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Minutes 2010-01-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11, 2010 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey 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 ORAL COMMUNICATIONS: None. WORKSHOP SESSION: 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 stated that an item needed to be added to the Closed Session agenda because, subsequent to the posting of the agenda, all parties to the legal proceedings were ordered to participate in a settlement conference, and the same will be held tomorrow. Under court rules, the City is required to make a good faith offer to settle during the conference, and legal counsel will seek settlement authority from the Council in the added Closed Session. The item to be added is 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 30 -2008- 00103466, Orange County Superior Court. It was moved by Council Member Luebben and seconded by Council Member Seymore, that a Closed Session regarding Conference with Legal Council Existing Litigation, pursuant to Government Code Section 54956.9(a); Blythe v. North Orange County Community College District, et al., Case Number 30- 2008 001 -3466, Orange County Superior Court, be added to the agenda as an urgency item. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None At 6:33 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 Narain. 429 430 CITY COUNCIL MINUTES Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey CounciVAgency 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 Gonzalo Vazquez Associate Planner Kori Nevarez Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Narain. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Jackie Andrade, Destina Seaking, and Bethany Torres, Olive Garden Restaurant in Cypress, made a presentation regarding organic waste. The Chief of Police introduced new Cypress Police Officer Brook Marshall. 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 briefing was provided and an ongoing litigation strategy was recommended, which was unanimously approved by the City Council. 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 30- 2008 00103466, Orange County Superior Court. The City Attorney stated that a privileged and confidential briefing was provided and an ongoing litigation strategy was recommended, which was unanimously approved by the City Council. 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 Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Dr. Mike Kasler, Cypress College, spoke regarding the Americana Awards banquet that will be held on February 20, 2010 at the Disneyland Hotel. 2 JANUARY 11, 2010 CITY COUNCIL MINUTES JANUARY 11, 2010 Tim Keenan, Cypress Chamber of Commerce, spoke regarding upcoming events and activities. 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 CONDITIONAL USE PERMIT NO. 2008 -03 AND VARIANCE NO. 2009 -02, A REQUEST TO CONSTRUCT AN ADDITION WITH A REDUCED SIDE YARD SETBACK ON AN EXISTING PUMP STATION BUILDING LOCATED AT 4363 BALL ROAD IN THE PS PUBLIC AND SEMI PUBLIC ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Bailey asked about the access driveway on the property. Mr. Wilfried Niemann, County of Orange, stated that there is a maintenance access road which should provide enough room for emergency vehicles. The public hearing was opened. Mayor Narain asked if there was anyone who wished to speak in favor of the item. Mayor Narain 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 Mayor Pro Tem Bailey, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2008 -03, subject to the conditions attached in Exhibit "A" of the Resolution, and Variance No. 2009 -02. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSENT CALENDAR: RESOLUTION NO. 6173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2008-03 WITH CONDITIONS. RESOLUTION NO. 6174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 2.08.040.A, TABLE 2 -16 TO ALLOW A TWELVE -FOOT (12') SIDE YARD SETBACK INSTEAD OF THE REQUIRED TWENTY -FIVE FEET (25'). 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 Seymore and seconded by Mayor Pro Tem Bailey, to approve Consent Calendar Items No. 2 through 18. 3 4 CITY COUNCIL MINUTES The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF DECEMBER 14, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of December 14, 2009, as submitted. 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: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2009- 04, A CITY INITIATED ACTION TO MODIFY THE DENSITY BONUS SECTION OF THE CYPRESS ZONING ORDINANCE (SECTIONS 3.12.020 THROUGH 3.12.070) TO COMPLY WITH CURRENT STATE REQUIREMENTS. Recommendation: That the Mayor and City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2009 -04. ORDINANCE NO. 1115 RESOLUTION NO. 6175 JANUARY 11, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE, APPENDIX I ZONING, SECTIONS 3.12.020 THROUGH 3.12.070 RELATING TO DENSITY BONUS PROVISIONS TO BE CONSISTENT WITH CURRENT STATE REQUIREMENTS. Item No. 5: ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO DENY, COMPROMISE OR SETTLE CERTAIN LIABILITY, WORKER'S COMPENSATION, AND PERSONNEL CLAIMS AND ACTIONS AGAINST THE CITY AND BY THE CITY AGAINST THIRD PARTIES NOT TO EXCEED SPECIFIED AMOUNTS. Recommendation: That the City Council adopt the Resolution by title only, authorizing the City Manager of the City of Cypress, or the City Manager's authorized designee, to deny, compromise or settle certain liability, worker's compensation, and personnel claims and actions against the City and by the City against third parties not to exceed specified amounts. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE CITY MANAGER OF THE CITY OF CYPRESS, OR THE CITY MANAGER'S AUTHORIZED DESIGNEE, TO DENY, COMPROMISE OR SETTLE CERTAIN LIABILITY, WORKER'S COMPENSATION, AND PERSONNEL CLAIMS AND ACTIONS AGAINST THE CITY OF CYPRESS AND BY THE CITY AGAINST THIRD PARTIES NOT TO EXCEED SPECIFIED AMOUNTS. Item No. 6: DESIGN REVIEW COMMITTEE PERMIT NO. 2009 -06, A REQUEST TO CONSTRUCT A 6,000 SQUARE FOOT MEDICAL OFFICE BUILDING ON THE PROPERTY LOCATED AT 5001 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2009 -06, subject to the conditions in Exhibit "A" of the Resolution. 4 CITY COUNCIL MINUTES RESOLUTION NO. 6176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-06 WITH CONDITIONS. JANUARY 11, 2010 Item No. 7: TRANSFER FUNDS FOR PURCHASE OF A DOCUMENT SCANNER FOR THE POLICE RECORDS BUREAU. Recommendation: That the City Council: 1) Approve the appropriation of $5,700 to the City's Equipment Replacement Fund (721- 95300.4305_200); and 2) Transfer funds from the Narcotic Asset Seizure Fund (281- 99999.4501_721) to the Equipment Replacement Fund (721-99999.3901_281) for the purchase of a document scanner for the Police Records Bureau. Item No. 8: APPROPRIATION OF FUNDS FOR THE PURCHASE OF A REPLACEMENT DIGITAL IMAGINING MANAGEMENT SYSTEM (DIMS) COMPUTER. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21 -A10C, D, and F, since the Digital Imaging Management System is a proprietary product and Linear Systems is the sole source vendor; and 2) Appropriate $5,811 to account number 721- 95200.4305_300 (Capital Outlay Computer Hardware /Software) from the Equipment Replacement Fund (90) fund balance, for the purchase of one (1) new Digital Imaging Management System computer system. Item No. 9: FUNDING OF NEW CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM FOR THE POLICE DEPARTMENT UTILIZING THE NARCOTIC ASSET FORFEITURE FUND. Recommendation: That the City Council: 1) Approve the increase in appropriations in the Capital Improvement Projects Fund by $199,704 to account number 415- 80600- 8061.4186 (Public Facility Project, Public Works Contracts) for the purchase and installation of a replacement Closed Circuit Television system; and 2) Approve the transfer of $199,704 from the Narcotics Asset Seizure Fund (281- 99999.4501_415) to the City's Capital Improvement Fund (415- 99999.3901_281). Item No. 10: APPROPRIATION OF NARCOTIC ASSET SEIZURE FUNDS FOR POLICE DEPARTMENT PURCHASES. Recommendation: That the City Council: 1) Approve the appropriation of $15,000 from the fund balance of the Narcotic Asset Seizure Fund to the Equipment Rental Account (281- 50179.4215) for Rental Vehicles; and 2) Approve the listed appropriations from the fund balance of the Narcotic Asset Seizure Fund: $5,000 for Transcription Services to 281 50179.4187_022 (Narcotic Asset Seizure Fund Contract Services Private Other Police Contracts), $2,500 for MDC Software Upgrade to 281 50179.4116 (Narcotic Asset Seizure Fund Computer Hardware /Software), $5,000 for Portable Radio Batteries to 281 50179.4113 (Narcotic Asset Seizure Fund Small Tools and Equipment, and $10,000 for miscellaneous and future unanticipated expenses to 281- 50179.4103_004 (Narcotic Asset Seizure Fund Supplies Special Activity). Item No. 11: APPROVAL OF SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND JOHN B. BAHORSKI. Recommendation: That the City Council approve the Second Amendment to City Manager Employment Agreement Between the City of Cypress and John B. Bahorski. Item No. 12: ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30.2009. Recommendation: That the City Council receive and file the Auditor's Letter to City Council. 5 4 4 CITY COUNCIL MINUTES JANUARY 11, 2010 Item No. 13: ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Recommendation: That the City Council receive and file the report on Agreed -Upon Procedures Applied to the City of Cypress' Item No. 14: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2009. Recommendation: That the City Council receive and file the report. Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2009. Recommendation: That the City Council receive and file the Investment Report for the month of November, 2009. Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 11575 THROUGH 11979. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. Recreation Park District Matters: Item No. 17: ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICTS APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed -Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the Fiscal Year Ending June 30, 2010. Item No. 18: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2009. Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report. NEW BUSINESS: No items. END OF CONSENT CALENDAR 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 Seymore and seconded by Agency Chair Narain, that the Redevelopment Agency approve Consent Calendar Item No. 19. 6 CITY COUNCIL MINUTES The motion was unanimously carried by the following roll call vote: JANUARY 11, 2010 AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Item No. 19: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30. 2009. Recommendation: That the Cypress Redevelopment Agency Board receive and file the report. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Narain requested reports from the Council Members on their respective committee assignments. Council Member Mills: Attended an Open House hosted by Orange County Supervisor Moorlach. Attended a ribbon cutting ceremony at a new 7- Eleven Store. Attended a meet and greet luncheon with Steve Bryson, CEO, Global Electronic Technology. Attended a two -day inspection trip of the Colorado River aqueduct system with Orange County Supervisor Silva. Attended a planning meeting for the League of California Cities meeting. Stated that the Navy Golf Course is paving the parking lot of their facility. Mayor Narain: Attended an O.C. Library Advisory Board meeting. Attended an open house for a family medicine medical unit on Walker Street and Cerritos Avenue. Attended a charity softball tournament. Attended an Eagle Scout awards ceremony. Attended a BRACE meeting at Intelli -Flex. Mayor Pro Tem Bailey: Met with the Mayors of Los Alamitos, Garden Grove, and Seal Beach to discuss issues at the Joint Forces Training Base. Reminded the public of a fundraiser on February 27, 2010 for Hunter Herrick to assist with his medical expenses. Council Member Luebben: Attended an O.C. Sanitation District Steering and Board of Directors meeting. Attended a SCAG Energy and Environment Committee meeting. Stated that he was appointed as chairman of the O.C. Sanitation District Finance and Administration Committee. ITEMS FROM CITY MANAGER: The City Manager indicated that a mayors meeting was held regarding the Joint Forces Training Base and that the Rossmoor Community Services District has been added to the group. The City Manager stated that the State's current budget deficit is approximately $20 billion, however, it does not appear that there will be a direct impact on cities. The City Manager reported that the City Hall emergency generator project is nearing completion. He also reported that the O.C. Fire Authority is addressing budget issues. 7 435 4a6 CITY COUNCIL MINUTES JANUARY 11, 2010 ADJOURNMENT: Mayor Narain adjourned the meeting at 7:42 p.m. to Monday, January 25, 2010, beginning at 5:30 p.m. in the Executiv oard Room. ATTEST: /Ot CITY CLERK OF THE CITY OF CYPRESS 8 MAYOR OF THE CITY OF CYPRESS