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Minutes 2010-09-27MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD September 27, 2010 i A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Narain in the Executive Board Room, 5275 Orange Avenue, Cypress, California. 053 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 Assistant City Engineer Kamran Dadbeh Recreation Supervisor Jeff Draper Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone City Clerk Denise Basham ORAL COMMUNICATIONS: Phillip Ruan, Cypress Futbol Club, spoke regarding the workshop item. Jason Livingston, Cypress Futbol Club, spoke regarding the workshop item. Rob Johnson, Cypress Recreation Community Services Commission, spoke regarding the workshop item. WORKSHOP SESSION: The Recreation and Community Services Director provided the City Council with an overview of the updated proposed policy related to athletic facility allocation, usage, and scheduling procedures. She stated that the City Council reviewed a draft policy in June 2010 and since then staff has met with members of the Advisory Committee on the Use of Athletic Facilities (ACUAF). Council Member Luebben asked for clarification on grandfathering in the groups and how new groups will be given facility use consideration. The Recreation Community Services Director indicated that the Recreation Community Services Commission has developed a policy that gives City programs the highest priority of use and City- sponsored groups the second highest priority of usage. She stated that in 2001 Cypress Futbol Club was added to ACUAF, informing that such members are given the second highest priority of usage. Mayor Pro Tem Bailey informed that the Cypress Futbol Club became a member of ACUAF in 2001 after the newly hired Recreation Community Services Director met with all of the user groups and included them in ACUAF. CITY COUNCIL MINUTES SEPTEMBER 27, 2010 The Recreation Community Services Director displayed a chart depicting the City owned fields and amenities, along with the Cypress School District, Cypress High School, and Oxford Academy sites. She informed of .overconcentration of uses and how prioritization of use is determined. The Recreation Community Services Director stated that, as self- imposed through the ACUAF groups, a $3 per child surcharge fee was implemented in 1997. She stated that this fee would be used specifically for capital projects, not capital equipment, and in 2008 a non resident fee was implemented with those monies going back into the general fund. The Recreation Community Services Director distributed information reflecting the groups' outstanding fees, as requested by a Council Member. The Recreation Community Services Director informed of residency requirements, with Cypress Federal Little League having the highest residency rate. She distributed charts depicting athletic facilities distribution (in hours) for August 2009 through July 2010, February through July 2010, and August 2009 through January 2010. The Recreation Community Services Director discussed the possible impact should the residency rate be increased. Mayor Narain asked about the 55% residency requirement. The Recreation Community Services Director responded that staff has considered the financial and facility maintenance and/or construction impact of taking on the responsibility of non residents. Council Member Luebben stated that if the residency requirement was to be increased that only Cypress Federal Little League would be in compliance, necessitating drastic changes from every league. Mayor Pro Tem Bailey commented that he supports the residency requirement for the board of directors, as well. The Recreation Community Services Director reviewed Option 1 which takes into consideration residency requirements, open registration, and a minimum play rule. She stated that groups would need to be in compliance by January 1, 2013. Jason Livingston, Cypress Futbol Club, expressed concern with the grandfathering aspect and the flex program. Ken Spira, AYSO, spoke of the Extra program which is an all -play program, whereby, players pay for their own uniforms. He stated that consideration is being given for a flex program in the near future which would be run separately from the regular program. Council Member Seymore commented that the compliance date should be January 1, 2012, and expressed concern with the loss of facilities and the impact of subsidizing programs. He stated that non residents using Cypress facilities impose maintenance of fields and other facilities. Mayor Narain asked about the reasoning for the two -year compliance. The Recreation Community Services Director replied that compliance had originally been three years, however, there is now an acceleration of facility constraints. Council Member Luebben spoke in support of a three -year compliance period as the groups would need to restructure. The Recreation Community Services Director reviewed the groupings for athletic facility priority scheduling and informed that Option 2 includes a tiered non resident fee would be implemented. Council Member Luebben clarified that Option 2 grandfathers in all current ACUAF members and increases their non resident rates. 2 054 CITY COUNCIL MINUTES SEPTEMBER 27, 2010 Mayor Pro Tem Bailey expressed concern with financial gain of some of the groups and stated that the goal is to protect the recreation aspect of the programs, and that he does not have anything against Cypress Futbol Club. The Recreation Community Services Director stated that she recognizes the value of club sports, however, from a professional standpoint it is necessary to establish usage priorities. Council Member Luebben stated that he prefers Option 2. Mayor Pro Tem Bailey stated that he prefers Option 1. Council Member Mills stated that the policy includes diverse groups and there is not an option that will fit all of the groups, and that surrounding cities' policies will affect the groups. Council Member Luebben commented that league participation and scholarships are increasing and it is important to pay close attention to the direction in which competitive sports is going. 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(b)(1) (3)(A); Number of Cases: Two. 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 59456.9(a); Melim v. City of Cypress, Case No. 30- 2009 00117552, Orange County Superior Court. At 6:13 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 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 Planning Manager Doug Hawkins Senior Civil Engineer Alvin Papa Building Official Bob Decker Recreation Supervisor Jeff Draper Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone 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. 3 055 CITY COUNCIL MINUTES PRESENTATIONS: The Chief of Police introduced new Cypress Police Lieutenant Jim Olson. The Public Works Director provided the City Council with an update on the Capital Improvement Program. The Senior Civil Engineer provided the City Council with an overview of the Myra Avenue Storm Drain Pump Station Project. Council Member Luebben spoke of the tree removal at Maple Grove North and Maple Grove South Parks and requested that, for the benefit of the community, the Public Works Director provide a recap of the need for the tree removals. The Public Works Director informed of the Maple Grove North and Maple Grove South Parks' tree removals and planned re- plantings. Council Member Seymore asked about street slurry seal. The Public Works Director informed of the City's Pavement Conditioning Index. Council Member Mills asked about liability should there be damage to the City's storm drains caused by the County of Orange. Additionally, he commented that the cameras throughout the City are for monitoring purposes only and not for code enforcement purposes. The Public Works Director responded that he could not answer on how the County would respond. Mayor Narain complimented the Public Works Director on his presentation. 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 Recreation Community Services Director presented to the City Council a review of the updated proposed policy related to athletic facility allocation, usage, and scheduling procedures. 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(b)(1) (3)(A); Number of Cases: Two. He stated that a litigation avoidance strategy was recommended, which was unanimously accepted 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 59456.9(a); Melim v. City of Cypress, Case No. 30- 2009 00117552, Orange County Superior Court. He stated that the Orange County Superior Court ruled in favor of the City, which should conclude this lawsuit. 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.) 4 SEPTEMBER 27, 2010 056 Mayor Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. CITY COUNCIL MINUTES SEPTEMBER 27, 2010 Laura Herzog, Joint Forces Training Base, provided the City Council with an update on the airfield and upcoming events. George O'Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. Jason Livingston, Cypress Futbol Club, spoke regarding Agenda Item #15. 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. 2010 -09, A REQUEST TO ESTABLISH A TRADENOCATIONAL SCHOOL WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 6251 KATELLA AVENUE IN THE PC -4 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided background information on this item. Council Member Luebben asked if the business offers bilingual courses. The Planning Manager responded in the negative. The applicant, Mr. Tom Finaly, indicated that all instruction is done in English, however, his business targets the Hispanic population. Council Member Mills asked about the uniqueness of the courses. Mr. Finaly informed of the need for additional nursing coursework due to courses being full at surrounding colleges. Council Member Mills asked about the handling of hazardous materials and the lunch program. Mr. Finaly responded that there would not be handling of hazardous materials, and that food would be offered through vending machines only. Mr. Finaly stated that he agrees to all of the conditions. 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 Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -09, 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 RESOLUTION NO. 6221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-09 WITH CONDITIONS. 5 057 CITY COUNCIL MINUTES CONSENT CALENDAR: SEPTEMBER 27, 2010 058 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 Seymore requested Agenda Item No. 5 be pulled from the Consent Calendar. Council Member Luebben requested Agenda Item No. 9 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 4, 6 through 8, and 10 through 13. 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 SEPTEMBER 13, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of September 13, 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 ZONING ORDINANCE AMENDMENT NO. 2010- 02, A CITY INITIATED ACTION TO MODIFY SECTION 3.16 OF THE CYPRESS ZONING ORDINANCE RELATING TO WIRELESS COMMUNICATIONS (ANTENNA REGULATIONS). Recommendation: That the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2010 -02. ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CYPRESS MUNICIPAL CODE, APPENDIX I ZONING, ARTICLE 3, SECTION 16 RELATING TO WIRELESS COMMUNICATIONS (ANTENNA REGULATIONS). Item No. 6: AWARD OF PROFESSIONAL CONTRACT SERVICE AGREEMENTS FOR ON -CALL PLANNING AND ENVIRONMENTAL CONSULTING SERVICES. Recommendation: That the City Council: 1) Award a Professional Contract Services Agreement for on -call planning and environmental consulting services to RBF Consulting, and assign the Director of Community Development as Contract Officer; and 2) Award a Professional Contract Services Agreement for on -call planning and environmental consulting services to Hogle- Ireland, Inc., and assign the Director of Community Development as Contract Officer. Item No. 7: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REQUEST FOR SUPPORT. Recommendation: That the City Council adopt the Resolution by title only, supporting SCAG's "Business Friendly Principles." 6 CITY COUNCIL MINUTES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, STATING ITS SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY. Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS FOR MOODY STREET STORM DRAIN, PUBLIC WORKS PROJECT NO. 2008 -12, AND VALLEY VIEW STREET STORM DRAIN, PUBLIC WORKS PROJECT NO. 2008-14. Recommendation: That the City Council approve the plans and specifications for Moody Street Storm Drain, Public Works Project No. 2008 -12, and Valley View Street Storm Drain, Public Works Project No. 2008 -14. Item No. 10: APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2010 -11. Recommendation: That the City Council: 111 General Fund 114 General Fund Grants 232 Gas Tax 2106 Fund 234 Traffic Mitigation Assessment Fund 236 Measure M Gas Tax Fund 281 Narcotics Asset Seizure Fund 321 Sewer Fund 415 Capital Projects Fund 713 Information Systems Fund 721 Capital Replacement Fund TOTAL RESOLUTION NO. 6222 SEPTEMBER 27, 2010 059 1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the carryover items as detailed in Attachment A and summarized as follows: $314,306 $494,128 $82,668 $2,169,070 $314,922 $14,950 $477,284 $3,193,242 $85,220 $148,048 2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2010 -11 as listed below: FROM 111 General Fund 114 General Fund Grants 232 Gas Tax 2106 234 Traffic Mitigation 236 Measure M Gas Tax 281 Narcotics Asset Seizure TOTAL TO 721 Capital Replacement 721 Capital Replacement 415 Capital Projects 236 Measure M Gas Tax 415 Capital Projects 415 Capital Projects 111 General Fund (111-99999.3525/3711) 114 General Fund Grants (114- 99999.3525) 232 Gas Tax 2106 Fund (232.99999.3525) 234 Traffic Mitigation Fund (234 99999.3525) 236 Measure M Gas Tax Fund (236- 99999.3525) 321 Sewer Fund (321- 99999.3572) 415 Capital Projects Fund (415 99999.3525) TOTAL 7 AMOUNT $13,500 $3,904 $467,327 $214,565 $430,259 $199,704 $1,329,259, 3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2010 -11: $6,131 $498,628 $349,355 $255,000 $115,735 $141,200 $1,232,673 $2,59$,722 CITY COUNCIL MINUTES SEPTEMBER 27, 2010 4. Authorize the appropriation of funds in Fiscal Year 2010 -11 for items encumbered at June 30, 2010 as detailed in Attachment B and summarized below: 111 General Fund $13,275 114 General Fund Grant Fund $4,500 232 Gas Tax 2106 Fund $340,745 234 Traffic Mitigation Fund $157,341 236 Measure M Gas Tax Fund $16,083 261 Storm Drainage Fund $24,096 262 Plan Local Drain Facility Fund $1,187,934 281 Narcotics Asset Seizure Fund $19,887 321 Sewer Fund $494,080 415 Capital Projects Fund $1,589,805 711 Central Services Fund $2,928 721 Capital Replacement Fund $173,483 TOTAL $4.024,157 Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of August, 2010. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2009 -10 AND 2010 -11 FOR WARRANTS NO. 14845 THROUGH 15028. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2009 -10 and 2010 -11. Recreation and Park District Matters: Item No. 13: APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2010 -11. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for items encumbered at June 30, 2010 as detailed in Attachment A and summarized below: 212 CRPD General Fund $27,206 2. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 212 CRPD General Fund 725 CRPD Replacement Fund 3. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2010 -11 as listed below: FROM TO AMOUNT 213 Park Development Fund 212 General Fund $392,500 Regarding Item No. 5: PROCLAIMING THE MONTH OF OCTOBER 2010 AS "DOMESTIC VIOLENCE AWARENESS MONTH" IN THE CITY OF CYPRESS, Council Member Seymore read the "Domestic Violence Awareness Month" proclamation. It was moved by Council Member Seymore and seconded by Council Member Bailey, that the City Council officially proclaim the month of October 2010 as "Domestic Violence Awareness Month" in the City of Cypress. 8 $369,584 $2,800 060 CITY COUNCIL MINUTES The motion was unanimously carried by the following roll call vote: SEPTEMBER 27, 2010 061 AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Regarding Item No. 9: USER AGREEMENT FOR THE CITY OF BUENA PARK'S POLICE FIRING RANGE. Council Member Luebben expressed concern in contracting with the City of Buena Park due to their lack of support related to a recent litigation matter. The Chief of Police informed of the benefits of the close proximity of the City of Buena Park's firing range and the competitive rates for use. It was moved by Council Member Luebben that this matter be tabled to the next regular City Council meeting of October 11, 2010 to allow staff time to contact the City of Buena Park about providing service at no charge. A substitute motion was made by Mayor Pro Tem Bailey and seconded by Council Member Seymore, that the City Council authorize the Mayor to execute the Agreement for use of the City of Buena Park's police firing range and to contact the City of Buena Park to see if services will be provided at no charge. The City Manager indicated that there is only a minimal chance that the City of Buena Park would offer the firing range services at no charge and stressed the importance of limiting the Police Department's need for overtime. The substitute motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None NEW BUSINESS (14): END OF CONSENT CALENDAR Item No. 14: INTRODUCTION OF THE FIRST READING OF ORDINANCES FOR THE LATEST 2010 CALIFORNIA MODEL BUILDING. ELECTRICAL. PLUMBING. AND FIRE CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS AND SETTING A PUBLIC HEARING DATE. The Building Official provided background information on this item. It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council introduce for first reading, and simultaneously set for public hearing, the attached four (4) ordinances to be considered by title only, adopting the current model Building, Electrical, Plumbing, and Fire Codes, with amendments, for the City of Cypress. 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 9 CITY COUNCIL MINUTES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 5 -1 AND 5 -2 OF CHAPTER 5 OF THE CYPRESS MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2010 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF THE UNIFORM HOUSING CODE, THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND REPEALING ORDINANCE NO. 1093. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION, WITH CERTAIN AMENDMENTS AND REPEALING ORDINANCE NO. 1094. ORDINANCE NO. ORDINANCE NO. SEPTEMBER 27, 2010 062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE, THE 1997 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE 1997 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS AND REPEALING ORDINANCE NO. 1095. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 5 -3 OF CHAPTER 5 OF THE CYPRESS MUNICIPAL CODE, AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODE WITH CERTAIN AMENDMENTS THERETO: THE 2010 EDITION OF THE CALIFORNIA FIRE CODE AND REPLACING ORDINANCE NO. 1096. RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Item No. 15: CONSIDERATION OF ADOPTION OF ATHLETIC FACILITY ALLOCATION, USAGE, AND SCHEDULING POLICY. The Recreation Community Services Director provided background information on this item. She complimented Recreation Superintendent Dena Diggins and Recreation Supervisor Jeff Draper for their assistance with this policy. Council Member Mills commented on the importance of the policy, and complimented the Recreation Community Services Commission on their work with the policy. It was moved by Council Member Mills and seconded by Council Member Seymore, that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt Option 1, as recommended by the Recreation and Community Services Commission. Mayor Pro Tem Bailey made an amendment to the motion, seconded by Council Member Mills, that Section 5.2 be revised to read, "Effective January 1, 2013, the organization's Executive Board members be comprised of at least 55% Cypress residents in order to receive the highest scheduling priority." 10 CITY COUNCIL MINUTES SEPTEMBER 27, 2010 063 The amendment to the motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None The motion by Council Member Mills and seconded byi Council Member Seymore was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None Mayor Narain clarified the necessity for this policy in that there is limited field space and a need to prioritize usage. Council Member Luebben corrected the Recreation Community Services Director in that both options would be effective November 1, 2010, not November 1, 2011. He stated that he is not in agreement that groups are not being penalized, specifically Cypress Futbol Club. 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 Board Member Mills, to approve Consent Calendar Item No. 16. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Consent Calendar: Item No. 16: APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS REDEVELOPMENT AGENCY TO FISCAL YEAR 2010 -11. Recommendation: That the Cypress Redevelopment Agency Board: 1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 451 Low and Moderate Housing Set -Aside Fund $107,700 2. Authorize the appropriation of funds in Fiscal Year 2010 -11 for items encumbered at June 30, 2010 as detailed in Attachment A and summarized below: 451 Low and Moderate Housing Set -Aside Fund $16,825 3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2010 -11: 451 Low and Moderate Housing Set -Aside Fund $124,525 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. 11 CITY COUNCIL MINUTES Council Member Luebben: Mayor Pro Tem Bailey: Council Member Mills: Council Member Sevmore: Mayor Narain: ITEMS FROM CITY MANAGER: 12 SEPTEMBER 27, 2010 064 Attended the League of California Cities Conference. Attended Ethics Training at the League of California Cities Conference. Attended the badge pinning ceremony for Cypress Police Lieutenant Jim Olson and Cypress Police Sergeant Darrell Baldwin. Attended an O.C. Sanitation District Steering Committee and Board meeting. Attended the California State Bar Association annual meeting. Attended the League of California Cities Conference. Attended a Mayor's meeting at the Joint Forces Training Base. Attended a BRACE visit at Criticom Monitoring Services. Commended the Recreation Community Services Commission on their work with the Athletic Facility Allocation, Usage, and Scheduling Policy. Announced the Boys Girls Club of Cypress' Casino Night fundraiser. Attended the League of California Cities Conference. Attended the General Rules Committee Meeting at the League of California Cities Conference. Attended a presentation by the Navy Golf Course. Attended the badge pinning ceremony for Cypress Police Lieutenant Jim Olson and Cypress Police Sergeant Darrell Baldwin. Provided an update on SCAG at a Los Alamitos City Council meeting. Spoke of SCAG issues of concern. Spoke regarding Proposition 23. Attended the Cypress Community Festival Appreciation Dinner. Attended an Eagle Scout Court of Honor in Anaheim. Attended the badge pinning ceremony for Cypress Police Lieutenant Jim Olson and Cypress Police Sergeant Darrell Baldwin. Attended Ethics Training held at City Hall. Attended funeral services for O.C. Fire Authority Paramedic Jim Owen. Attended an O.C. Fire Authority Board of Directors meeting. Attended a dedication ceremony for Habitat for Humanity and Habitat for Heroes. Attended the Cypress Community Festival Appreciation Dinner. Attended a presentation by the Navy Golf Course. Attended the badge pinning ceremony for Cypress Police Lieutenant Jim Olson and Cypress Police Sergeant Darrell Baldwin. Attended a Mayor's meeting at the Joint Forces Training Base. Attended a BRACE visit at Criticom Monitoring Services. The City Manager reported on his attendance at the League of California Cities Conference. The City Manager informed that, in conjunction with the SBA and the California Manufacture's Technology Center, the City will offer three free workshops in October, November, and December for small manufacturing companies. He announced the Job Fair to be held on October 14, 2010 at the Cypress Community Center. The City Manager reported on his meeting with the Naval Weapons Station informing that there will be a public scoping meeting on October 20, 2010 and release of the environmental document in January 2011. The City Manager reported on the Mayor's meeting, informing of financial concerns related to the 4 of July Fireworks Celebration at the Joint Forces Training Base. He stated that continued discussion was held regarding funding for the runway repairs. SEPTEMBER 27, 2010 065 ADJOURNMENT: Mayor Narain adjourned the meeting at 8:59 p.m. in memory of O.C. Fire Authority Paramedic Jim Owen to Monday, October 11, 2010, beginning at 5:30 p.m. in the Executive Board Room. CITY COUNCIL MINUTES ATTEST: Ae-ittoe_ ,e64P/Iami CITY CLERK OF THE CITY OF CYPRESS 13 MAYOR OF THE CITY OF CYPRESS