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Minutes 2010-08-09MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 9, 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 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 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 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. 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 7:01 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 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 Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Narain. 031 CITY COUNCIL MINUTES AUGUST 9, 2010 032 INVOCATION: The invocation was given by City Attorney Wynder. 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 Attomey stated that the City has reached a settlement for substantially less than the settlement authority that had been authorized. He stated that the terms and conditions of the settlement will be provided in a written settlement agreement which will be available for public inspection and copying once it has been fully executed by all of the parties. 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 provided with a privileged and confidential status report on the ongoing mandatory settlement conference negotiations. He stated that there has not been a successful conclusion. He stated that a negotiating strategy was reviewed and that the City Council reaffirmed its direction to pursue that negotiating strategy. He stated that a further mandatory settlement conference has been scheduled for October 26, 2010, and a report to the City Council will be made after that occurs. 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). None. 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. 1 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. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 26. 2010. Recommendation: That the City Council approve the Minutes of the Meeting of July 26, 2010, as submitted. 2 CITY COUNCIL MINUTES AUGUST 9, 2010 Item No. 2: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: CONTINUATION TO INITIATE THE BIENNIAL REVIEW OF THE CITY OF CYPRESS CONFLICT OF INTEREST CODE. Recommendation: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Direct the City Clerk to publish the Notice of Intention to Adopt or Amend a Conflict of Interest Code and direct delivery of the same to all affected employees; and 2) Direct that the 45 -day public comment period commence on Friday, August 13, 2010 and that the same continue through the close of business on Monday, September 27, 2010. Item No. 4: FILING OF COMMERCIAL AND INDUSTRIAL REFUSE RATES. Recommendation: That the City Council receive and file the commercial and industrial refuse rates. Item No. 5: AWARD OF CONTRACT EXTENSION FOR PARKING CITATION PROCESSING. Recommendation: That the City Council award a two (2) year extension of the existing contract with Data Ticket, Inc. for processing parking citations. Item No. 6: ACCEPTANCE OF A GRANT FROM THE OFFICE OF TRAFFIC SAFETY (OTS) FOR THE PURCHASE OF A TRAFFIC RECORDS/TRAFFIC CONTROL DEVICE INVENTORY. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) grant; and 2) Increase the estimated revenues (Account No. 114 70721.3525 Grants Miscellaneous) in the Fiscal Year 2010 -2011 General Fund Grants for the grant total of $35,000; and 3) Increase appropriations by $35,000 in Account No. 114 70721.4116 (Public Works- Engineering Software); and 4) Authorize the Director of Public Works to execute the OTS agreement for the purchase of the Traffic Control Device Inventory (TCDI) software. Item No. 7: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON -CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2010-07. Recommendation: That the City Council: 1) Approve a Task Order in the amount of $121,324 for Design Services for Sewer Rehabilitation at Various Locations, Public Works Project No. 2010 -07, to Lee Ro, City of Industry, California; and 2) Authorize $18,200 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. 8: ACCEPTANCE OF VALLEY VIEW ECONOMIC STIMULUS OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2009 -03, FEDERAL AID PROJECT NO. ESPL 5330 (014). Recommendation: That the City Council: 1) Accept the Valley View Economic Stimulus Overlay Project No. 2009 -03, Federal Aid Project No. ESPL 5330 (014), as being satisfactorily completed in conformance with the project specifications, in the final amount of $398,601.36; and 2) Approve the final retention payment of $39,860.14 to All American Asphalt Inc., Corona, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 3 033 CITY COUNCIL MINUTES NEW BUSINESS: None. END OF CONSENT CALENDAR AUGUST 9, 2010 034 Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2009 -10 AND 2010 -11 FOR WARRANTS NO. 14183 THROUGH 14374. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2009 -10 and 2010 -11. RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. None. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. None. 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 meeting. Attended the Cypress Recreation and Park District's youth basketball playoffs. Asked the City Manager for an update on the Joint Forces Training Base runway. Council Member Mills: Attended an ARMAC meeting and, as per Council Member Luebben's request, stated that the Joint Forces Training Base long runway was inspected and shut down in January 2009 due to water seepage that could result in blow up allowing debris to get into aircraft engines. He stated that there is funding in the amount of $1.5 million for a 5 -7 year fix with construction expected to start within 60 -90 days and completion expected by December 2010. He stressed the importance of budgeting for long -term repair plans. Attended the Neil Diamond Tribute Concert on the Green. Attended a League of California Cities Advocacy Committee meeting. Attended the Cypress Pops Orchestra Concert on the Green. Council Member Sevmore: Attended the mandatory settlement conference for Blythe v. City of Cypress. Was the keynote speaker at the O.C. Fire Authority reserve academy graduation. Attended the Neil Diamond Tribute Concert on the Green. Congratulated Mayor Narain, Mayor Pro Tem Bailey, and Council Member Mills on being unchallenged for their next City Council terms of office. Welcomed Police Service Dog Aris as the newest member of the Cypress Police Department. Manor Narain: Attended the Neil Diamond Tribute Concert on the Green. 4 1 0 1 CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: AUGUST 9, 2010 035 The City Manager stated that a meeting is being set up with Congressman Royce and Congresswoman Sanchez's aid regarding the military construction process. He indicated that the AGENT program has again been expanded to include partnership with the Orange County Chapter of Service Corp of Retired Executives (SCORE). ADJOURNMENT: Mayor Narain adjourned the meeting at 7:25 p.m. to a special meeting on Tuesday, August 17, 2010, beginning at 6:00 p.m. in the Executive Board Room. ATTEST: i0e.tbat kvaka-ei CITY CLERK OF THE CITY OF CYPRESS MAYOR OF THE CITY OF CYPRESS