Loading...
Minutes 2010-03-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 8, 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, Califorrfia. 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 ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1); Title: City Clerk. 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 Narain. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey Council /Agency Board Member Phil Luebben CounciVAgency 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 Police Captain Ed Bish Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA "Wa Di Ta Ka Group." INVOCATION: The invocation was given by City Attorney Wynder. 459 460 CITY COUNCIL MINUTES PRESENTATIONS: The Chief of Police introduced new Cypress Police Officers Christopher Kim and Philip Lee. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: MARCH 8, 2010 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1); Title: City Clerk. 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. George O'Hara, 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 REGARDING A PROPOSED AMENDMENT TO CITY FEES FOR EXTRAORDINARY POLICE SERVICES FEE. The Police Captain provided background information on this item. Council Member Luebben inquired about the setting of the flat fee amount. The Police Captain stated that originally staff was recommending the $1,500 cap with the hourly rate. However, he clarified that the cost of a full shift of Police Officers, a Supervisor, and a Police Services Officer out on the scene the total cost in hours would collectively cost approximately $750 per hour. And, taking into consideration any damages, booking fees, incarceration fees, and feeding of prisoners, the costs would exceed the $1,000 cap. Mayor Pro Tem Bailey asked for elaboration on the responsible party who would be billed for police services. The Police Captain stated that discretion would be used for real time accountability. The City Attorney stated that the responsible party is the party whose actions either facilitate or actually result in a breach of the public health, safety, and general welfare, i.e., the host of the property, the property owner, or one or more party participants. He stated that all such responsible parties will first have to be given written warning that a further response may result in the imposition of response fees and those fees could be allocable to the owner of the property, the parent of a minor child who is hosting the party, and any rowdy participants on whom a written warning has been served who fails to change their behavior to comport with the requirements of the law. Council Member Seymore asked for clarification on the cap if there is a flat fee. The City Attorney responded that all responses after the first response are a second response. Council Member Mills asked if a flat fee would be easier to administer. 2 CITY COUNCIL MINUTES MARCH 8, 2010 The City Attorney responded that the policy issue for the City Council to consider is whether to save the Finance Department time, effort, and expense in calculating the actual cost of the event by issuing a single fee, recognizing that in any one instance the actual costs may not be fully recovered. He stated that if the goal is to recover the actual costs, then there should be an up- to- a- maximum fee for the actual costs of the event. He stated that the City Council may want to consider a presumptive fee of $1,000 on second responses, thereafter, for convenience and ease for the Finance Department. The City Attorney stated that those fees can then be enforced through a small claims court without requiring the presence of a lawyer and ease of collection. Council Member Seymore asked for clarification on the cost recovery cap of $1,500. The City Attorney stated that there could be a response in which $1,500 did not recover all of the actual out of pocket expenses. Council Member Luebben stated that he would like a minimum fee in place and suggested a calculated fee with a minimum of $1,000 and up to a maximum of $2,000 for each occurrence. He asked about the Police Department being called out on a second occasion that is similar to a minor riot, whereby, the Police Officers determine that there is more than one responsible party and hand out several citations and/or administrative fees. The City Attorney stated this is a cost recovery ordinance and not a penal ordinance. The public hearing was opened. Mayor Narain asked if there was anyone who wished to speak in favor of the item. Shaheen Airpour, Los Alamitos High School, asked how this fee differs from a citation. The City Attorney responded that if an event breaches the public peace, safety, health and general welfare of the community, the responsible parties will be visited by the police and asked to change their behavior. He stated that a written warning will be given and if the behavior has not been changed, a second response by the police will result in the imposition of the fees for enforcing the peace and good order in the community. The City Attorney stated that on a second response, a party may be arrested for being drunk in public or any number of violations, but the responsible party will also be sent a bill for the cost of bringing the party into conformance with the law upon the second response of the Police Department. 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 Luebben that the City Council adopt the Resolution by title only, amending and restating the Established Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park Services and Activities with the fee to be calculated on actual costs with the minimum being $1,000 and the maximum being $2,000 per occurrence. Motion failed due to lack of second. It was moved by Council Member Mills and seconded by Mayor Narain, that the City Council adopt the Resolution by title only, amending and restating the Established Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park Services and Activities with a flat fee of $1,000. A substitute motion was made by Mayor Pro Tem Bailey that the City Council adopt the Resolution by title only, amending and restating the Established Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park Services and Activities with the fees to be the actual cost of rendering police services, not to exceed $1,500. Motion failed due to lack of second. 3 46 462 CITY COUNCIL MINUTES A substitute motion was made by Council Member Seymore and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, amending and restating the Established Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park Services and Activities with the fees to be a minimum of $750 and not more than $2,000. The substitute motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Bailey and Seymore NOES: 3 COUNCIL MEMBERS: Luebben, Mills and Narain ABSENT: 0 COUNCIL MEMBERS: None The motion by Council Member Mills was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Luebben, Mills and Narain NOES: 2 COUNCIL MEMBERS: Bailey and Seymore ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING AND RESTATING RESOLUTION NO. 6153 AMENDING THE ESTABLISHED MASTER SCHEDULE OF FEES RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES. CONSENT CALENDAR: MARCH 8, 2010 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. Council Member Mills requested Agenda Item No. 6 be pulled from the Consent Calendar. It was moved by Council Member Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 through 5 and 7 through 10. 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 FEBRUARY 22, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of February 22, 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:. SECOND READING OF AN ORDINANCE ADDING A NEW CHAPTER 17 -66 TO THE CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED "POLICE FEE FOR EXTRAORDINARY POLICE SERVICES." Recommendation: That the City Council adopt the Ordinance by title only, adding a new Chapter 17 -66 to the Cypress Municipal Code, the same to be entitled "Police Fee for Extraordinary Police Services." 4 CITY COUNCIL MINUTES ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW CHAPTER 17 -66 TO THE CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED "POLICE FEE FOR EXTRAORDINARY POLICE SERVICES." MARCH 8, 2010 Item No. 5: PROCLAIMING MARCH 30, 2010 AS "WELCOME HOME VIETNAM VETERANS DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim March 30, 2010 as 'Welcome Home Vietnam Veterans Day" in the City of Cypress. Item No. 7: LETTER OF SUPPORT CITY OF LOS ALAMITOS' REQUEST FOR FEDERAL FUNDS TO SUPPORT JFTB LOS ALAMITOS. Recommendation: That the City Council authorize the Mayor to sign the letter of support. Item No. 8: DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -01, A REQUEST TO INSTALL A STEALTH ROOFTOP ANTENNA FACILITY ON AN EXISTING OFFICE BUILDING LOCATED AT 10805 HOLDER STREET IN THE PC -1 PLANNED COMMUNITY ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2010 -01, subject to the conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 6184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010-01 WITH CONDITIONS. Item No. 9: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2009/10 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2009 -08. Recommendation: That the City Council: 1) Award a contract for the 2009/10 Slurry Seal Project, Public Works Project No. 2009 -08, in the amount of $1,595,116.07, to the lowest responsible bidder American Asphalt South, Inc., Fontana, California; authorize a contingency of $239,267.43 (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 Inspection Services, in the amount of $145,238, within the existing agreement for On -Call Construction Management /Inspection/Engineering Services, for the 2009/10 Slurry Seal Project (Project No. 2009 -08), to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $21,786 (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. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 12422 THROUGH 12604. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. Regarding Item No. 6: CONSIDERATION OF A RESOLUTION ESTABLISHING A RECEIPT AND DISTRIBUTION POLICY REGARDING TICKETS AND /OR PASSES IN CONFORMANCE WITH THE CALIFORNIA CODE OF REGULATIONS 18944.1 AS RECENTLY AMENDED BY THE FAIR POLITICAL PRACTICES COMMISSION AND NOTICE OF RECENT REVISIONS TO GIFT RULES EFFECTIVE FEBRUARY 2010, Council Member Mills requested further clarification from the City Attorney. 5 3 X64 CITY COUNCIL MINUTES The City Attorney provided a variety of scenarios regarding this policy. It was moved by Council `Member Mills and seconded by Mayor Narain, that the City Council adopt the Resolution by title only, establishing a receipt and distribution policy regarding tickets and/or passes in conformance with the Califomia Code of Regulations 18944.1 as recently amended by the Fair Political Practices Commission and Notice of Recent Revisions to Gift Rules effective February 2010. 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 NEW BUSINESS: No items. No items. RESOLUTION NO. 6183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING A RECEIPT AND DISTRIBUTION POLICY REGARDING TICKETS AND /OR PASSES IN CONFORMANCE WITH THE CALIFORNIA CODE OF REGULATIONS 18944.1 AS AMENDED BY THE FAIR POLITICAL PRACTICES COMMISSION. END OF CONSENT CALENDAR MARCH 8, 2010 RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing 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 an O.C. Sanitation District Steering Committee and Board of Directors meeting. Attended a SCAG Energy and Environment Committee meeting. Mayor Pro Tem Bailey: Announced that former long time Cypress resident Johnnie Perkins passed away. Council Member Mills: Attended a Regional Military Affairs Committee meeting. Attended a SCAG Nominating Committee meeting. Attended an OCCOG Board of Directors meeting. Attended a SCAG Regional Council and Transportation Committee meeting. Attended a VIP tour of the USS Dewey. Attended a League of California Cities Advocacy Committee meeting. 6 1 1 CITY COUNCIL MINUTES Council Member Sevmore: Attended an O.C. Fire Authority Board meeting. Attended the Opening Day ceremonies for Cypress Pony /Colt Baseball league. Manor Narain: Announced the passing of Recreation Community Services Commissioner Rob Johnson's mother. Attended a BRACE meet and greet with General Jones at the Joint Forces Training Base and with Mitsubishi Electric Electronics USA, Inc. Attended a dedication ceremony at Cypress College for the Humanities building. Attended a Mayors' breakfast meeting in Garden Grove. Attended the Opening Day ceremonies for Cypress Pony /Colt Baseball league. Attended a VIP tour of the USS Dewey. ITEMS FROM CITY MANAGER: The City Manager gave a presentation of Capital Improvement Project savings from FY 2008 -09 to present. The City Manager stated that discussion at the meeting with General Jones of the Joint Forces Training Base included notification that enhanced land use has been removed, and that a decision on the composting issue will be made in April/May 2010. He stated that the meeting with General Jones also included discussion of funding for buildings and other Base improvements, along with ways that the City can jointly work with the Base to ensure its continued operations that benefit all of the surrounding communities. ADJOURNMENT: Mayor Narain adjourned the meeting in memory of former Cypress resident Johnnie Perkins at 8:03 p.m. to Monday, March 22, 2010, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 1 &o-P4(A/v., CITY CLERK OF THE CITY OF CYPRESS 7 MARCH 8, 2010 MAYOR OF THE CITY OF CYPRESS 465