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Minutes 2010-10-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 25, 2010 A regular meeting of the Cypress City Council was called to order at 6:00 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 Council /Agency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder ORAL COMMUNICATIONS: Gail Simonz, Cypress, spoke regarding gate and fence concerns near her property. CLOSED 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), Gutierrez v. City of Cypress; Case Number 30 -2009- 00302559, 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 59456.9(a), Dreyling v. City of Cypress; Case No. 30- 2010- 00369064, Orange County Superior Court. At 6:06 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 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 Assistant City Engineer Kamran Dadbeh Redevelopment/Economic Development Manager Bill Manis 075 CITY COUNCIL MINUTES Senior Civil Engineer Alvin Papa Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Recreation Coordinator Candice Cheung Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone City Clerk Denise Basham OCTOBER 25, 2010 076 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Carol Turpin, Orange County Human Relations Council, provided an annual update. The Redevelopment/Economic Development Manager provided an Economic Development Update. Council Member Luebben commented on the City Council's directive to the City Manager on the need for a business networking program. He asked about the BRACE Program budget and complimented the Redevelopment/Economic Development Manager on his work with the program. The Redevelopment/Economic Development Manager responded that the BRACE quarterly meetings cost an average of $20 -$30 and that the program budget has been closely monitored. Mayor Pro Tem Bailey asked about the cost of the video. The Redevelopment/Economic Development Manager replied that the cost of the video has been shared by Cypress businesses. Mayor Narain complimented staff on the success of the BRACE Program and the Job Fair that was held at the Cypress Community Center on October 14, 2010. Council Member Seymore spoke of his attendance at the Job Fair and the positive comments received regarding the event, and complimented staff on the success of the BRACE Program. 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), Blythe v. North Orange County Community College District, et al.; Case Number 30- 2008 00103466, Orange County Superior Court. He stated that a court ordered mandatory settlement conference has been scheduled. He stated that the City sought and was unanimously given settlement authority to negotiate in good faith in an effort to resolve the litigation. 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), Gutierrez v. City of Cypress; Case Number 30- 2009 00302559, Orange County Superior Court. He stated that a privileged and confidential briefing was provided to the City Council and that the plaintiff has declined the City's efforts to voluntarily dismiss the City from the action. He stated that the City Council unanimously approved a litigation strategy. 2 CITY COUNCIL MINUTES OCTOBER 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 59456.9(a), Dreyling v. City of Cypress; Case No. 30- 2010 00369064, Orange County Superior Court. He stated that settlement`LLauthority was approved by the City Council. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONp: 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. Laura Herzog, Joint Forces Training Base, spoke regarding Military Appreciation Week and upcoming events and activities at the Base. The following individuals spoke regarding the Cypress Pops Orchestra: Steve Mauss, Cypress David Gilman Daniel Schlesinger, Cypress Peter Fournier, Cypress Pops Orchestra Conductor Paula English, Cypress Steve Charpie June Satton 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. Council Member Luebben requested Agenda Item No. 13 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. 1 through 12. 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 OCTOBER 11, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of October 11, 2010, as submitted. 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: PROCLAIMING NOVEMBER 3, 2010 AS "LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim November 3, 2010 as "Law Enforcement Records and Support Personnel Day" in the City of Cypress. 3 077 CITY COUNCIL MINUTES Item No. 4: THE SPIRIT (SOLE PROPRIETORSHIP IDENTIFY /REALIZE/INSPIRE/TRANSFORM) PROGRAM. Recommendation: That the City Council receive and file the report. OCTOBER 25, 2010 Item No. 5: APPROVAL OF TASK ORDER WITHIN THE EXISTING ON -CALL CONTRACT FOR TRAFFIC ENGINEERING DESIGN SERVICES FOR FIBER OPTIC INSTALLATION AND UPGRADE TO CCTV SYSTEM ON KATELLA/CERRITOS/WALKER/BALL, PUBLIC WORKS PROJECT NO. 2010 -09. Recommendation: That the City Council: 1) Approve a Task Order in the amount of $118,600 for Traffic Engineering Design Services for Fiber Optic Installation and Upgrade to the CCTV System on Katella/Cerritos/Walker /Ball, Publid Works Project No. 2010 -09, to Iteris, Santa Ana, California; and 2) 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: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE MOODY STREET BEAUTIFICATION PROJECT, PUBLIC WORKS PROJECT NO. 2008-04. Recommendation: That the City Council approve the plans and specifications for the Moody Street Beautification Project, Public Works Project No. 2008 -04. Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION ON LINCOLN AVENUE AND CYPRESS STREET, PUBLIC WORKS PROJECT NO. 2008 -23. Recommendation: That the City Council approve the plans and specifications for Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 2008 -23. Item No. 8: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION ON GRINDLAY STREET, BALL ROAD, MOODY STREET, BISHOP STREET, AND CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 2009- 14. Recommendation: That the City Council: 1) Award a construction contract for Sewer Rehabilitation on Grindlay Street, Ball Road, Moody Street, Bishop Street, and Cerritos Avenue, Public Works Project No. 2009 -14, in the amount of $508,640, to the lowest responsible bidder, Mike Prlich Sons, Baldwin Park, California; and authorize a contingency of $76,300 (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 and Testing Services, in the amount of $77,056, within the agreement for On -Call Construction Management /Inspection/Engineering Services, for Sewer Rehabilitation on Grindlay Street, Ball Road, Moody Street, Bishop Street, and Cerritos Avenue, Public Works Project No. 2009 -14, to Jacobs Field Services North America, Inc. (Jacobs); and authorize a contingency of $11,500 (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. 9: ACCEPTANCE OF 2009/10 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2009 -08. Recommendation: That the City Council: 1) Accept the 2009/10 Slurry Seal Project, Public Works Project No. 2009 -08, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,453,581.68; and 2) Approve the final retention payment of $145,358.17 to American Asphalt South, Inc., Fontana, 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. 4 078 1 D 1 CITY COUNCIL MINUTES OCTOBER 25, 2010 079 Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of September, 2010. Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15171 THROUGH 15367. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. Recreation and Park District Matters: Item No. 12: CONSIDERATION OF UPDATES TO THE NON PROFIT CONTRIBUTION POLICY. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the updates to the Non Profit Contribution Policy to use for the next Non Profit Contribution Grant Request involving the 2011 -13 award cycle. Regarding Item No. 13: OVERVIEW OF CONCERTS ON THE GREEN AND NEW DIRECTION FOR 2011 SERIES, Council Member Luebben asked that the Recreation and Community Services Director provide further details on this matter in consideration of the issues raised tonight. The Recreation and Community Services Director provided background information on this item. Council Member Luebben commented on issues of concern in regard to this summer's Cypress Pops Orchestra concert series. Mayor Pro Tem Bailey stated that staff should be the coordinator of the summer concert dates and that he supports staff's recommendation. Mayor Narain commented on issues of concern with the Cypress Pops Orchestra concerts held in 2010, and that he would like the Cypress Pops Orchestra performances to continue. Council Member Luebben stated that there should still be some type of orchestra performance in the summer concerts series. It was moved by Mayor Pro Tem Bailey 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, approve the new direction for the 2011 Summer Concerts on the Green series in approving staff to directly contract for performers for four of the nine future summer concerts. 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. END OF CONSENT CALENDAR 5 CITY COUNCIL MINUTES OCTOBER 25, 2010 RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 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: Chaired an O.C. Sanitation District Administration Committee meeting. Attended an O.C. Sanitation District Strategic Planning meeting. Commented on his son's participation at `The Lounge" Cypress /La Palma Teen Dance. Mayor Pro Tem Bailey: Attended a meeting at the Joint Forces Training Base. Attended a BRACE visit. Attended an O.C. Vector Control meeting. Attended a Cypress High School Football fundraiser at the Cypress Community Center. Attended the Red Ribbon Week breakfast. Council Member Mills: Announced the Veteran's Day Tribute to be held at the Cypress Senior Citizens Center on November 10, 2010. Attended a Cypress/Los Alamitos Networking Breakfast. Attended a South Coast Air Quality Management District meeting. Attended the O.C. Division League of California Cities meeting. Attended a Legislative Committee meeting. Attended the UCLA Policy and Research Symposium. Attended the Volunteers in Policing recognition luncheon. Attended a community outreach meeting at the Naval Golf Course. Attended the AGENT Program Workshop. Attended the Challenges and Solutions to Managing Cell Phone Coverage in your City workshop. Attended the Red Ribbon Week breakfast. Council Member Seymore: Attended the Job Fair at the Cypress Community Center. Met with Eagle Scout Chase Steffien. Attended the O.C. Division League of California Cities meeting. Attended the Volunteers in Policing recognition luncheon. Attended the ribbon cutting ceremony for Daiwa Corporation. Attended the Community Emergency Response Team (CERT) Program Graduation at the Joint Forces Training Base. Attended the Wings, Wheels, and Rotors Expo at the Joint Forces Training Base. Attended the Red Ribbon Week breakfast. Mayor Narain: Attended a BRACE visit. Attended a Mayor's meeting at the Joint Forces Training Base. Attended the Job Fair at the Cypress Community Center. Attended the O.C. Division League of California Cities meeting. Attended the Volunteers in Policing recognition luncheon. Attended a meeting with Quest Diagnostic. Attended an O.C. Sanitation District workshop. Attended the ribbon cutting ceremony for Daiwa Corporation. Attended the Red Ribbon Week breakfast. 6 080 1 CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Narain adjourned the me November 8, 2010, beginning at 5:30 p.m. in the Executiv ATTEST: Kkoxce_ fioaaiy) CITY CLERK OF THE CITY OF CYPRESS 7 OCTOBER 25, 2010 081 :41 p.m. to Monday, d Room. MAYOR F THE CITY OF CYP ESS