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Minutes 2009-05-26324 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 26, 2009 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Bailey in the Council Chambers, 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 Legal Counsel Anthony Taylor City Clerk Denise Basham ORAL COMMUNICATIONS: None. CLOSED SESSION: The Assistant 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 Assistant 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 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 Police Captain Jackie Gomez-Whiteley Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse City Clerk Denise Basham 325 CITY COUNCIL MINUTES MAY 26, 2009 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey. INVOCATION: The invocation was given by Council Member Mills. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: 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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey, Employee Groups: Cypress Police Officers Association. The Assistant City Attorney stated that no reportable action was taken. The Assistant 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 Assistant City Attorney stated that the City Council voted unanimously to hire outside counsel to represent a former employee. 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. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming Chamber activities and events. 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 AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA. AMENDING CHAPTER 15C OF THE CYPRESS MUNICIPAL CODE REGULATING AND LICENSING THE CONDUCT OF BINGO WITHIN THE CITY OF CYPRESS. The Police Captain provided background information on this item. Council Member Seymore asked if this action is taking the City's ordinance to the State level. The Police Captain responded in the affirmative, stating that one of the two recommendations would be to raise the City's current cap limit of $250 and make it consistent with State law. Council Member Seymore asked if fines were imposed upon finding out about the illegal $1,199 games. The Chief of Police stated that staff worked with the local organizations and addressed concerns at meetings held with those groups, who voluntarily complied with the law. The Chief of Police stated that the group's bingo applications outline specific guidelines that the groups must adhere to. Council Member Luebben asked if the City could reference the State Penal Code rather than put a specific dollar amount. 2 326 CITY COUNCIL MINUTES MAY 26, 2009 The Assistant City Attorney stated that, typically, the specific dollar amounts do not change regularly and it is preferred to have the dollar amount in the City's Municipal Code for the public's reference. However, there could be a clause referencing the State Penal Code. Council Member Luebben discussed some of the concerns expressed to him by some of the bingo organizations including when neighboring cities do not enforce laws that Cypress does. The Police Captain stated that she has spoken to a bingo card vendor along with neighboring cities who are looking into legal issues raised. Council Member Luebben encouraged staff to continue working with neighboring agencies in an effort to get them to enforce the law so that Cypress' bingo organizations are not disadvantaged. Mayor Bailey stated that the City of Hawaiian Gardens operates under a gambling compact and they have a city ordinance that does allow gambling. He stated that it is important that the monies generated be monitored correctly and that there are school programs that benefit from the bingo funds. Furthermore, it should be noted that the City amended the bingo laws in 2006 and that, since then, the net receipts have substantially increased and the bingo games have been run in a fair and concise manner. 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 Mayor Bailey and seconded Council Member Luebben, that the City Council introduce for first reading the Ordinance by title only, approving an amendment to Cypress City Code, Section 15C related to regulation and licensing the conduct of bingo operations, as amended. 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, AMENDING SECTION 15C-11 OF CHAPTER 15C OF THE CYPRESS MUNICIPAL CODE REGULATING AND LICENSING THE CONDUCT OF BINGO WITHIN THE CITY OF CYPRESS. 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 Pro Tern Narain requested Agenda Item No. 9 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 8. 3 3 2 f/ CITY COUNCIL MINUTES MAY 26, 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 MAY 11, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of May 11, 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: PROCLAMATION RECOGNIZING JUNE 6 2009 AS THE "AMERICAN LUNG ASSOCIATION 100 YEAR ANNIVERSARY OXYGEN BALL" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially recognize June 6, 2009 as the "American Lung Association 100 Year Anniversary Oxygen Ball" in the City of Cypress. Item No. 5: SECOND READING OF AN ORDINANCE ADOPTING ZONING 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. Recommendation: That the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2009-01. ORDINANCE NO. 1104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2009-01 TO MODIFY SECTIONS 4.19.060.1-1.1.6, 4.19.060.H.2, 4.19.070.H.1.D, 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. Item No. 6: ACCEPTANCE OF REPLACEMENT OF HVAC SYSTEM AT CITY HALL, POLICE DEPARTMENT, AND MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2007-04. Recommendation: That the City Council: 1) Accept the Replacement of HVAC Systems at City Hall, Police Department, and Maintenance Yard, Public Works Project No. 2007-04, as being satisfactorily completed in conformance with the project specifications, in the final amount of $834,063.35; and 2) Approve the final retention payment of $83,406.33 to Bon Air, Los Angeles, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2009. Recommendation: That the City Council receive and file the Investment Report for the month of April, 2009. 4 328 CITY COUNCIL MINUTES MAY 26, 2009 Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 91118 THROUGH 91311. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. Recreation and Park District Matters: Regarding Item No. 9: FACILITY USE POLICY REVISIONS, Mayor Pro Tern Narain asked about the revision to the lead time for Cypress businesses to reserve a facility from 11 months in advance to 15 months in advance. The Director of Recreation and Community Services stated that Cypress businesses will be given a four-month advantage for facility reservations in an effort to accommodate future planned events. Non-Cypress based businesses will continue to be able to reserve facilities not more than 11 months in advance. The Director of Recreation and Community Services clarified that resident/non-profit groups may make up to four multiple-date reservations at one time. The non-profit groups who are granted approval through the Non-Profit Grant Contribution Program may make multiple-date reservations without having to pay the facility reservation fee, however, a security deposit would still be required. Council Member Luebben asked about the modifications to the Facility Use Policy and the justification for the increased advance reservation periods. The Director of Recreation and Community Services stated that the intent of the modifications to the Facility Use Policy are to be more helpful to the patrons and to better assist with document requirements such as liability insurance and equipment needs in a timely manner. It was moved by Mayor Pro Tern Narain and seconded by Council Member Luebben, that the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, review and approve the recommended changes to the Facility Use Policy, as amended. 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. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Jerry Austin, Cypress, spoke regarding the Moody Street improvements. 5 329 CITY COUNCIL MINUTES MAY 26, 2009 The City Manager stated that the street improvements will increase property values, calm traffic, and reduce the speed limit of traffic on Moody Street. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Bailey requested reports from the Council Members on their respective committee assignments. Mayor Pro Tern Narain: Attended a quarterly BRACE meeting at the Cypress Community Center. Attended an O.C. Division League of California Cities meeting. Attended a joint City/Cypress School District meeting. Attended a special City Council meeting. Participated in City Commissioner interviews. Attended an O.C. Library Advisory Committee meeting. Attended an event hosted by Senator Tom Harman for O.C. Sheriff Sandra Hutchins. Attended the Memorial Day Services at Forest Lawn. Council Member Luebben: Attended an O.C. Sanitation District Audit Committee Ad Hoc Committee meeting. Attended an O.C. Sanitation District Administration Committee meeting. Attended the Seal Beach Swim Club awards banquet. Participated in City Commissioner interviews. Attended O.C. Sanitation District Recognition Ad Hoc, Steering, and Board of Directors meetings. Attended a special City Council meeting. Spoke regarding the Moody Street improvements. Council Member Mills: Congratulated Oxford Academy on being number one in their standing with an API score of 982. Attended a Cypress Chamber of Commerce Networking breakfast. Attended a golf clinic for special needs students from Cerritos at the Navy Golf Course. Attended a Legislative Committee meeting. Attended the La Palma City Council meeting and provided a report from the SCAG General Assembly meeting. Attended the DARE Magical Day at SeaCoast Grace Church. Participated as a panelist for senior portfolios at Oxford Academy. Attended the arrival at the Joint Forces Training Base of the remains of a soldier from La Puente. Attended the Memorial Day Services at Forest Lawn. Attended a Regional Military Affairs meeting at the Joint Forces Training Base. Council Member Seymore: Attended an O.C. Fire Authority promotions ceremony. Participated in City Commissioner interviews. Attended the Recreation and Community Services Commission volunteer awards ceremony. Participated in the interview process for a new Fire Chief at the O.C. Fire Authority. Attended a special City Council meeting. Attended the Memorial Day Services at Forest Lawn. Mayor Bailey: Attended the quarterly BRACE meeting at the Community Center. With City staff, met with Sika Sarnafil, Inc. in Cypress. Attended a breakfast in Garden Grove hosted by Assemblyman Jim Silva. Attended the year-end festivities for the Challenger Baseball program. Attended a joint City/Cypress School District meeting. With City staff, met with Toyo Tires in Cypress. Asked the Assistant City Manager/Director of Finance and Administrative Services to discuss the fiscal impacts on Cypress of the failed propositions. Attended the Memorial Day Services at Forest Lawn. Thanked the City Manager for addressing Mr. Austin's concerns. The Assistant City Manager/Director of Finance and Administrative Services stated that 8% of the City's property tax would impact the City's General Fund by an amount of approximately $800,000. The Cypress Recreation and Park District would be impacted by $275,000, and the Redevelopment Agency would be impacted by $520,000. 6 330 CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: MAY 26, 2009 The City Manager discussed the impacts of the recently failed propositions and the hard work by the City Council to ensure that the City is fiscally managed. Discussed the BRACE program and important City connections made with these visits. Discussed the positive benefits of public improvements made by the City. ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of former Cypress resident Nick Eighmy at 8:05 p.m. to Monday, June 8, 2009, beginning at 5:30 p.m. in the Executive Board Room. MA R THE CI PRESS ATTEST: oJi ~ 6- CITY CLERK OF THE CITY OF CYPRESS 7