Loading...
Minutes 2010-01-25ORAL COMMUNICATIONS: None. WORKSHOP SESSION: MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 25, 2010 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Narain in the Executive Board Room, 5275 Orange Avenue, Cypress, California. 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 CounciVAgency 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 Police Lieutenant Jeff Kepley Assistant Director of Finance and Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Water Quality Manager Gonzo Vazquez Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Human Resources Manager Cathy Thompson Administrative Services Manager Andrew Tse City Clerk Denise Basham The Assistant City Manager /Director of Finance and Administrative Services presented a mid -year budget review for Fiscal Year 2009 -2010. He stated that due to Proposition 1A State borrowing and the economic decline, the City's revenues are down $2.2 million. The Assistant City Manager /Director of Finance and Administrative Services indicated that seven to eight positions have been frozen in addition to the nine that were initially frozen in the budget, which equates to an approximate $420,000 savings to the City. Council Member Luebben asked about the $50,000 in costs. The Assistant City Manager /Director of Finance and Administrative Services responded that the unforeseen costs include medical expenses for employees, contracting for certain police services, and the tax administrative charge from the County of Orange. The Assistant City Manager /Director of Finance and Administrative Services stated that he is requesting that the City Council approve the changes in the estimated revenues, reducing the revenues for budgetary purposes. 437 438 CITY COUNCIL MINUTES JANUARY 25, 2010 The Assistant City Manager /Director of Finance and Administrative Services stated that the City General Fund expenses are within budget. He indicated that the June 30, 2010 fund balance will include a $6 million contingency and $6.25 million for Capital Projects. He stated that there is a potential for a $1.8 million shift from the Redevelopment Agency to the state under the supplemental Educational Relief Augmentation Fund (ERAF). The Assistant City Manager /Director of Finance and Administrative Services stated that the projected mid -year General Fund Unreserved Fund balance for the Cypress Recreation and Park District is $4.6 million. He stated that the Recreation and Park District is spending within its budget. The Assistant City Manager /Director of Finance and Administrative Services indicated that the Redevelopment Agency has approximately $46 million in debt, with $42 million of that to the City. He stated that there is approximately $23 million in land assets held for resale which include the Lincoln Avenue Land Property and the Race Track. Council Member Luebben asked about the ERAF shifts and if the pass- though payments have to be paid in full. The Assistant City Manager /Director of Finance and Administrative Services responded that the pass- through payments must be paid in full. The Assistant City Manager /Director of Finance and Administrative Services stated that it is expected that the General Fund Revenues for Fiscal Year 2010 -2011 will increase 4.2% over the estimates. He stated that the Transient Occupancy Tax is expected to decrease in Fiscal Year 2010 -2011. The Assistant City Manager /Director of Finance and Administrative Services indicated that the employee benefits fund will remain fully funded including retiree health costs which is approaching $5 million. Mayor Narain asked if the retiree health costs is paid on an annual basis. The Assistant City Manager /Director of Finance and Administrative Services responded that the retiree health costs is money set aside with the present value being $5 million. The Public Works Director stated that there is $20 million of unavailable funding for storm drain improvements due to the lack of favorable property acquisition. He stated that with the approval of the sewer rate adjustment by City Council, approximately $2 million per year has been provided for sewer projects. He indicated that at the end of the seven -year cycle, 71 out of 198 line segments with condition deficiencies will be upsized, repaired, and improved. The Public Works Director stated that by the end of Fiscal Year 2015 -2016, the original $43 million in identified sewer deficiencies will be decreased to $21 million. The Assistant City Manager /Director of Finance and Administrative Services stated that services and /or programs will not be added, vacant positions will be eliminated, and replacement funds will be used in order to maintain infrastructure projects. He stated that it would cost the City approximately $1.3 million annually to bring frozen positions back. Mayor Narain asked if eliminating frozen positions would have an impact on City operations. The Assistant City Manager /Director of Finance and Administrative Services replied that there may be an operational impact by the elimination of some positions, however, most positions have been vacant for more than one year. The City Manager stated that it could be a long time before the eliminated positions are brought back. CITY COUNCIL MINUTES JANUARY 25, 2010 Council Member Mills expressed disagreement with the elimination of three Police positions, stating that SB18 becomes effective today with the release of inmates back into the Los Angeles and Orange County communities creating an increased risk to public safety. The Assistant City Manager /Director of Finance and Administrative Services clarified that none of the positions recommended for elimination are sworn positions. He stated that the Police Department has grown to be 58% of the City's operating budget. Mayor Pro Tem Bailey asked what Police Department positions are being recommended for elimination and asked about the feasibility of contracting out for the positions in the future. The Assistant City Manager /Director of Finance and Administrative Services responded that the three Police Department positions recommended for elimination are Evidence Technician, full -time Police Services Officer, and part-time Police Services Officer. He stated that all three positions are currently vacant. The City Manager responded that contracting out for the positions would not be feasible. Council Member Seymore commented that the positions can be filled at a later time should there be an increase in crime. Mayor Narain asked if the City is being proactive in monitoring a potential increase in crime. The City Manager replied that the Chief of Police would alert him of a crime increase and he would then decide if the need for additional Police Officers is warranted. Council Member Luebben stated that he is appreciative of Council Member Mills' concerns, however, the eliminated positions can be reconsidered in the future. He stated that the Police Department is a significant portion of the City's budget, and he is in favor of the position eliminations recommended. Council Member Luebben further commented that he has confidence in the Police Chief to monitor the City's crime rate and safety. Council Member Mills stated for the record that his comments and analysis were not motivated by him being up for reelection this year. He stated that public safety is at risk with criminals being released back out into society. Mayor Pro Tem Bailey stated that he feels that it is not a fair assumption that vacant Police Services Officer positions and a vacant Police Lieutenant position put the community at a safety risk. It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council: 1) Receive and file the Fiscal Year 2009 -2010 Mid -Year Budget Review report; and 2) Approve the mid -year budget adjustments for Fiscal Year 2009 -2010. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Bailey and Narain NOES: 1 COUNCIL MEMBERS: Mills ABSENT: 0 COUNCIL MEMBERS: 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); Blythe v. North Orange County Community College District, et al., Case Number 30- 2008 00103466, Orange County Superior Court. 440 CITY COUNCIL MINUTES JANUARY 25, 2010 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 30- 2009 00118968, Orange County Superior Court. The City Attorney reported that the City Council would not be meeting in Closed Session regarding Conference with Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a); Yates v. City of Cypress; Case Number 30- 2009- 00118477, Orange County Superior Court. At 6:35 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. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem /Agency Vice Chair Doug Bailey CounciVAgency Board Member Phil Luebben CounciVAgency Board Member Leroy Mills CounciVAgency 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 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: Battalion Chief Leonard, Orange County Fire Authority, presented a lifesaving certificate to Cypress resident Cathryn Schlieper. 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 City Council held a workshop on the mid -year budget review for Fiscal Year 2009 -2010. He stated that the City is facing problems including the general condition of the economy, state take backs, and pension obligations. The City Manager stated that City Council and staff must be adaptable and creative in addressing these issues while still providing customer service to the public. He assured that the City will maintain its fiscal stability. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. 4 CITY COUNCIL MINUTES 4s4 d I JANUARY 25, 2010 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 the City Council was advised that the court ordered mandatory settlement conference has commenced. At the conclusion of the first day of the settlement conference, the Superior Court ordered that one member of the City Council attend the mandatory settlement conference along with the Chief of Police and the City Attorney's Office to participate in the settlement negotiations. The City Council has designated Council Member Luebben to perform that function. 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- 2009 00118968, Orange County Superior Court. The City Attorney stated that the City Council was advised that the court ordered mandatory settlement conference has commenced. At the conclusion of the first day of the settlement conference, the Superior Court ordered that one member of the City Council attend the mandatory settlement conference along with the Chief of Police and the City Attorney's Office to participate in the settlement negotiations. The City Council has designated Council Member Luebben to perform that function. The City Attorney reported that the Closed Session regarding Conference with Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a); Yates v. City of Cypress; Case Number 30- 2009 00118477, Orange County Superior Court, was not held. 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. None. 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. 2009 -06, A REQUEST TO CONSTRUCT A FIELD -LIGHT DESIGN ANTENNA FACILITY LOCATED AT 4351 ORANGE AVENUE IN THE PS PUBLIC AND SEMI- PUBLIC ZONE The Associate Planner provided background information on this item. Mayor Pro Tem Bailey asked if this would be an additional light standard and the direction of the lighting. The Associate Planner stated that the light will be focused down towards the southeast. Council Member Luebben asked if the lights will be identical to those already installed. The Associate Planner responded that the design will be the same exterior design with the best available technology in regard to wattage. The public hearing was opened. The applicant, Ed Gallo, discussed the location of the light and agreed to comply with the conditions of approval. Council Member Luebben asked if additional installations are anticipated in the near future. 5 a 2 CITY COUNCIL MINUTES Mr. Gallo responded that there is one installation planned at La Baron Plaza on Bali Road. 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 Council Member Luebben, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2009 -06, subject to the conditions attached in Exhibit "A" of the Resolution. 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2009-06 WITH CONDITIONS. CONSENT CALENDAR: RESOLUTION NO. 6177 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 Council Member Mills, to approve Consent Calendar Items No. 2 through 8. The motion was unanimously carried by the following roll call vote: JANUARY 25, 2010 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 JANUARY 11, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of January 11, 2010, 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: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2009/10 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2009 -08. Recommendation: That the City Council approve the plans and specifications for the 2009/10 Slurry Seal Project, Public Works Project No. 2009 -08. Item No. 5: APPROVAL OF TASK ORDER WITHIN THE EXISTING ON -CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2010 -01. Recommendation: That the City Council: 1) Approve a Task Order in the amount of $118,441 for Design Services for Sewer Rehabilitation at Various Locations, Public Works Project No. 2010 -01, to AKM Consulting Engineers, Irvine, California; and 2) 6 CITY COUNCIL MINUTES JANUARY 25, 2010 Authorize $17,800 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works /City Engineer to act as Contract Officer. Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2009. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2009. Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 11980 THROUGH 12103. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. Recreation Park District Matters: Item No. 8: APPROVAL OF FUND APPROPRIATIONS AND TRANSFERS RELATED TO PARK DEVELOPMENT FUNDS AND NECESSARY PARK IMPROVEMENTS. Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District: 1) Approve an appropriation of funds in the amount of $392,500 from the District's General Fund Park Improvements Program (212- 80700 8071.4186); and 2) Approve the transfer of $392,500 out of the District's Park Development Fund (213- 99999.4501_212) into the District's General Fund (212- 9999.3901 _213). No items. END OF CONSENT CALENDAR NEW BUSINESS: No items. RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Goveming Board of Directors. 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 Narain requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended the Long Beach State of the City. Attended a youth pentathlon swim meet in Long Beach. Mayor Pro Tem Bailey: Attended a Mayors meeting regarding the Joint Forces Training Base. Attended an O.C. Vector Control Board meeting. 7 4 444 CITY COUNCIL MINUTES Mayor Narain: JANUARY 25, 2010 Attended the Cypress Chamber of Commerce Networking breakfast. Attended the O.C. Division League of California Cities meeting. Attended the retirement dinner for Cypress Police Sergeant Mark Parker. Attended a Mayors meeting regarding the Joint Forces Training Base. Attended the Los Alamitos Chamber of Commerce Installation luncheon. Council Member Sevmore: Attended O.C. Fire Authority Deputy Chief Mclntosh's farewell luncheon. Attended the retirement dinner for Cypress Police Sergeant Mark Parker. Attended an O.C. Fire Authority reserve graduation ceremony. Council Member Mills: Discussed the press releases he has received regarding the Joint Forces Training Base including funding for Runway #22 Left and flight traffic over surrounding cities. Reported that the parking lot paving is completed at the Navy Golf Course and plexi- glass has been installed to assist with noise reduction. Attended a Legislative Committee meeting at the Joint Forces Training Base. Attended the Los Alamitos Chamber of Commerce Installation luncheon. ITEMS FROM CITY MANAGER: The City Manager stated that the State of the City Luncheon will be held on January 27, 2010 at the Community Center. The City Manager thanked the Public Works Department and Police Department for their response to the recent rains and flooding. He also thanked Assistant City Manager /Director of Finance and Administrative Services Richard Storey and his staff for their preparation of the mid -year budget review. The City Manager stated that the cities are working on finding a solution at the Joint Forces Training Base and that responses to the composting letters sent to the Secretary of the Army have not yet been received. ADJOURNMENT: Mayor Narain adjourned the meeting at 7:38 p.m. to Monday, February 8, 2010, beginning at 5:30 p.m. in the Execut oard Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8 1■S'rvn N4i► MAYOR OF THE CITY OF CYPRESS