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Minutes 2010-05-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 10,2010 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 Council /Agency 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 Police Captain Ed Bish Assistant City Engineer Kamran Dadbeh Assistant Director of Finance and Administrative Services Matt Burton Water Quality Manager Gonzo Vazquez Recreation Superintendent Dena Diggins Maintenance Supervisor Larry Campos Maintenance Supervisor Art Erbes Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Assistant City Manager /Director of Finance and Administrative Services stated that the City Council will be presented with the City's Fiscal Year 2010 -11 budget. He stated that departmental budget meetings with City Management were held in March and that on May 24, 2010 the budget will be submitted to the City Council for adoption. The Assistant City Manager /Director of Finance and Administrative Services indicated that assumptions in preparing the Fiscal Year 2010 -11 budget include maintaining the general fund balance contingency, addressing financial restraints, and maintaining long -term financial stability. He provided an overview of the budget documents received by the City Council which includes the Cypress Recreation Park District Operating Budget. The Assistant City Manager /Director of Finance and Administrative Services stated that the combined proposed budgets for the City, Park District, and Redevelopment Agency is approximately $58 million which is a 13% increase from the previous year's budget. The Assistant City Manager /Director of Finance and Administrative Services stated that the General Fund revenues have decreased 4.5% mainly due to a decrease in sales tax and the Transient Occupancy Tax. He stated that the total expenditures in reserves has decreased 5% while the total operating fund has decreased 2.2 481 482 CITY COUNCIL MINUTES MAY 10, 2010 The Assistant City Manager /Director of Finance and Administrative Services indicated that the estimated revenues /sources for the Cypress Recreation Park District is $4.6 million which is an increase of approximately .6 He stated that the estimated revenues for the Cypress Redevelopment Agency is $4.1 million, with proposed expenditures of $3.9 million. The Assistant City Manager /Director of Finance and Administrative Services commented that revenue impacts on the budget include the ongoing economic downturn and State budget takeaways. He stated that Capital Outlay items include the replacement of four Police vehicles, three Public Works vehicles, the replacement of Police patrol rifles, upgrades of desktop /notebook computers, and chair /table replacements for the Cypress Recreation Park District. The Assistant City Manager /Director of Finance and Administrative Services informed that the Fiscal Year 2010 -11 Capital Improvement Program budget total is approximately $23.5 million which includes the Warland Drive reimbursement and the Gas Tax Exchange. He stated that future revenue /cost threats include the State budget, business relocation, funding future pension costs, and political matters. The Assistant City Manager /Director of Finance and Administrative Services concluded that the City Council is being presented with a balanced budget that maintains the current City services, is consistent with City goals, and does not include layoffs or furloughs. Council Member Luebben asked what the current Transient Occupancy Tax is and what is required to change or increase the rate for potential use as a revenue source. The Assistant City Manager /Director of Finance and Administrative Services responded that the Transient Occupancy Tax is currently 10% and changing the rate would require a vote of the residents. Council Member Luebben inquired about the elimination of vacant positions and if they are fully funded. The Assistant City Manager /Director of Finance and Administrative Services replied that in the current Fiscal Year some positions are frozen, while others are vacant and not frozen but were budgeted to be filled. Council Member Luebben asked about the asset seizure formula and how the assets are dispersed. The Chief of Police responded that there is a defined formula, however, if assets are seized within our City, the percentage is larger. Mayor Narain asked about the various assets that may be seized. The Chief of Police replied that assets may include jewelry and cars. Mayor Pro Tem Bailey asked about the current yield for the Local Agency Investment Fund (LAIF). The Assistant City Manager /Director of Finance and Administrative Services stated that the current yield on LAIF is just over one -half percent. Mayor Pro Tem Bailey suggested that the City consider ways to look at cash management in order to increase revenues and increase the yield on LAIF to 1 The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(e); Number of Cases: One. 2 CITY COUNCIL MINUTES MAY 10, 2010 The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 59457.6; Agency Negotiators: John B. Bahorski, Richard Storey, Employee Groups: Cypress Maintenance Employees' Association. At 6:22 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 Police Captain Ed Bish 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. 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 the City Council held a workshop regarding the proposed Fiscal Year 2010 -2011 Annual Budget. He stated that staff reviewed with the City Council the City's revenues and expenditures, and that a public hearing will be held on May 24, 2010 for final adoption of the City Budget, the Cypress Recreation and Park District Budget, and the Redevelopment Agency Budget. The City Manager stated that copies of the presentation are available in the City Clerk's Office. 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 Anticipated Litigation, pursuant to Government Code Section 54956.9(e); Number of Cases: One. The City Attorney stated that there was a privileged and confidential briefing, and that the City Council unanimously authorized City staff to file a claim pursuant to the recommended strategy. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 59457.6; Agency Negotiators: John B. Bahorski, Richard Storey, Employee Groups: Cypress Maintenance Employees' Association. The City Attorney stated that the City Council unanimously reached a tentative agreement with the Cypress Maintenance Employees' Association subject to reducing the terms and conditions of that agreement to a 3 483 484 CITY COUNCIL MINUTES MAY 10, 2010 Memorandum of Understanding to be brought back for formal City Council action at a public meeting. 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. Chuck Murphy, Cypress College, invited the City Council to a Masterworks Chorale concert on May 23, 2010. Jamie Siler, Los Alamitos Friday Night Lights youth flag football league, invited the City Council to the spring season playoff games at Oak Middle School on Friday, May 14, 2010. 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 CONDITIONAL USE PERMIT NO. 2010- 03, A REQUEST TO RE- ESTABLISH A GASOLINE SERVICE STATION USE ON THE PROPERTY LOCATED AT 6001 ORANGE AVENUE IN THE CG COMMERCIAL GENERAL ZONE. Mayor Narain opened the public hearing. He stated that the applicant has requested this item be continued to the May 24, 2010 City Council meeting. 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 Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 through 9. 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 APRIL 26. 2010. Recommendation: That the City Council approve the Minutes of the Meeting of April 26, 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 ADOPTING MODIFICATIONS TO THE CYPRESS MUNICIPAL CODE AND ZONING ORDINANCE RELATED TO FINANCIAL SERVICE ESTABLISHMENTS. Recommendation: That the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2010 -01. 4 CITY COUNCIL MINUTES ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW SECTION 15H TO THE CYPRESS CITY CODE, AMENDING TABLE 2 -6 OF SECTION 6, ARTICLE 2 OF APPENDIX I ZONING, ADDING A NEW SECTION 3.17.216 TO APPENDIX I ZONING, AND ADDING A NEW DEFINITION FOR FINANCIAL SERVICES AND AMENDING THE EXISTING DEFINITION FOR BANKS AND FINANCIAL SERVICES IN APPENDIX I ZONING. MAY 10, 2010 Item No. 5: PROCLAIMING THE WEEK OF MAY 16 -22, 2010 AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 16 -22, 2010 as "National Public Works Week" in the City of Cypress. Item No. 6: PROCLAIMING THE WEEK OF MAY 17 -21, 2010 AS "BIKE TO WORK WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 17 -21, 2010 as "Bike to Work Week" in the City of Cypress. Item No. 7: APPROPRIATION OF NARCOTIC ASSET SEIZURE FUNDS FOR PURCHASE OF 800 MHz PUBLIC SAFETY RADIOS. Recommendation: That the City Council approve the following appropriations in the amount of $18,603 from the fund balance of the Narcotic Asset Seizure Fund for the purchase and installation of eighteen (18) public safety radios: 1) $11,853 for the purchase of eighteen (18) public safety radios to 281 50179.4113 (Small Tools Equipment); and 2) $6,750 for the installation, parts, and labor to 281- 50179.4188_004 (Contract Services Public). Item No. 8: POLICE TOWING AND STORAGE SERVICES RECOMMENDATION. Recommendation: That the City Council accept the proposal for Police Towing and Storage Services and direct the City Attorney to draft an agreement with Five City Automotive Repair Center, Inc. for City- initiated towing and storage services for a period of three (3) years, with an option for the City to continue the Agreement for up to two (2) additional one (1) year terms. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 13049 THROUGH 13234. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. NEW BUSINESS: END OF CONSENT CALENDAR Item No. 10: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 20, ARTICLE IV, OF THE CYPRESS MUNICIPAL CODE TO UPDATE THE CYPRESS ALARM SYSTEMS ORDINANCE. The Police Captain provided background information on this item. Mayor Pro Tem Bailey asked if there is any change in the fees. The Police Captain responded that the fee has been established in the Master Fee Schedule. She further informed that there is no charge for the first two false alarms, regardless if it is a business or residential alarm, and that there is an ascending rate for the calls. 5 485 CITY COUNCIL MINUTES The Police Captain responded in the affirmative. MAY 10, 2010 Council Member Mills stated that he appreciates the Police Department coming up with a more efficient and Tess expensive way of doing business. Council Member Luebben asked if the fees were part of the fee schedule recently reviewed by the City Council that included comparisons from surrounding cities. It was moved by Council Member Seymore and seconded by Mayor Narain, that the City Council introduce for first reading the Ordinance by title only, amending Chapter 20, Article IV, of the Cypress Municipal Code updating the Cypress Alarm Systems Ordinance. 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 RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING AND UPDATING CHAPTER 20, ARTICLE IV, THE ALARM SYSTEMS ORDINANCE, OF THE CYPRESS MUNICIPAL CODE. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Council Member Seymore asked that the students in attendance come to the podium to introduce themselves. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Narain requested reports from the Council Members on their respective committee assignments. Council Member Mills: Attended a Regional Military Affairs Committee meeting at the Joint Forces Training Base. Attended the Rising Star Awards and FOCCA scholarship awards. Attended the La Palma State of the City. Attended the Tip -A -Cop fundraiser at Chili's. Attended a SCAG Regional Council and General Assembly conference in La Quinta. Council Member Sevmore: Attended a DARE graduation at Morris Elementary School. Attended the FOCCA scholarship awards. Attended a DARE graduation at St. Irenaeus Elementary School. Attended the Tip -A -Cop fundraiser at Chili's. Attended the Boys Girls Club of Cypress fundraising dinner. 6 1 CITY COUNCIL MINUTES Council Member Luebben: Chaired the Orange County Sanitation District Audit Committee. Attended an Orange County Sanitation District Steering Committee and Board of Directors meeting. Spoke at and presented an Eagle Scout Court of Honor award to Trevor Osaki in Irvine. Attended the Cypress Chamber of Commerce Corporate Golf Challenge. Mayor Pro Tem Bailey: Served as the guest speaker at the USC debate squad banquet. Mayor Narain: Attended the Rising Star Awards and FOCCA scholarship awards. Attended a BRACE visit at Yamaha Motor Corporation. Attended the La Palma State of the City. Attended the Boys Girls Club of Cypress fundraising dinner. Attended a fraud seminar organized by Congressman Ed Royce. Attended the Mormon Helping Hands volunteer park cleanings and thanked them for great job. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Narain adjourned the meet' at 7:33 p.m. to Monday, May 24, 2010, beginning at 5:30 p.m. in the Executive Board f MAYOR F THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAY 10, 2010 487