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Minutes 2009-07-13 352 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 13, 2009 A regular meeting of the Cypress City Council was called to order at 5:30 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 Assistant City Manager/Director of Finance and Administrative Services Richard Storey ORAL COMMUNICATIONS: None. 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: Executive Management, Mid-Management, Non-Represented, Police Management Association, Cypress Police Officers Association. At 5:31 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 Police Captain Ed Bish Assistant City Engineer Kamran Dadbeh Water Quality Manager Gonzalo Vazquez Maintenance Supervisor Art Erbes Senior Civil Engineer Alvin Papa Information Services Manager Don Casados Administrative Services Manager Andrew Tse City Clerk Denise Basham 353 CITY COUNCIL MINUTES JULY 13, 2009 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey. INVOCATION: The invocation was given by Council Member Mills. PRESENTATIONS: Mayor Bailey presented a Proclamation to the Oxford Academy Boys Baseball Team for winning the CIF Division VI Championship. Chief Yokoyama introduced new Police Captain Ed Bish. Captain Bish thanked the City Council, City Manager, and staff for their recognition and support, and commented on his goals as Captain. 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: Executive Management, Mid-Management, Non-Represented, Police Management Association, Cypress Police Officers Association. The Assistant City Attorney stated that direction was given on negotiations and no action was taken. 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. Shelley Henderson, Cypress, spoke regarding a new opportunity for online news dissemination. Heather Hagan, Joint Forces Training Base, spoke regarding upcoming activities and events. Tim Keenan, Cypress Chamber of Commerce, spoke regarding upcoming 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: PUBLIC HEARING ON A PROPOSAL TO CONSIDER ADJUSTING THE CITY'S SANITARY SEWER SERVICE CHARGE (MUNICIPAL CODE SECTION 22-1) The Director of Public Works/City Engineer provided background information on this item. Council Member Luebben asked about sewer rate increases that were presented to the previous City Councils. The Director of Public Works/City Engineer responded that sewer rate increases were previously presented to City Council in August 1999, November 1999, and January 2000. He stated that in February 2000 the City Council voted to recommend that the sewer rates be increased from .0780 per hundred cubic feet to .1400 per hundred cubic feet. However, the recommendation proposed to the City Council was for a sewer rate increase from .050 per hundred cubic feet to .410 per hundred cubic feet, with various options including emergency and proactive repairs. There was no master planning or videoing done at that time. 2 354 CITY COUNCIL MINUTES JULY 13, 2009 Council Member Luebben stated that staff now has the advantage of having an extensive study and videotaping, which allows staff to more accurately identify the infrastructure upgrade and replacement costs. The Director of Public Works/City Engineer stated that the .410 increase would have raised approximately $1 million per year for capital improvements. The current .1400 increase raised $50,000 for emergency repairs and $100,000 for other repairs. Council Member Seymore asked if the $43.1 million sewer capital improvements cost is figured in today's dollars. The Director of Public Works/City Engineer responded in the affirmative and stated that the cost estimate was finished in January 2009. Council Member Seymore asked about the cost of a sewage spill in the City. The Director of Public Works/City Engineer responded that a sewage spill in the City would cost approximately $200,000-$300,000, not including clean-up costs and associated fines from the Regional Board. Council Member Mills stated that the reality of local government is that we are really at the bottom of the food chain and usually end up with very little flexibility to compensate for the State and County actions. He stated that the fees that are collected are protected from anything that Sacramento can do and gave a visual analogy of the fee increase which equates to approximately $7 per month. Mayor Bailey asked the Director of Public Works/City Engineer to read the terms of the permit. The Director of Public Works/City Engineer cited Section D-9 of the State Water Resources Control Board Order No. 2006-0003. Mayor Bailey asked about notification to customers and property owners of the protest hearing. The City Clerk stated that on May 26, 2009, a notice was mailed to all property owners and customers subject to the sewer fees and notices were published in The Event newspaper on May 29 and July 3, 2009. Mayor Bailey asked if written protests had been filed and if there were sufficient protests for a majority protest of any of the fees in question. The City Clerk stated that the City Clerk's Office has received 18 written protests which represent 56 protest votes. She stated that there are insufficient protests with respect to the fees or any of them to count as a majority protest of the parcels subject to the fees. The public hearing was opened. Mayor Bailey asked if there was anyone who wished to speak in favor of the item. Mark Clemons, Cypress Police Officers Association Roberta O'Toole, Cypress Mayor Bailey asked if there was anyone who wished to speak against the item. Mary Giedliu, Cypress Tim Keenan, Cypress Chamber of Commerce/Resident David Wassenaar, Cypress College Howard Cromer, Cypress John Roberts, Cypress Bruce Gustafson, Cypress Larry Katzke, Cypress Lydia Sondhi, Cypress 3 355 CITY COUNCIL MINUTES JULY 13, 2009 Debbie Kimberlin, Warland Investments Company/Resident Susan Garey, Warland Investments Company Jennifer Dagarag, Cypress The following individuals commented on the item: Mike McGill, Cypress Anna Piercy, Cypress The public hearing was closed. The Director of Public Works/City Engineer addressed issues brought forward during the public hearing including funding sources and what these funds can be used for. The Assistant City Manager/Director of Finance and Administrative Services commented that, in regard to comments made in regard to the City's lack of advanced planning, for the past 20 years, 15% of the City's General Fund has been set aside for infrastructure which averages approximately $3 million per year. He stated that most recently the final master plan has shown that there are $330 million in infrastructure needs, which equates to 11 years worth of City General Fund monies. There is $60 million available for infrastructure, however, there is $330 million of infrastructure needs within the next 20 years. The Assistant City Manager/Director of Finance and Administrative Services stated that the proposed rate increase is a supplement to the City's General Fund. He assured that staff has planned and been proactive for the long-term needs. The Director of Public Works/City Engineer stated that adequate funding must be available in order to move forward with the capital planning. He commented that videotaping included use of the van and the expertise of the Engineering staff to review the videotapes. The Director of Public Works/City Engineer stated that an official notice of public hearing along with an informational brochure was distributed appropriately. He commented on the letter from Warland Investments Company in that the correct amounts for storm drains and sewer capital improvements should be $6.1 million and $2.1 million, respectively. The Assistant City Attorney stated that a petition can be used as a protest. Mayor Pro Tem Narain asked for information on subsidizing the sewer rate. The Director of Public Works/City Engineer stated that subsiding the sewer rate would mean that it would not be treated as a utility and the General Fund would need to be decreased accordingly. Mayor Bailey asked about the feasibility of bonds and using City reserve funds. The Assistant City Manager/Director of Finance and Administrative Services stated that the City is looking at a huge infrastructure program and, if a revenue source is available at that time, there would be an opportunity to bond. He stated that, at this time, there is not a source to allow the City to issue revenue bonds. Mayor Bailey asked if capital improvement funds or reserves are being used at this time. The Assistant City Manager/Director of Finance and Administrative Services stated that last year $6 million was transferred from the City's General Fund into the sewer fund in anticipation of a revenue source. He stated that the City is attempting to fund the highest risk project. Mayor Bailey asked for clarification on the City's knowledge of the need for repair. The Director of Public Works/City Engineer stated that in 2002 the extent and scope of the needed sewer repairs was not completely known and over time that has been determined. He stated that in 2006 new permit requirements caused staff to come to realize the full extent of the needed sewer repairs. 4 366 CITY COUNCIL MINUTES JULY 13, 2009 Council Member Luebben stated that Cypress residents have had the benefit of extremely low sewer fees and are now being faced with increased fees, with the likelihood of other utility increases, as well. He stated that as a responsible Council Member and as a responsible citizen, he needs to pay this fee in order to avoid sewer problems in the City. Council Member Luebben commented that Cypress' rates are lower than many surrounding cities' fees and that he is in support of this item. Mayor Pro Tern Narain thanked staff for the informative presentation and the public who spoke during the public hearing process. He stated that he would be in favor of a graduating fee increase over a three-year period. Mayor Bailey suggested that the rate increases not be implemented until 2010 with the City fronting the first year of funding with General Reserve monies. Council Member Seymore commented that this matter goes further back than the former City Council Members who spoke tonight and that, considering the current economic concerns, now is a prime time for public works projects that will create jobs in Cypress and stimulate the economy. He stated that this rate increase is a fee and not a tax. Council Member Mills commented on the circulation of money associated with the project such as employment, lodging, vehicle operations, and maintenance. He stated that with the current health and status of the City's infrastructure system, the point of inconvenience can be chosen by undertaking this program prior to a system failure. He stated that he appreciates the public's comments and is supportive of continuing this item until August 2009 in order to allow staff to work on options to the shock of the one step. It was moved by Mayor Pro Tem Narain and seconded by Mayor Bailey, that the City Council: 1) Introduce for first reading the Ordinance by title only, amending Sections 22- 1, 22-3, and 22-7 of the Cypress Municipal Code relating to sewers and sewage disposal charges; and 2) Adopt the Resolution by title only, adjusting sewer service rates established by Municipal Code Chapter 22-1, as amended. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 22-1, 22-3, AND 22-7 OF THE CODE OF THE CITY OF CYPRESS RELATING TO SEWERS AND SEWAGE DISPOSAL CHARGES. RESOLUTION NO. 6151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADJUSTING SEWER SERVICE RATES ESTABLISHED BY MUNICIPAL CODE CHAPTER 22-1. The meeting was recessed at 9:49 p.m. The meeting was reconvened at 9:52 p.m. Item No. 2: PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2009-10. CITY OF CYPRESS PROJECT NO. 8615-90. The Director of Public Works/City Engineer provided background information on this item. 5 357 CITY COUNCIL MINUTES JULY 13, 2009 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 Luebben and seconded by Council Member Seymore, that the City Council hold the required public hearing and adopt the Resolution by title only, ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2009-10, pursuant to the Landscaping and Lighting Act of 1972. 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. 6152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2009-10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. 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 Luebben and seconded by Council Member Seymore, to approve Consent Calendar Items No. 3 through 12. 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. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 22, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of June 22, 2009, as submitted. Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: SECOND READING OF ORDINANCE AMENDING SPEED LIMITS AT VARIOUS LOCATIONS. Recommendation: That the City Council adopt the Ordinance by title only, amending Chapter 16, Article XV, of the Code of the City of Cypress modifying the various speed limits at various locations. 6 358 CITY COUNCIL MINUTES JULY 13, 2009 ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 16, ARTICLE XV, OF THE CODE OF THE CITY OF CYPRESS MODIFYING SPEED LIMITS AT VARIOUS LOCATIONS. Item No. 6 PROCLAMATION COMMENDING OXFORD ACADEMY'S BOYS BASEBALL TEAM FOR WINNING THE CIF DIVISION VI CHAMPIONSHIP. Recommendation: That the Mayor and City Council recognize Oxford Academy's Boys Baseball team for winning the CIF Division VI Championship. Item No. 7 CONFIRMATION OF APPOINTMENT TO FILL VACANCY ON THE SENIOR CITIZENS COMMISSION. Recommendation: That the City Council confirm the appointment of Charles Mealey to fill the vacancy on the Senior Citizens Commission. Item No. 8 SUPPORT FOR AB 715 RELATED TO PUBLISHING AND POSTING REQUIREMENTS OF CITY AND COUNTY ORDINANCES. Recommendation: That the City Council support AB 715, as amended, relating to publishing and posting requirements of city and county ordinances. Item No. 9 APPROPRIATION OF FUNDS TO REPLACE DETECTIVE BUREAU FURNITURE. Recommendation: That the City Council: 1) Appropriate $30,000 from the City's Capital Replacement Fund to Account No. 721-95400.4307_900 (Furniture - Police Department) for the purchase of office furniture to complete the Police Department's Detective Bureau renovation, and decrease the appropriation in the City's Capital Projects Fund by $30,000 to Account No. 415-80600-8061.4186; and 2) Approve the transfer of $30,000 from the City's Capital Projects Fund (415-99999.4501_721) to the City's Capital Replacement Fund (721-99999.3901_415); and 3) Find that using U.S. Communities Government Purchasing Alliance cooperative purchasing agreement for the purchase of the office furniture will satisfy the City's bid process City Code Section 21A-10(e), and award a contract to purchase the office furniture from WorkPlace Resource, 3200 Bristol Street, Costa Mesa, California 92626, in the amount of $30,000. Item No. 10 ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) DRIVING UNDER THE INFLUENCE GRANT. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (114-50183.3525 Grants - Miscellaneous) in the General Grants Fund for FY 2009-2010 for the grant total of $130,760; and 3) Approve the following appropriations in the General Grants Fund and Equipment Replacement Fund as follows: 114-50183.4003_014 (Overtime) $101,760 720-95300.4305 (Equipment) 25,000 114-50183.4206 (Travel Expenses) 1,500 114-50183.4103004 (Educational Supplies) 2,500 And 4) Approve the transfer of $25,000 from the General Grants Fund (114- 99999.4501_720) to the Equipment Replacement Fund (721-99999.3901_114). Item No. 11: AWARD OF CONTRACT FOR CITYWIDE REPLACEMENT OF COMPUTER MONITORS. Recommendation: That the City Council approve an award of contract for 165 computer monitors to CDW Government, Inc., 230 North Milwaukee Avenue, Vernon Hills, IL 60061, for an amount not to exceed $28,889.44. 7 359 CITY COUNCIL MINUTES JULY 13, 2009 Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 91685 THROUGH 92047. Recommendation: That the City Council 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. Jennifer Dagarag, Cypress, spoke regarding Agenda Item No. 1. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Bailey requested reports from the Council Members on their respective committee assignments. Council Member Mills: Attended an OCCOG Board of Directors meeting. Attended the five-City Chamber of Commerce mixer at the Old Ranch Country Club. Attended SCAG Regional Council and Transportation Committee meetings. Attended the retirement events for Brigadier General Combs and the 4th of July celebration at the Joint Forces Training Base. Attended a Strategic Planning meeting. Attended a reception for Assemblyman Jim Silva and Senator Jeff Denham. Attended the Cypress Pops Orchestra Concert-on-the- Green. Council Member Sevmore: Attended an O.C. Fire Authority Board meeting. Attended former Cypress resident Nick Eighmy's memorial at the Old Ranch County Club. Attended the barbecue for outgoing Fire Chief Chip Prather. Attended the Academy 36 graduation of new firefighters. Attended the retirement events for Brigadier General Combs and the 4th of July celebration at the Joint Forces Training Base. Attended the League of California Cities O.C. Division meeting. Mayor Bailey: Stated that the City hosted a District 29 All-Star Little League tournament. Met with Congressman Ed Royce regarding the Joint Forces Training Base and land usage. Attended the 4th of July celebration at the Joint Forces Training Base. Mayor Pro Tern Narain: Attended the retirement events for Brigadier General Combs and the 4th of July celebration at the Joint Forces Training Base. Attended an AGENT meeting for small businesses in Cypress. Attended an Orange County Fair preview. Attended a reception hosted by Orange County Supervisor John Moorlach. Attended the Cypress Pops Orchestra Concert-on-the-Green. 8 360 CITY COUNCIL MINUTES JULY 13, 2009 Council Member Luebben: Attended an O.C. Sanitation District Steering Committee and Board meeting. Attended a youth swim meet in La Mirada. Attended a SCAG Energy and Environment Committee meeting. Recognized newly appointed Senior Citizens Commissioner Charles Mealey. ITEMS FROM CITY MANAGER: The City Manager recognized Chief Yokoyama for managing the reduction in Police overtime due to budget cuts. Displayed the Toyo Tires publication which depicts a photo with Mayor Bailey and staff. Discussed the AGENT meeting that is dedicated to improving small businesses in Cypress. Announced that Empire Warehousing has chosen Cypress to be their headquarters location. ADJOURNMENT: Mayor Bailey adjourned the meeting at 10:09 p.m. to Monday, July 27, 2009, beginning at 5:30 p.m. in the Executive Board Room. M TH Ell~ T YPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9