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Minutes 2011-03-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 14, 2011 A regular meeting of the Cypress City Council was called to order at 5:31 p.m. by Mayor Mills in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Leroy Mills Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Doug Bailey Council /Agency Board Member Phil Luebben Council /Agency Board Member Prakash Narain (arrived at 5:37 p.m.) Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Attorney Lindsay Tabaian 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 Director of Finance and Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that the City Council would be holding a workshop to discuss consideration of Non Profit Contribution Grant requests for Fiscal Years 2011 -12 and 2012 -13. The Recreation and Community Services Director stated that the Non Profit Contribution Grant policy has been in effect for several years, with periodic updates. She thanked staff members Dena Diggins, Recreation Superintendent, and Jeff Draper, Recreation Supervisor, for their assistance with the policy. The Recreation and Community Services Director indicated that the highest priority for non profit support is given to groups with 55 residency and that the maximum facility uses is up to 15 per group. The Recreation and Community Services Director reviewed the criteria for grant awards including the maintenance of the City's fiscal management, loss of revenue associated with facility fee waivers, residency requirements, and non profit status. She assured that staff is mindful to avoid duplicative or overlapping services and programs. The Recreation and Community Services Director displayed a chart depicting the 22 groups that represent the 2011 -2013 non profit organizations, noting that St. Irenaeus Church has a 41% residency rate which equates to 5,229 residents. She stated that residency and groups' financial balances are taken into consideration when granting awards. 141 CITY COUNCIL MINUTES MARCH 14, 2011 Council Member Luebben expressed his surprise that the two senior clubs have low residency rates and asked which cities are represented in the clubs. The Recreation Supervisor responded that participants for the two senior clubs are predominately from the cities of La Palma and Anaheim, with a few from Torrance. The Recreation and Community Services Director stated that there is nearly $1 million in total direct and indirect requests for the next two -year cycle. Council Member Bailey asked for clarification on the total direct funds. The Recreation and Community Services Director indicated that the total direct funding requests are $55,774 and the total indirect funding requests are $890,618 over the next two years. She reviewed the synopsis of direct funding requests for Fiscal Years 2011- 2013 and stated that the recommended direct funding is $29,424 per year. The Recreation and Community Services Director informed that $10,000 for the new summer concerts program direction would be budgeted annually in the Cultural Arts portion of the City's budget. She clarified that the $2,312 direct funding to the Cypress Chamber of Commerce is for payment to the banner vendor for the installation of 68 Red Ribbon Week banners which has been paid annually by the City for the past several years. The Recreation and Community Services Director stated that there is an increase in funds of up to $900 for lighting costs for the Friends of Cypress Cultural Arts (FOCCA) summer concerts. Mayor Pro Tem Seymore asked if the concert lighting would be a purchase or rental. The Recreation and Community Services Director responded that the concert lighting would be rented. Council Member Luebben asked for clarification on the recommended direct funding for the Cypress Children's Advocacy Council. The Recreation and Community Services Director stated that a portion of the proceeds from the 5K/10K Run are donated to the Cypress Children's Advocacy Council and that reduced funding is recommended for the group. Council Member Bailey inquired about the $3,000 grant that the City assisted the Cypress Children's Advocacy Council in receiving. The Recreation and Community Services Director responded that the Cypress Children's Advocacy Council received a Bandai Foundation grant. The Recreation and Community Services Director stated that reduced funding is recommended for the Cypress Art League. She stated that for the past several years the City had been paying $500 above and beyond the group's grant request for the Mayor's Award and the Best of Show Award. The Recreation and Community Services Director indicated that no direct funding is being recommended for the Cypress Civic Theatre Guild and the Sounds of Cypress. She stated that the City is contracting individually for four summer concerts and awarding a grant to the Sounds of Cypress would be a duplicative service. Council Member Narain how the Cypress Civic Theatre Guild's funding would be affected should they find a permanent venue. The Recreation and Community Services Director stated that she does not have an update on the Cypress Civic Theatre Guild's relocation issues, however, the group would have an opportunity to request funding from the City Council on an emergency basis. 2 142 CITY COUNCIL MINUTES MARCH 14, 2011 143 Council Member Luebben stated that he would support staff's direct funding recommendations. Council Member Bailey asked for clarification as to why the Cypress Children's Advocacy Council's receipt of the Bandai Foundation grant would justify a grant award reduction. The Recreation and Community Services Director stated that the Cypress Children's Advocacy Council's annual operational budget is approximately $3,000. She indicated that the group received an additional $5,000 donation from the Bandai Foundation for use towards the Cypress Youth Challenger Basketball program. Mayor Pro Tem Seymore asked for clarification in regard to the reduction of direct funding to the Cypress Community Festival Association. The Recreation and Community Services Director responded that, in accordance with the Cypress Community Festival Association bylaws, the group has the ability to collect 10% of the profits from its primary groups if the Community Festival does not make a profit. Council Member Bailey asked for clarification on staff's guidelines for duplicity of direct funding services and non fee -based opportunities offered by non profit groups. The Recreation and Community Services Director stated that deference would be given to the City and reasonable consideration would be given to non profit group offerings and informed of areas of funding that are in partnership, not duplicity. The City Council unanimously agreed with the direct funding recommendations. The Recreation and Community Services Director stated that nearly $900,000 in indirect funds was awarded during the past two -year cycle. She stated that the Friends of Cypress Recreation and Parks, Inc. and the Cypress Pops Orchestra did not apply for indirect grant funding, and that AYSO had a reduction in facility uses, representing a total value of nearly $70,000. She reviewed the synopsis of indirect funding requests for Fiscal Years 2011 -2013 and stated that the recommended indirect funding is $793,101. The Recreation and Community Services Director indicated that the Sounds of Cypress has been contracted to perform the first summer concert and that the group would need use of the two large community rooms for rehearsals. She stated that if the group is not able to obtain its 501(c)3 status, their indirect funding request would be denied as the City would not be able to waive fees for a non valid non profit group. The Recreation and Community Services Director stated that Soroptimist of Cypress' request is a new indirect funding request and staff determined that the group's fundraising is a 100% returned benefit to the City. The Recreation and Community Services Director reviewed the indirect funding requests from the Advisory Committee on Use of Athletic Facilities (ACUAF) groups. Council Member Bailey asked about the $16,380 indirect funding request from Cypress Futbol. The Recreation and Community Services Director stated that Cypress Futbol's request is for City field use at Oak Knoll Park and that staff is recommending zero indirect funding for the group based on field unavailability and their group's financial balance. Council Member Bailey suggested that St. Irenaeus Church's indirect funding be increased by $200 to total $828 annually. Council Member Luebben expressed his opposition to granting St. Irenaeus Church indirect funding of $828. 3 CITY COUNCIL MINUTES MARCH 14, 2011 Mayor Mills expressed his support of granting St. Irenaeus Church indirect funding of $828. The City Council approved 4 to 1 (Council Member Luebben voting no) to grant St. Irenaeus Church indirect funding of $828. The City Council unanimously approved the remaining indirect funding recommendations. 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: One. 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 Numbers 30- 2008 00103466 and 30- 2009 00118968, Orange County Superior Court. At 6:25 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 7:08 p.m. by Mayor Mills. Members present: Mayor /Agency Chair Leroy Mills Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Doug Bailey Council /Agency Board Member Phil Luebben Council /Agency Board Member Prakash Narain Staff present: City Manager John Bahorski City Attorney William Wynder 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 Director of Finance and Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Seymore. 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 City Council held a workshop regarding consideration of Non Profit Contribution Grant requests for Fiscal Years 2011 -12 and 2012 -13. He stated that the Recreation and Community Services Director provided the City Council with a staff report on funding requests. He stated that the City Council reviewed indirect and direct funding and approved staff's recommendations with minor modifications. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. 4 144 CITY COUNCIL MINUTES MARCH 14, 2011 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: One. He stated that a privileged and confidential briefing was provided, questions were answered, and legal advice provided. No reportable action was taken nor was any taken. 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 Numbers 30- 2008 00103466 and 30- 2009 00118968, Orange County Superior Court. He stated that a draft Memorandum of Understanding was discussed and that the Mandatory Settlement Conference has been rescheduled. 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 Mills asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Mary Crowder, Cypress, spoke regarding vehicles speeding on Reefton Avenue and conduct at recent City Council meetings. 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: A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -02 AND TENTATIVE TRACT MAP NO. 17411, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT SIXTEEN (16) CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 8672 AND 8692 BELMONT STREET IN THE RM -20 RESIDENTIAL MULTIPLE FAMILY ZONE. The Planning Manager provided background information on this item. Mayor Mills inquired about the installation of an anti siphon valve. The Planning Manager stated that an anti siphon valve will be provided and that it would be inconspicuous from the front of the property. Mayor Pro Tem Seymore clarified that there are only two three bedroom units. The public hearing was opened. The applicant, Denise McFall, Bonanni Development, stated that they were in agreement with the conditions of approval. Council Member Luebben asked about the length of construction. Ed Bonanni, Bonanni Development, stated that construction would last approximately nine months from approval. He stated that there are some sale restrictions on the corner of Belmont Street. The Planning Manager stated it would take approximately three to four months to get through plan check and the County of Orange for the Tentative Tract Map. Mayor Mills asked about the price range of the properties. Mr. Bonanni responded that the properties are expected to sell for approximately $350,000. 5 145 CITY COUNCIL MINUTES MARCH 14, 2011 Mayor Mills asked if there was anyone who wished to speak in favor of the item. Mayor Mills asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member Luebben asked if there would be any affordable housing units in the project. The Planning Manager stated that the development is not located within a redevelopment project area and does not require affordable housing units. Mayor Pro Tem Seymore inquired about the block wall fencing height. The Planning Manager stated that the block wall fencing height may be up to 7', as per the City Code, however, 6' is being proposed at this time. It was moved by Council Member Narain and seconded by Council Member Luebben, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2011 -02 and Tentative Tract Map No. 17411, subject to the conditions in Exhibit "A" of the Resolutions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2011 -02 WITH CONDITIONS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 17411 WITH CONDITIONS. CONSENT CALENDAR: RESOLUTION NO. 6240 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 Mayor Pro Tem Seymore and seconded by Council Member Bailey, to approve Consent Calendar Items No. 2 through 7. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 28, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of February 28, 2011, 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. 6 146 CITY COUNCIL MINUTES MARCH 14, 2011 Item No. 4: ADOPTION OF RESOLUTION FOR CANDIDATE ORANGE COUNTY COMPREHENSIVE TRANSPORTATION PROGRAMS PROJECTS Recommendation: That the City Council adopt the Resolution by title only, approving submittal of the Cerritos Avenue (East) Walker Street Widening Project to the Orange County Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program (CTFP). RESOLUTION NO. 6241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, FOR CANDIDATE ORANGE COUNTY COMPREHENSIVE TRANSPORTATION PROGRAMS PROJECTS. Item No. 5: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION ON LA SALLE STREET, BELMONT STREET, AND LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2009 -12. Recommendation: That the City Council: 1) Award a construction contract for Sewer Rehabilitation on La Salle Street, Belmont Street, and Lincoln Avenue, Public Works Project No. 2009 -12, in the amount of $60,889.52, to the lowest responsible bidder, Mike Prlich Sons, Baldwin Park, California, and authorize a contingency of $9,100 (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 $7,645, within the agreement for On -Call Construction Management/Inspection /Engineering Services, for Sewer Rehabilitation on La Salle Street, Belmont Street, and Lincoln Avenue, Public Works Project No. 2009 -12, to Jacobs Field Services North America, Inc. (Jacobs), and authorize a contingency of $1,100 (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. 6: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION ON WATSON STREET, DE LONG STREET, AND CRESCENT AVENUE, PUBLIC WORKS PROJECT NO. 2009 -13. Recommendation: That the City Council: 1) Award a construction contract for Sewer Rehabilitation on Watson Street, DeLong Street, and Crescent Avenue, Public Works Project No. 2009 -13, in the amount of $291,857, to the lowest responsible bidder, Charles King Company, Signal Hill, California, and authorize a contingency of $43,800 (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 $34,979, within the agreement for On -Call Construction Management/Inspection /Engineering Services, for Sewer Rehabilitation on Watson Street, DeLong Street, and Crescent Avenue, Public Works Project No. 2009 -13, to Jacobs Field Services North America, Inc. (Jacobs), and authorize a contingency of $5,200 (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. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 16867 THROUGH 17089. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. NEW BUSINESS: No items. END OF CONSENT CALENDAR 7 147 CITY COUNCIL MINUTES MARCH 14, 2011 148 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 Mills requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended a SCAG Energy and Environment Committee meeting. Attended a Southern California Edison customer breakfast meeting. Met with the City's Southern California Edison representative Janelle Froisland. Asked the Chief of Police about the City's policy for impounding and towing vehicles during sobriety check points. The Chief of Police provided information on the City's policy and assured that other actions are taken into consideration before a vehicle is towed. Council Member Luebben discussed comments made during Oral Communications by Mary Crowder and responses he has received from members of the community. Mayor Pro Tem Seymore: Participated in the City's e-waste program held at City Hall. Attended an Association of California Cities Orange County meeting. Council Member Bailey: Attended an Association of California Cities Orange County meeting. Attended an O.C. Vector Control meeting. Council Member Narain: Attended an O.C. Sanitation District Administration Committee meeting. Attended an Association of California Cities Orange County meeting. Mayor Mills: Introduced Yatin Jain, California State University of Long Beach, and Garrett Ernst, Cypress High School. Attended a SCAG Transportation and Regional Council meeting. Attended an Association of California Cities Orange County Legislative Committee meeting. Met with Dave Simpson, OCCOG Executive Director. Conducted a special City Council meeting regarding protection of local control and financial resources from Sacramento relating to redevelopment agencies. Attended the Cypress Chamber of Commerce Networking breakfast. Attended the 24 Annual Law Enforcement and Prosecutor Recognition luncheon at the Nixon Library where Officer Morales was recognized. Attended an Association of California Cities Orange County meeting. Attended an artist display at the Cypress Community Center. Represented Cypress today at the hero mission for Sergeant Jason Weaver. 8 CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: The City Manager stated that information will be posted on the City's website regarding the earthquake and nuclear disaster in Japan. ADJOURNMENT: Mayor Mills adjourned the mee ing at 7:49 p.m. to Monday, March 28, 2011, beginning at 5:30 p.m. in the Executive oar J. i t MA 1 OF THE CI OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9 MARCH 14, 2011 149