Minutes 2009-09-28MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 28, 2009
A regular meeting of the Cypress City Council was called to order at 6:00 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
City Attorney William Wynder
Director of Community Development Ted Commerdinger
Redevelopment/Economic Development Manager Bill Manis
Redevelopment Project Manager Steve Clarke
ORAL COMMUNICATIONS:
None.
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); Quinonez v. City of Cypress, Case Number 30- 2009 00122421,
Orange County Superior Court.
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 00103466, Orange County Superior Court.
The City Attorney reported that the Cypress Redevelopment Agency would be meeting in
Closed Session regarding Conference with Real Property Negotiators, pursuant to
Government Code Section 54956.8); Real Property Identified by APN Numbers, 134 -011-
43 45, Located at 6122 Lincoln Avenue; Negotiating Party: Executive Director, Deputy
Executive Director, Redevelopment/Economic Development Manager, and
Redevelopment Project Manager; Under Negotiation: Price and Terms of Payment.
At 6:02 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 7:13 p.m. by
Mayor Bailey.
Mayor Bailey stated that due to technical difficulties, the items on the agenda would be
taken in reverse order.
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
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Recreation and Community Services Director June Liu
Police Captain Jackie Gomez Whiteley
Assistant City Engineer Kamran Dadbeh
Assistant Planner Judy Aquino
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Narain.
INVOCATION: The invocation was given by City Attorney Wynder.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective committee
assignments.
Council Member Mills:
Appointed to the League of California Cities Orange County Division Advocacy
Committee. Attended the 45 class reunion at West Point. Attended the Cypress
Community Festival Volunteer Recognition Dinner. Attended the Warland Tenant
Appreciation mixer. Attended the Legislative Committee meeting. Attended the Woman's
Club of Cypress Veterans Appreciation Barbecue. Stated that Governor Schwarzenegger
signed AB 717 which designates March 30 as Welcome Home Vietnam Veterans Day.
Attended a SCAG Strategic Planning Committee meeting and new members orientation
program. Attended a Regional Military Affairs Committee meeting. Attended the Mayor
and Chamber luncheon. Attended AB 1234 ethics training. Attended an OCCOG Board
of Directors meeting.
Council Member Seymore:
Attended the Cypress Community Festival Volunteer Recognition Dinner. Attended the
Warland Tenant Appreciation mixer. Attended the Woman's Club of Cypress Veterans
Appreciation Barbecue. Attended an O.C. Fire Authority Executive Committee and Board
meeting.
Mayor Bailey:
Attended the Cypress Community Festival Volunteer Recognition Dinner. Attended a
BRACE visit at Mitsubishi Motors. Attended the Warland Tenant Appreciation mixer.
Attended the Woman's Club of Cypress Veterans Appreciation Barbecue. Attended the
Mayor and Chamber luncheon. Provided an interview with a Boy Scout for his community
service badge.
Mayor Pro Tem Narain:
Attended the Cypress Community Festival Volunteer Recognition Dinner. Attended the
Warland Tenant Appreciation mixer. Attended the Woman's Club of Cypress Veterans
Appreciation Barbecue. Attended a fundraiser and barbecue for Congressman Royce.
Council Member Luebben:
Attended an O.C. Sanitation District Steering Committee meeting. Attended an O.C.
Sanitation District Board meeting. Attended a SCAG Integrated Policy Task Force
meeting. Attended the League of California Cities Conference in San Jose.
ITEMS FROM CITY MANAGER:
The City Manager stated that a BRACE meeting tour of the Port of Long Beach will be
held on September 30. Stated that Kohl's will be opening on September 30. Participated
in a Role of the Police Chief panel.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting
as the Cypress Redevelopment Agency.
It was moved by Agency Member Seymore and seconded by Agency Member Mills, that
the Redevelopment Agency approve Consent Calendar Item No. 13.
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. 13: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2008 -09.
Recommendation: That the Cypress Redevelopment Agency Board approve additional
appropriations for Fiscal Year 2008 -09 as follows:
Additional Appropriation from the fund balance of the Civic Center Debt Service Fund to:
Account 4226 -52- 363 -15 (Property Tax Collection) $6,000
Additional Appropriation from the fund balance of the Lincoln Avenue Debt Service Fund
to:
Account 4275 -53- 364 -15 (Interest) $64,000
NEW BUSINESS:
No items.
RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the
Ex Officio Governing Board of Directors.
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 the Agenda.
It was moved by Mayor Pro Tem Narain and seconded by Council Member Seymore, to
approve Consent Calendar Items No. 2 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
SEPTEMBER 14, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 14, 2009, as submitted.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
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 OCTOBER 3 -10, 2009 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
October 3 -10, 2009 as "Fire Prevention Week" in the City of Cypress.
Item No. 5: AWARD OF CONSTRUCTION CONTRACT AND TASK ORDER FOR
CONSTRUCTION MANAGEMENT, INSPECTION, AND TESTING SERVICES FOR
SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT
NO. 2008 -10.
Recommendation: That the City Council: 1) Award a contract for Sewer Rehabilitation at
Various Locations, Public Works Project No. 2008 -10, in the amount of $455,633, to the
lowest responsible and most qualified bidder, Kana Pipeline, Inc., Placentia, California;
and 2) Authorize the Director of Public Works /City Engineer to negotiate a Supplemental
Agreement, per the Standard Specifications for Public Works Construction, for adding
additional work to the project, in an amount not to exceed $250,000; and 3) Authorize a
contingency of $105,800 (15% of Bid Amount plus the Supplemental Agreement), and
direct the Director of Public Works /City Engineer to issue any necessary change orders to
complete additional work within budgetary authority; and 4) Approve a Task Order for
Construction Management, Inspection, and Testing Services, in the amount of $67,664,
within the agreement for On -Call Construction Management/Inspection /Engineering
Services, for Sewer Rehabilitation at Various Locations, Public Works Project No. 2008-
10, to Jacobs Field Services North America, Inc. (Jacobs); and authorize a contingency of
$10,200 (15% of contract amount) to be used for unforeseen work; and direct the Director
of Public Works /City Engineer to act as Contract Officer.
Item No. 6: ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT DEPARTMENT'S 2009/10
TARGETED RUBBERIZED ASPHALT CONCRETE INCENTIVE GRANT PROGRAM.
Recommendation: That the City Council: 1) Accept grant funds in the amount of $78,120
from the California Integrated Waste Management Board's 2009/10 Targeted Rubberized
Asphalt Concrete Incentive Grant Program; and 2) Increase estimated grant revenues by
$78,120 in the Special Gas Tax 2106 Fund (Account No. 232 99999.3525); and 3) Approve
appropriation of $78,120 to Account No. 232 80100 8012.4186 for Arterial Street
Resurfacing.
Item No. 7: AWARD OF CONSTRUCTION CONTRACT, AWARD OF TASK ORDER
FOR CONSTRUCTION INSPECTION SERVICES, AND APPROVAL OF A JOINT
AGREEMENT WITH THE CITY OF BUENA PARK FOR THE 2009/10 OVERLAY
PROJECT, PUBLIC WORKS PROJECT NO. 2009 -07.
Recommendation: That the City Council: 1) Award a contract for the 2009/10 Overlay
Project, Public Works Project No. 2009 -07, in the amount of $543,091.31, to the lowest
responsible bidder Ortiz Asphalt Paving, Inc., Colton, California; authorize a contingency of
$81,464 (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;
and 2) Approve a Task Order for Construction Management and Inspection Services, in the
amount of $60,545, within the existing agreement for On -Call Construction
Management/Inspection /Engineering Services, for 2009/10 Overlay Project (Project No.
2009 -07), to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of
$9,082 (15% of contract amount) to be used for unforeseen work; and direct the Director of
Public Works /City Engineer to act as Contract Officer; and 3) Approve an agreement with
the City of Buena Park for sharing the cost of asphalt overlay improvements on Lincoln
Avenue and authorize the Mayor to execute the agreement.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
Item No. 8: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2008 -09.
Recommendation: That the City Council approve additional appropriations for Fiscal
Year 2008 -09 as follows:
Additional Appropriation from the unreserved, undesignated fund balance of the General
Fund to:
Account 4179 -11- 105 -01 (Legal Services)
Account 4226 -11- 152 -04 (Property Tax Collection)
Account 4001 -11- 163 -05 (Regular Salaries)
Account 4003 -11- 163 -05 (Overtime Police)
Account 4021 -11- 165 -05 (Temporary Salaries Police)
Account 4001 -11- 193 -06 (Regular Salaries)
Account 4006 -11- 193 -06 (Fringe Applied)
Account 4189 -11- 243 -06 (Inspection Services)
Account 4183 -11- 247 -06 (Plan Checking Contract)
Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to:
Account 4200 -25- 223 -07 (Electricity)
Additional Appropriation from the fund balance of the Storm Drain Maintenance Fund to:
Account 4001 -43- 281 -08 (Regular Salaries)
Account 4006 -43- 281 -08 (Fringe Applied)
Account 4021 -43- 281 -08 (Temporary Salaries)
$90,000
30,000
200,000
110,000
65,000
12,000
10,000
10,000
10,500
$120,000
$58,000
38,000
21,000
Additional Appropriations from the fund balance of the Business Park Assessment District
Debt Service Fund to:
Account 4189 -56- 369 -15 (Professional Services) $500
Item No. 9: APPROVAL OF FISCAL YEAR 2008 -09 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL
YEAR 2009 -10.
Recommendation: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2009 -10 for the carryover items as
detailed in Attachment A and summarized as follows:
11 General Fund
15 Capital Projects Fund
22 Gas Tax 2106 Fund
24 Traffic Mitigation Assessment Fund
26 Plan Local Drainage Facility Fund
27 Corporate Center Maintenance District
39 Measure M Gas Tax Fund
41 Sewer Fund
89 Print Shop /Information Systems Fund
90 Capital Replacement Fund
TOTAL
2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2009-
10 as listed below:
FROM
11 General Fund
11 General Fund
24 Traffic Mitigation Assmnt
12 Park District General Fund
TO
90 Capital Replacement
26 Plan Local Drain Fac.
39 Measure M Gas Tax
15 Capital Projects
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$412,101
1,919,646
17,014
546,642
4,496,830
5,241
350,946
1,454,659
94,587
129,245
$9,426,911
AMOUNT
$13,500
3,200,000
278,381
20,032
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
43 Storm Drainage Fund
39 Measure M Gas Tax
TOTAL
3. Authorize the continuation of the following grant revenue to support continuing
appropriations to Fiscal Year 2009 -10:
11 General Fund (3525 -11) $129,762
15 Capital Projects Fund (3525 -15) 800,000
22 Gas Tax 2106 Fund (3525 -22) 400,000
24 Traffic Mitigation Assessment Fund (3525 -24) 255,000
39 Measure M Gas Tax Fund (3525 -39) 244,585
TOTAL $1,829,347
4. Authorize the appropriation of funds in Fiscal Year 2009 -10 for items encumbered at
June 30, 2009 as detailed in Attachment B and summarized below:
11 General Fund $10,555
15 Capital Projects Fund 1,914,649
22 Gas Tax 2106 Fund 237,603
24 Traffic Mitigation Fund 446,259
26 Plan Local Drain Facility Fund 2,102,537
39 Measure M Gas Tax Fund 187,179
41 Sewer Fund 843,624
43 Storm Drainage Fund 4,046
90 Capital Replacement Fund 202,989
TOTAL $5,949,441
Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2009.
Recommendation: That the City Council receive and file the Investment Report for the
month of August, 2009.
Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 10422 THROUGH 10586.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2009 -10.
Recreation and Park District Matters:
26 Plan Local Drain Fac.
15 Capital Projects
1,514,956
78,517
$5,105,386
Item No. 12: APPROVAL OF FISCAL YEAR 2008 -09 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND
PARK DISTRICT TO FISCAL YEAR 2009 -10.
Recommendation: That the City Council, acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District:
1. Authorize the appropriation of funds in Fiscal Year 2009 -10 for items encumbered at
June 30, 2009 as detailed in Attachment A and summarized below:
12 General Fund $22,088
2. Authorize the appropriation of funds in Fiscal Year 2009 -10 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
12 General Fund $28,632
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2009 -10 as listed below:
FROM TO AMOUNT
12 General Fund 15 City CIP Fund $20,032
END OF CONSENT CALENDAR
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 REGARDING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2000 -16, A REQUEST TO INSTALL THREE (3) NEW PANEL ANTENNAS
AND REPLACE SIX (6) EXISTING PANEL ANTENNAS ON AN EXISTING FIFTY -FOOT
(50') HIGH MONOPINE STRUCTURE LOCATED AT 6024 CERRITOS AVENUE IN THE
CG COMMERCIAL GENERAL ZONE.
The Assistant Planner provided background information on this item.
Council Member Seymore asked if the height would remain 50 feet.
The applicant, Al Gamboa, Milestone Wireless representing Verizon Wireless, stated that
they concur with the conditions of approval but asked for clarification for Item No. 37.
The Assistant Planner responded that the conditions of approval for Item No. 37 typically
pertain to maintenance vehicles during non emergency situations.
Council Member Luebben asked if the appearance of the monopine will change.
Mr. Gamboa stated there should be no significant difference.
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.
Council Member Mills stated that he drove by the location prior to the meeting and had
concerns with excess water around the building. He was informed that staff will
investigate the standing water at the location.
It was moved by Council Member Luebben and seconded by Council Member Seymore,
that the City Council adopt the Resolution by title only, approving Amendment to
Conditional Use Permit No. 2000 -16, subject to the conditions in Exhibit "A" of the
Resolution, 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
RESOLUTION NO. 6166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2000 -16 WITH CONDITIONS.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2009
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, Cypress College, spoke regarding an upcoming theater production of
"Seussical the Musical."
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
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); Quinonez v. City of Cypress, Case Number 30- 2009 00122421,
Orange County Superior Court. The City Attorney stated that a privileged and confidential
report was provided. No reportable action was taken.
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 00103466, Orange County Superior Court. The City Attorney stated that a
privileged and confidential report was provided. He stated that the City's motion for
summary judgment against the plaintiffs on behalf of the City, the City's Police
Department, and its individual officers has been granted which will end the litigation so far
as the City is concerned. No reportable action was taken.
The City Attorney reported that the Cypress Redevelopment Agency met in Closed
Session regarding Conference with Real Property Negotiators, pursuant to Government
Code Section 54956.8); Real Property Identified by APN Numbers, 134 011 -43 45,
Located at 6122 Lincoln Avenue; Negotiating Party: Executive Director, Deputy Executive
Director, Redevelopment/Economic Development Manager, and Redevelopment Project
Manager; Under Negotiation: Price and Terms of Payment. No reportable action was
taken.
No other action was taken in Closed Session, nor was any solicited.
The meeting was recessed at 7:47 p.m.
The meeting reconvened at 7:51 p.m.
PRESENTATIONS:
Mayor Bailey stated that due to technical difficulties, the presentation on the Cypress
School District's school closure process, modernization of schools, and asset
management will be continued to the next City Council meeting.
Mayor Bailey presented a proclamation to Battalion Chief McCoy of the Orange County
Fire Authority proclaiming the week of October 3 -10, 2009 as "Fire Prevention Week" in
the City of Cypress.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:55 p.m. to Monday, October
12, 2009, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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