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Minutes 2009-05-11CIA MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 11, 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 Water Quality Manager Gonzo Vazquez Planning Manager Doug Hawkins Redevelopment/Economic Development Manager Bill Manis Public Works Superintendent Bobby Blackburn Finance Manager Matt Burton Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Assistant City Manager/Director of Finance and Administrative Services stated that the City Council will be presented with a presentation of the City's Fiscal Year 2009-10 budget which will be submitted to the City Council for adoption at the meeting of June 8, 2009. The Assistant City Manager/Director of Finance and Administrative Services stated that the combined proposed budgets of the City, Redevelopment Agency, and Recreation and Park District total $51.5 million. The City's proposed budget is approximately $42 million, which is a decrease of approximately $240,000. He stated that the proposed Capital Improvement Program is $16.5 million, with personnel costs increasing by approximately 1.8%. The Assistant City Manager/Director of Finance and Administrative Services reviewed the proposed City General Fund. He stated that the City Clerk's budget reflects a significant decrease due to not holding an election in Fiscal Year 2008-09. Furthermore, there have been significant decreases in departmental travel and meeting requests. Council Member Mills asked about extending the life of City equipment. The Assistant City Manager/Director of Finance and Administrative Services responded that the accounting life, not actual life, of City equipment has been extended. 315 CITY COUNCIL MINUTES MAY 11, 2009 The Mayor asked about the 3.4% General Fund increase in the Police budget. The Assistant City Manager/Director of Finance and Administrative Services stated that the Police budget increase is within a normal range. The Assistant City Manager/Director of Finance and Administrative Services stated that the Cypress Recreation and Park District's estimated revenue reflects an increase of 2.9%, with a 1.1% increase in proposed expenditures. He stated that the Redevelopment Agency's estimated revenues and proposed expenditures are approximately $4 million each. The Assistant City Manager/Director of Finance and Administrative Services stated that the Transit Occupancy Tax is down by 15% as compared to last year, and sales tax is down by 12%. He stated that revenue-wise it is anticipated that there will be a slower development growth. Council Member Mills asked about the risks of the City investments, taking into consideration the current economic situation. The Assistant City Manager/Director of Finance and Administrative Services responded that the City's money is restricted from the State's money, and he is confident that the City's funds are secure. The Assistant City Manager/Director of Finance and Administrative Services stated that the City has implemented a hiring freeze for vacant positions for the Community Development, Public Works, and Police Department, and the Recreation and Park District has eliminated two custodian positions. The Assistant City Manager/Director of Finance and Administrative Services stated that the Capital Improvement Program would continue at minimum funding of $2.25 million with additional funding of $4.5 million from the General Fund for infrastructure including storm drains, sidewalk repairs, and tree planting. The Assistant City Manager/Director of Finance and Administrative Services stated that based on the most recent actuarial reports it was determined that the City's cost for service to date is approximately $4.6 million with no debt for past costs of the City's employees to future taxpayers. The Assistant City Manager/Director of Finance and Administrative Services provided an overview of future revenues and cost threats, stating that there is a possibility that the State may reduce the City's street/public safety funds. He stated that there is a balanced budget, without employee layoffs or furloughs that is consistent with City goals. Council Member Mills asked for clarification on the Police Department's meeting and travel budget. The Assistant City Manager/Director of Finance and Administrative Services replied that every operating department decreased their budget by one-third. The Police Department has a lot more travel than others and many of their staff attended a retreat last year. He stated that their non-required training has been cut. Mayor Bailey asked about the Redevelopment Agency's debt being transferred into the Infrastructure Fund. The Assistant City Manager/Director of Finance and Administrative Services stated that it was intended to be reflected in the financial management system. Mayor Bailey asked about the employee fringe allocation and asked for a departmental breakdown of the amounts. The Assistant City Manager/Director of Finance Administrative Services stated that the actual wages and salaries reflect actual time worked. 2 31 6 CITY COUNCIL MINUTES MAY 11, 2009 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); Blythe v. North Orange County Community College District, et al.; Case Number 00118968, Orange County Superior Court. At 6:31 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 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 Planning Manager Doug Hawkins Water Quality Manager Gonzo Vazquez Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Luebben. INVOCATION: The invocation was given by City Attorney Wynder. 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 to discuss the Fiscal Year 2009-10 annual budget. He stated that staff presented an informative review of the combined budget, which is $51 million. The City budget will consist of a $34 million proposed budget. The City Council was briefed on uncertainties at the State level, with a public hearing set for June 8, 2009 for adoption of the budget. 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 - Existing Litigation, pursuant to Government Code Section 54956.9(a); Blythe v. North Orange County Community College District, et al.; Case Number 00118968, Orange County Superior Court. The City Attorney stated that there was a privileged and confidential briefing on the filing of a second lawsuit rising out of events occurring on the Cypress College Campus. The City Council unanimously directed the City Attorney's office to tender defense to the North Orange County Community College District and provide indemnity for the individually named police officers in this lawsuit as the City Council has consistently done in defending and protecting the interest of its police officers. 3 3 1 7 CITY COUNCIL MINUTES MAY 11, 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. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to attend the "Voices 2009" concert on May 16 and May 17, 2009 at Cypress College. 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 ZONING CODE AMENDMENT NO. 2009-01, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060, 4.19.070, AND 4.19.080 OF THE CYPRESS ZONING CODE RELATED TO INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL USE PERMITS, AND VARIANCES. The Planning Manager provided background information on this item. The public hearing was opened. 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. The public hearing was closed. It was moved by Council Member Seymore and seconded by Council Member Luebben, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2009-01. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2009-01 TO MODIFY SECTIONS 4.19.060.1-1.1.13, 4.19.060.1-1.2,4.19.070.1-1.1.13, 4.19.070.H.3, 4.19.070.H.4, 4.19.080.1.1.D, 4.19.080.1.2, AND 4.19.080.1.3 OF THE CYPRESS ZONING CODE. 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. Council Member Luebben requested Agenda Item No. 5 be pulled from the Consent Calendar. It was moved by Council Member Luebben and seconded by Council Member Seymore, to approve Consent Calendar Items No. 2 through 4 and 6 through 12. 4 318 CITY COUNCIL MINUTES MAY 11, 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 27. 2009. Recommendation: That the City Council approve the Minutes of the Meeting of April 27, 2009, as amended. 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: PROCLAIMING THE WEEK OF MAY 17-23. 2009 AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 17-23, 2009 as "National Public Works Week" in the City of Cypress. Item No. 6: AWARD OF CONTRACT FOR THE INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES (PHASE 4), PUBLIC WORKS PROJECT NO. 2008-29. Recommendation: That the City Council: 1) Award a contract for the Installation of Conduit/Cable for CCTV Purposes (Phase 4), Public Works Project No. 2008-29, in the amount of $109,367.50 to the lowest responsible bidder Pro Tech Engineering, Corona del Mar, California; and 2) Authorize a contingency of $16,405 (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. Item No. 7: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE COUNTY OF ORANGE REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM. Recommendation: That the City Council: 1) Adopt the Resolution by title only, authorizing submittal of an application for funds for the County of Orange Regional Recycling and Waste Diversion Grant Program; and 2) Authorize the City of Cypress to serve as the administering agency of the grant on behalf of the Cities of Los Alamitos and Seal Beach. RESOLUTION NO. 6141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE COUNTY OF ORANGE FOR THE REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM. Item No. 8: EXTENSION OF VEHICLE STORAGE AND TOWING CONTRACT. Recommendation: That the City Council approve the First Amendment to the existing Restated Towing and Storage Services Agreement with Five City Automotive Repair Center, Inc., a California Corporation (dba Cypress Auto Tow and Hansen Auto Body), for City-initiated towing and storage services in the City of Cypress, and authorize the City Manager to execute the Agreement for a period of fourteen (14) months. Item No. 9: RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL YEAR 2009-10 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, establishing the City's Fiscal Year 2009-10 appropriation limit. 5 319 CITY COUNCIL MINUTES MAY 11, 2009 RESOLUTION NO. 6142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR THE 2009-10 FISCAL YEAR. Item No. 10: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, regarding the adoption of the Annual Statement of Investment Policy. RESOLUTION NO. 6143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 90957 THROUGH 91117. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. Recreation and Park District Matters: Item No. 12: RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S FISCAL YEAR 2009-10 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District's Fiscal Year 2009-10 appropriation limit. RESOLUTION NO. 6144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2009-10 FISCAL YEAR. Regarding Item No. 5: DESIGN REVIEW COMMITTEE PERMIT NO. 2009-03, A REQUEST TO CONSTRUCT A 10,014 SQUARE FOOT TWO-STORY INDUSTRIAL BUILDING ON THE PROPERTIES LOCATED AT 8865 AND 8871 WATSON STREET IN THE PC PLANNED COMMUNITY ZONE, Council Member Luebben asked staff to provide a more detailed report on this project. The Planning Manager provided background information on this item. Council Member Luebben stated that he is in support of aging property being replaced with a facility that would be more beneficial to the City. The applicant, Bozena Jaworski, stated that the property owner's intent is not to sell the homes, but to increase the number of property that he manages. Mayor Bailey asked about the applicant's use of the building and storage of his personal equipment on the site. 6 MAY 11 2009 3 z' CITY COUNCIL MINUTES It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2009-03, 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. 6140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-03 - WITH CONDITIONS. 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. Mayor Pro Tern Narain: Attended a Los Alamitos Youth Center event. Attended a joint meeting with the Anaheim Union High School District. Attended the FOCCA Awards ceremony. Attended a Relay for Life event in Los Alamitos. Council Member Mills: Spoke regarding positive comments he received regarding banners in the City. Attended the Tip-A-Cop fundraiser for Special Olympics at Chili's. Attended the FOCCA Awards ceremony. Attended a DARE graduation at St. Irenaeus School. Visited Police Chaplain Jerry Shumard after his surgery. Attended Cypress Celebrates the Arts. Attended the SCAG Annual General Assembly in La Quinta. Stated that a golf clinic will be held at the Navy Golf Course on May 12th for special education youth from Cerritos. Council Member Seymore: Attended the Tip-A-Cop fundraiser for Special Olympics at Chili's. Attended a DARE graduation at St. Irenaeus School. Attended an O.C. Fire Authority Reserve Ad Hoc Committee meeting. 7 321 CITY COUNCIL MINUTES Mayor Bailey: MAY 11, 2009 Attended a joint meeting with the Anaheim Union High School District. Presented the juried art awards at the FOCCA Awards ceremony. Attended a DARE graduation at St. Irenaeus School. Wished the Cypress youth baseball and softball teams good luck in their playoffs. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:30 p.m. to an Adjourned Regular Meeting on Monday, May 18, 2009, beginning at 5:30 p.m. in the Executive Board Room. MAfUR OfrTHE C13)POF CYPRESS ATTEST: t CITY CLERK OF THE CITY OF CYPRESS 8