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Minutes 2011-04-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 11, 2011 A regular meeting of the Cypress City Council was called to order at 5:30 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 Phil Luebben Council /Agency Board Member Prakash Narain Members absent: Council /Agency Board Member Doug Bailey Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager /Director of Finance and Administrative Services Richard Storey Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Jackie Gomez Whiteley Assistant Director of Finance Administrative Services Matt Burton Planning Manager Doug Hawkins Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that the City Council would be holding a workshop to discuss an overview of public opinion and strategic research services in consideration of funding for recreation improvements. The Recreation and Community Services Director stated that the strategic research services would assist with identifying infrastructure improvements for current facilities along with the use /disposition of Cypress School District surplus sites. Bryan Godbe, Godbe Research, stated that the survey goals are to evaluate funding options and to get an unbiased assessment of the public's needs. He stated that the survey methodology would include 500 18- minute telephone surveys, cluster sampling, and data analysis. He indicated that the margin of error for the survey is 4 Council Member Luebben asked how Caller ID and residents screening their calls would affect the number of actual calls that would be made. Mr. Godbe responded that there would be significantly more calls made in order to achieve 500 total responses for the survey. Council Member Narain asked if cell phone calls could be made. Mr. Godbe responded in the affirmative as law allows for national research calls to cell phones. He further stated that an auto dialer may not be used for cell phone calls. Mayor Pro Tem Seymore expressed concern with the cluster sampling consisting of only 500 residents. 157 CITY COUNCIL MINUTES APRIL 11, 2011 Mr. Godbe assured that the cluster sampling methodology is scientific and state- of -the- art with a low error rate. He stated that over the course of his company's 25 years in business, there has been a 90% success rate. Mayor Mills asked if there would be an opportunity for the City Council and the public to provide input to the survey questions before the process begins. Mr. Godbe replied that the City Council would be involved in the survey development and that several representatives of the public could be involved in the input if the City Council so desired. Mayor Pro Tem Seymore asked if the survey questions would be publicized in the local newspapers in an effort to obtain a larger, faster response. Mr. Godbe replied that publicizing the survey questions in the local newspapers would increase the response rate, however, it is not recommended for a City the size of Cypress' as it creates a bias that is difficult to estimate. Council Member Luebben commented that he prefers that the City Council not alter or sway the survey process. Mr. Godbe reviewed the survey structure which includes public value of recreation, prioritization of recreation services, and two 75 -word ballot tests. He indicated the steps involved in the development of an action plan based on the survey data. Mr. Godbe stated that unbiased consideration would be given to the public's interest level and recreation priorities, along with election timing, bond amount, and ballot questions. Mayor Mills asked about the timeframe for the project. The Recreation and Community Services Director responded that there is an item on tonight's agenda for award of contract for the public opinion and research strategy consulting services which includes the scope of services. Part 1 would be within a six to eight week period and, depending upon the results of the survey, Part 2 would come later than that. Mayor Mills asked how the possible tax extension would affect the public's support of spending money on parks projects. Mr. Godbe replied that it would be determined in the initial survey with the option of doing a tracking survey. The Recreation and Community Services Director stated that Godbe Research was selected based on a Request for Proposal (RFP) process in which staff conducted interviews of several consultants. She commented that Godbe Research has extensive recreation and community services experience. Mr. Godbe responded in the affirmative. The Recreation and Community Services Director suggested that consideration of a representative from the Recreation and Senior Citizens Commissions as part of the survey development process. CLOSED SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company, Party Negotiating With: Warland Investments Company, Negotiating Party: City Manager, Assistant City Manager, and Director of 2 158 CITY COUNCIL MINUTES APRIL 11, 2011 159 Community Development, Under Negotiation: Terms and Conditions of Development Agreement. 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 6:10 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 Phil Luebben Council /Agency Board Member Prakash Narain Members absent: Council /Agency Board Member Doug Bailey Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager /Director of Finance and Administrative Services Richard Storey Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Jackie Gomez Whiteley Police Lieutenant Jeff Kepley Planning Manager Doug Hawkins Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Water Quality Manager Gonzalo Vazquez Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills. 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 to discuss an overview of public opinion and strategic research services in consideration of funding for recreation improvements. 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 Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company, Party Negotiating With: Warland Investments Company, Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development, Under Negotiation: Terms and Conditions of Development 3 CITY COUNCIL MINUTES APRIL 11, 2011 Agreement. He stated that a privileged and confidential briefing on ongoing negotiations was provided and that a responding letter to a recent proposal was reviewed with the City Council. He stated that suggested modifications were recommended and approved by the City Council, and that the City Council unanimously authorized that the responding letter of the City, as amended, be delivered back to the property owners. 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 tentative agreement has been reached on the terms and conditions of the Memorandum of Understanding and that the negotiating strategy recommended by legal counsel and staff was reviewed and unanimously reaffirmed by the City Council. 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. None. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 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 Luebben and seconded by Mayor Pro Tem Seymore, to approve Consent Calendar Items No. 1 through 9. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 28, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of March 28, 2011, 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 APRIL 16, 2011 AS "ARBOR DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 16, 2011 as "Arbor Day" in the City of Cypress. 4 160 CITY COUNCIL MINUTES APRIL 11, 2011 Item No. 4: A REQUEST FOR CITY COUNCIL APPROVAL TO FILE AN ABATEMENT LIEN TO RECOVER EXPENSES ASSOCIATED WITH CODE ENFORCEMENT ABATEMENT ACTIVITIES FOR THE PROPERTY LOCATED AT 5662 VONNIE LANE IN THE RM -15 RESIDENTIAL MULTI FAMILY ZONE. Recommendation: That the City Council authorize the City Attorney to file an Abatement Lien in the amount of $7,610.35 for the recovery of Code Enforcement abatement costs for the property located at 5662 Vonnie Lane. Item No. 5: APPROVAL OF AGREEMENT TO FUND IMPLEMENTATION OF WATER QUALITY MONITORING, REPORTING, AND STUDIES TO COMPLY WITH THE REQUIREMENTS OF THE SAN GABRIEL RIVER/COYOTE CREEK TOTAL MAXIMUM DAILY LOADS (TMDLS) FOR COPPER, LEAD, AND ZINC. Recommendation: That the City Council approve the agreement with the County of Orange to fund implementation of annual water quality monitoring, reporting, and studies to comply with the requirements of the San Gabriel River /Coyote Creek Total Maximum Daily Loads (TMDLs) for copper, lead, and zinc. Item No. 6: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VALLEY VIEW FIBER OPTIC INSTALLATION PROJECT, PUBLIC WORKS PROJECT NO. 2009 -10. Recommendation: That the City Council: 1) Award a construction contract for the Valley View Fiber Optic Installation Project, Public Works Project No. 2009 -10, in the amount of $270,831.30, to the lowest responsible bidder, Steiny and Company, Inc., Baldwin Park, California, authorize a contingency of $40,625 (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 $32,308 within the agreement for On -Call Construction Management/Inspection /Engineering Services, for the Valley View Fiber Optic Installation Project No. 2009 -10, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $4,846 (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: ACCEPTANCE OF THE INSTALLATION OF THE DESIGN /BUILD CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM FOR THE POLICE DEPARTMENT, PUBLIC WORKS PROJECT NO. 2010 -16. Recommendation: That the City Council: 1) Accept the installation of the Design /Build of a Closed Circuit Television (CCTV) System for the Police Department, Public Works Project No. 2010 -16, as being satisfactorily completed in conformance with the project specifications, in the final amount of $215,682.64; and 2) Approve the final retention payment of $21,568.26 to Leverage Information Systems, 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. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17243 THROUGH 17403. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. Recreation Park District Matters: Item No. 9: APPROVAL OF FUND APPROPRIATIONS AND AWARD OF CONTRACT FOR PUBLIC OPINION AND RESEARCH STRATEGY CONSULTING SERVICES. 5 161 CITY COUNCIL MINUTES APRIL 11, 2011 Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Appropriate funds in the amount of $25,630 from the District's Unreserved, Undesignated General Fund and transfer to the Recreation and Park District's Private Contract Services account within the Recreation Administration Program (212- 90301.4187_100); and 2) Award a contract for consulting services to Godbe Research in the amount not to exceed $25,630 for the purpose of public opinion research and research strategy information related to public financing options for Recreation infrastructure and improvements. NEW BUSINESS: END OF CONSENT CALENDAR Item No. 10: INTRODUCTION OF ORDINANCE AMENDING CHAPTER 3 OF THE CYPRESS MUNICIPAL CODE "ANIMALS AND FOWL RELATING TO THE RESTRAINT OF DOGS AND DECLARATION AND POSSESSION OF VICIOUS OR POTENTIALLY DANGEROUS DOGS IN THE CITY OF CYPRESS. It was moved by Council Member Luebben and seconded by Council Member Narain, that the City Council introduce for first reading the Ordinance by title only, amending Chapter 3 of the Cypress Municipal Code "Animals and Fowl relating to the restraint of dogs and declaration and possession of vicious or potentially dangerous dogs in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 3 OF THE CYPRESS MUNICIPAL CODE "ANIMALS AND FOWL RELATING TO THE RESTRAINT OF DOGS AND DECLARATION AND POSSESSION OF VICIOUS OR POTENTIALLY DANGEROUS DOGS IN THE CITY OF CYPRESS. 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: Chaired a SCAG Audit Committee meeting. Attended a SCAG Energy and Environment Committee meeting. Attended a youth swim meet at Golden West College, 6 162 CITY COUNCIL MINUTES APRIL 11, 2011 163 Mayor Pro Tem Seymore: Attended a meeting with the North Orange County Community College District. Council Member Narain: Attended an O.C. Public Library Advisory Board meeting. Mayor Mills: Asked Captain Gomez Whiteley about discarding unused prescription medications. The Police Captain provided information on an upcoming medication disposal program to be held at the Cypress Police Department on April 30, 2011. Met with Dr. Jessica Hawkins, Stanford University. Attended the City of Stanton Prayer Breakfast. Attended an Association of California Cities -O.C. Redevelopment Task Force meeting. Attended a SCAG Audit Committee Meeting. Attended a ribbon cutting ceremony for Tuesday Morning. Attended a SCAG Transportation Committee meeting. Attended a Sustained Communities workshop. Attended the Cypress Village pancake breakfast. Attended the swearing in of new Police Officer Leona Davis where he also presented Sergeant Robert Cote with a Certificate of Special Recognition. ITEMS FROM CITY MANAGER: The City Manager announced that the recruitment to fill Commission vacancies for 2011 is in process and that applications would be accepted through April 29, 2011. ADJOURNMENT: Mayor Mills adjourned the meeting at 7:18 p.m. to Monday, April 25, 2011, beginning at 5:30 p.m. in the Executive Board Ro ATTEST: fu lLcae Octiv‘auy) CITY CLERK OF THE CITY OF CYPRESS 7 MAYOR 'a F THE CITY OF CYPRESS