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Minutes 2011-03-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 28, 2011 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Mills in the Council Chambers, 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 Staff present: City Manager John Bahorski City Attorney William Wynder ORAL COMMUNICATIONS: None. CLOSED SESSION: 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. 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 7:00 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 Assistant City Manager /Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Jackie Gomez Whiteley Police Lieutenant Jeff Kepley 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 Camp Fire USA. INVOCATION: The invocation was given by City Attorney Wynder. 150 CITY COUNCIL MINUTES MARCH 28, 2011 151 PRESENTATIONS: Mayor Mills presented a proclamation to Paul Phillips and staff at the West Cities Police Communications Center proclaiming the week of April 10 -16, 2011 as "National Public Safety Dispatcher Week" in the City of Cypress. Mayor Mills presented a proclamation to Denise Anderson, Donate Life California, proclaiming the month of April 2011 as "DMV /Donate Life California Month" in the City of Cypress. Mayor Mills presented a Certificate of Special Recognition to Cypress Police Officer Morales in recognition of his volunteer efforts with MADD. Mayor Mills presented a Certificate of Special Recognition to Officer Lee in recognition of his lifesaving efforts. Mayor Mills presented a Certificate of Special Recognition to Sergeant Timney, and commended Sergeant Cote who was not in attendance, for their lifesaving efforts. 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 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 regarding a meeting held with the City and the North Orange County Community College District and that no action was taken pending further developments. 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. Don Seward, Cypress, commended the Volunteers in Policing and the vacation home check program. 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 -03, A REQUEST TO ESTABLISH A BINGO GAMING OPERATION WITHIN AN EXISTING OFFICE BUILDING LOCATED AT 5856 CORPORATE AVENUE IN THE PC -5 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided background information on this item. The public hearing was opened. The applicant, Barbara Shook, Cypress High School Athletic Boosters Club, stated that she accepts the conditions of approval and thanked staff for their assistance with the process. 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. 2 CITY COUNCIL MINUTES MARCH 28, 2011 152 The public hearing was closed. It was moved by Council Member Bailey and seconded by Council Member Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2011 -03, subject to the conditions in Exhibit "A" of the Resolution. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore and Mills NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2011 -03 WITH CONDITIONS. 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 Mayor Pro Tem Seymore and seconded by Council Member Bailey, to approve Consent Calendar Items No. 2 through 16. 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 MEETINGS OF MARCH 8 AND MARCH 14, 2011. Recommendation: That the City Council approve the Minutes of the Meetings of March 8 and March 14, 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. Item No. 4: PROCLAIMING THE WEEK OF APRIL 10 -16, 2011 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 10 -16, 2011 as "National Public Safety Dispatcher Week" in the City of Cypress. Item No. 5: PROCLAIMING THE MONTH OF APRIL 2011 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the month of April 2011 as "DMV /Donate Life California Month" in the City of Cypress. Item No. 6: PROCLAIMING THE WEEK OF WEEK OF MAY 1 -8, 2011 AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 1 -8, 2011 as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress. 3 CITY COUNCIL MINUTES MARCH 28, 2011 Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR LEFT TURN SIGNAL MODIFICATION ON VALLEY VIEW STREET AT ORANGEWOOD AVENUE AND FRED DRIVE, PUBLIC WORKS PROJECT NO. 2010 -10. Recommendation: That the City Council approve the plans and specifications for Left Turn Signal Modification on Valley View Street at Orangewood Avenue and Fred Drive, Public Works Project No. 2010 -10. Item No. 8: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE MOODY STREET BEAUTIFICATION PROJECT, PUBLIC WORKS PROJECT NO. 2008 -04. Recommendation: That the City Council: 1) Award a contract for the Moody Street Beautification Project, Public Works Project No. 2008 -04, in the amount of $1,225,000, to the lowest responsible bidder All- American Asphalt, Corona, California, authorize a contingency of $183,750 (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 Management and Inspection Services, in the amount of $154,073, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for the Moody Street Beautification Project, Public Works Project No. 2008 -04, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $23,110 (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 THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Recommendation: That the City Council receive and file the Auditor's Letter to City Council. Item No. 10: ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Recommendation: That the City Council receive and file the report on Agreed -Upon Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending June 30, 2011. Item No. 11: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Recommendation: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2010. Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2011. Recommendation: That the City Council receive and file the Investment Report for the month of February, 2011. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17090 THROUGH 17242. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. Recreation Park District Matters: Item No. 14: ACCEPTANCE OF THE CYPRESS RECREATION AND PARK DISTRICT'S AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2010. 4 153 CITY COUNCIL MINUTES MARCH 28, 2011 Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the Auditor's Letter to City Council. Item No. 15: ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed -Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the Fiscal Year Ending June 30, 2011. Item No. 16: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Recommendation: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report. END OF CONSENT CALENDAR NEW BUSINESS: No items. 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. It was moved by Agency Vice Chair Seymore and seconded by Agency Board Member Narain, to approve Consent Calendar Item No. 17. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Mills, Seymore and Mills NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Consent Calendar: Item No. 17: LOW AND MODERATE INCOME HOUSING FUND APPROPRIATION. Recommendation: That the Cypress Redevelopment Agency approve an appropriation for consulting services relating to the Agency -owned property located at 6122 Lincoln Avenue from the unreserved fund balance of the Low and Moderate Income Housing Fund in the amount of $15,000 to account number 451-61197.4189_008. END OF CONSENT CALENDAR 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. 5 154 CITY COUNCIL MINUTES MARCH 28, 2011 155 Council Member Luebben: Spoke regarding a newspaper article on pension costs affecting cities, commended the Assistant City Manager /Director of Finance and Administrative Services and his staff, and asked for an update on future impacts to the City. The Assistant City Manager /Director of Finance and Administrative Services stated that the City is currently 93% funded for pension costs compared to previously being fully funded. He stated that actuarial studies show pension cost increases over the next three years and that information could be provided for the City Council during a workshop or during the budget presentation. Council Member Bailey asked about placing the $2 million in reserves into the Public Employees' Retirement System (PERS). The Assistant City Manager /Director of Finance and Administrative Services responded that it is not actuary required and that the City prefers to maintain control of the funds. Spoke regarding a newspaper article about the City of Placentia considering the e- verify program that allows employers to check the legal residency of employees and contractors, and asked the Public Works Director why the City does not participate in the program. The Public Works Director replied that e- verify will be considered in year two of the City's goals and objectives. Mayor Pro Tem Seymore: Met with a Huntington Beach 3rd grade student for a school interview. Attended an O.C. Fire Authority Board meeting. Attended the Bandai Corporation fundraising event for earthquake victims in Japan. Council Member Bailey: Attended a tour at Mitsubishi Motors of new electric vehicles. Attended a BRACE visit to CTS Cement. Attended a BRACE visit to GES Global Systems. Attended a meeting with Anaheim Union High School District. Attended the Bandai Corporation fundraising event for earthquake victims in Japan. Attended the Rotary Club of Cypress' spaghetti dinner fundraiser. Council Member Narain: Attended an O.C. Sanitation District meeting. Attended the Bandai Corporation fundraising event for earthquake victims in Japan. Stated that March 30 is Doctor's Appreciation Day. Mayor Mills: Represented the City at the Cypress College Accreditation Reception. Attended a tour at Mitsubishi Motors of new electric vehicles. Attended the Cypress Chamber of Commerce Student Mentoring breakfast. Attended a BRACE visit to CTS Cement. Attended a community outreach program at the Joint Forces Training Base. Along with staff, provided input on the superintendent recruitment for the Cypress School District. Attended a Redevelopment Task Force meeting. Attended the farewell festivities for Laura Herzog at the Joint Forces Training Base. Attended a BRACE visit to GES Global Systems. Attended a Regional Military Affairs Committee meeting. Attended an OCCOG Board of Directors meeting. Attended a Legislative Committee meeting. Attended the Bandai Corporation fundraising event for earthquake victims in Japan. Attended the Rotary Club of Cypress' spaghetti dinner fundraiser. ITEMS FROM CITY MANAGER: No items. 6 CITY COUNCIL MINUTES MARCH 28, 2011 156 ADJOURNMENT: Mayor Mills adjourned the meeting at 7:54 p.m. to Monday, April 11, 2011, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAY OF THE CITY OF CYPRESS