, and the City Council unanimously authorized the pursuit of said litigation avoidance strategy. 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. Martin Eckmann, Cypress Civic Theatre Guild, spoke regarding theater construction at the Joint Forces Training Base. Dale Jones, Cypress Civic Theatre Guild, spoke regarding the theater schedule and community involvement. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to the Music of the Masters Concert on Sunday, March 29, 2009 at 4:00 p.m. at Cypress College. Wendy Grose, Precious Life Shelter, spoke regarding the group's annual fundraiser on Saturday, April 18, 2009 at the Navy Golf Course. Roberta O'Toole, Cypress, spoke regarding the Cypress Community Festival set for Saturday, July 25, 2009. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. PUBLIC HEARINGS: 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 fhe Agenda. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 1 through 9. 5 294 CITY COUNCIL MINUTES MARCH 23, 2009 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 MARCH 9, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of March 9, 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: PROCLAIMING APRIL 4, 2009 AS "ARBOR DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 4, 2009 as "Arbor Day" in the City of Cypress. Item No. 4: PROCLAIMING THE WEEK OF APRIL 13-19. 2009 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 13-19, 2009 as "National Public Safety Dispatcher Week" in the City of Cypress. Item No. 5: APPROPRIATION OF RESERVE FUND BALANCE. Recommendation: That the City Council approve the appropriation of $12,486 from the reserved Restricted Fund Balance (Promotional Fund) of the General Fund to account 4189-11-190-06. Item No. 6: EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the City Council: 1) Authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of $42,500,000 with the Cypress Redevelopment Agency; and 2) Increase estimated revenues in FY 2008-09 in the City's General Fund by $2,306,500 (3400-11) for interest income received on the notes at June 30, 2009. Item No. 7: EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY'S GENERAL FUND AND THE CITY'S SEWER FUND. Recommendation: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit "A") in the amount of $6,000,000 between the City's General Fund and the City's Sewer Fund. Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY. 2009. Recommendation: That the City Council receive and file the Investment Report for the month of February, 2009. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85466 THROUGH 85467. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. END OF CONSENT CALENDAR 6 295 CITY COUNCIL MINUTES MARCH 23, 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. It was moved by Agency Board Member Luebben and seconded by Agency Board Member Seymore, that the Redevelopment Agency approve Consent Calendar Item No. 10. 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. 10: EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board: 1) Authorize Cypress Redevelopment Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of $42,500,000 with the City of Cypress; and 2) Increase FY 2008-09 appropriations in the Cypress Redevelopment Agency's Debt Service Funds by the following: Civic Center Project Area (Interest - 4275-52-363-15) $525,000 Lincoln Avenue Project Area (Interest - 4275-53-364-15) $105,000 Los Alamitos Race Track Project Area (Interest - 4275-54-365-15) $1,612,500 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. Council Member Seymore: Attended a City tree planting ceremony held on Cerritos Avenue. Attended the O.C. Division League of California Cities meeting. Mayor Pro Tem Narain: Attended a City tree planting ceremony held on Cerritos Avenue. Attended the O.C. Division League of California Cities meeting. Participated in a conference call with Mike Davis, consultant with the O.C. Library Board, who serves on a task force to interview cities on the distribution of County money to various cities. Council Member Luebben: Attended an O.C. Sanitation District meeting. Attended a SCAG Contracts, Audit, and Personnel Committee meeting. Attended a North Orange County Economic and Business Development roundtable breakfast meeting. Attended a SCAG Integrated Policy Task Force meeting. Spoke of the current economic crisis. 7 2~fi CITY COUNCIL MINUTES MARCH 23, 2009 Council Member Mills: Attended a City tree planting ceremony held on Cerritos Avenue. Attended the M.A.D.D. 22"d Annual Law Enforcement and Prosecutor Recognition luncheon. Attended the O.C. Division League of California Cities meeting. Attended the 2009 3~d Annual Teen Fashion Scene co-sponsored by the cities of Cypress and La Palma. Attended a joint Chamber of Commerce mixer with Los Alamitos. Mayor Bailey: Attended a City tree planting ceremony held on Cerritos Avenue. Attended the O.C. Division League of California Cities meeting. Attended an AYSO meeting with the Cypress Police Department. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:51 p.m. in honor of the officers killed in the City of Oakland to Monday, April 13, 2009, beginning at 5:30 p.m. in the Executive Board Room. F TH F CYPRESS ATTEST: r~l~,c:~ ~.,o~: CITY CLERK OF THE CITY OF CYPRESS 8