Loading...
Minutes 2011-04-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 25, 2011 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Pro Tem Seymore in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: 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 Members absent: Mayor /Agency Chair Leroy Mills Staff present: City Manager John Bahorski City Attorney William Wynder ORAL COMMUNICATIONS: None. CLOSED SESSION: The City Attorney reported that the 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, would not be held. 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 6:32 p.m., the Mayor Pro Tem 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 Pro Tem Seymore. Members present: 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 Members absent: Mayor /Agency Chair Leroy Mills 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 Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Information Systems Manager Don Casados Water Quality Manager Gonzalo Vazquez Recreation Supervisor Jenni Worsham Administrative Services Manager Andrew Tse City Clerk Denise Basham 164 CITY COUNCIL MINUTES APRIL 25, 2011 165 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Narain. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Police Captain introduced new Cypress Police Officer Leona Davis. Mayor Pro Tem Seymore presented Cypress Police Officer Paulo Morales with a Certificate of Special Recognition for his receiving the Crime Survivors Award. Mayor Pro Tem Seymore presented a Certificate of Special Recognition to Terry Van Cleave, Mary Kay Inc., for their support of City and community programs. Don Hansen, Director, O.C. Transportation Authority, presented a Resolution of Appreciation to the City from the Orange County Transportation Authority. Marilyn MacDougall, Executive Director, Orange County Sheriff's Advisory Council, made a presentation to the City Council regarding the Peace Officers Memorial. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: Mayor Pro Tem Seymore 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 independent survey and analysis results were provided to the City Council. No reportable action was taken nor was any solicited. The City Attorney stated that the 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, was not held. 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 Pro Tem Seymore asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. The following spoke regarding Agenda Item Nos. 4 and 5: Robert Huling, Bellflower Dean Langwiser, Los Alamitos Diane Amendola, Huntington Beach Susan Murphy, Cypress Gwen Lattin, Cypress Bruce Gustafson, Cypress The City Attorney provided clarification on Agenda Item Nos. 4 and 5. 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 GENERAL PLAN AMENDMENT NO. 2011 -01 AND ZONING ORDINANCE AMENDMENT NO. 2011 -01, A CITY INITIATED ACTION TO AMEND THE CITY'S GENERAL PLAN AND ZONING ORDINANCE TO COMPLY WITH CURRENT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 2 CITY COUNCIL MINUTES APRIL 25, 2011 166 The Planning Manager provided background information on this item. Council Member Bailey asked if surrounding cities are taking the same actions. The Planning Manager stated that most cities will be required to do these improvements by May, 2011. Council Member Luebben asked who staff worked with to develop the language of the amendment. The Planning Manager replied that the language was created by staff with legal review by the City Attorney's office. The public hearing was opened. Mayor Pro Tem Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Pro Tem Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Bailey and seconded by Mayor Pro Tem Seymore, that the City Council adopt the Resolution by title only, approving General Plan Amendment No. 2011 -01 and introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2011 -01. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills RESOLUTION NO. 6243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 2011 -01, ADOPTING ADDITIONAL WATER QUALITY GOALS AND POLICIES WITHIN THE LAND USE AND CONSERVATION /OPEN SPACE/ RECREATION ELEMENTS OF THE CITY'S GENERAL PLAN. CONSENT CALENDAR: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2011 -01 TO MODIFY SECTION 3.10.130 OF THE CYPRESS ZONING CODE. 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 Bailey requested Agenda Item No. 4 and 5 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, to approve Consent Calendar Items No. 2, 3, and 6 through 15. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills 3 CITY COUNCIL MINUTES APRIL 25, 2011 167 Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 11, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of April 11, 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. 6: PROCLAIMING THE WEEK OF MAY 15 -21, 2011 AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 15 -21, 2011 as "National Police Week" in the City of Cypress. Item No. 7: PROCLAIMING THE WEEK OF MAY 15 -21, 2011 AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 15 -21, 2011 as "National Public Works Week" in the City of Cypress. Item No. 8: PROCLAIMING THE WEEK OF MAY 1 -7, 2011 AS "MUNICIPAL CLERKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of May 1 -7, 2011 as "Municipal Clerks Week" in the City of Cypress. Item No. 9: APPROVAL OF AMENDMENT TWO TO COOPERATION AGREEMENT TO ALLOW PARTICIPATION IN THE URBAN COUNTY CDBG AND HOME PROGRAMS FOR FISCAL YEARS 2012 -2014. Recommendation: That the City Council: 1) Authorize the City's continued participation in the Urban County CDBG and HOME Programs for Fiscal Years 2012 -2014 through adoption of the Resolution by title only, title as follows, approving Amendment Two to the Cooperation Agreement with the County of Orange; and 2) Authorize the Mayor to sign Amendment Two on behalf of the Cypress City Council. RESOLUTION NO. 6245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS WITH THE COUNTY OF ORANGE. Item No. 10: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2010 -14. Recommendation: That the City Council: 1) Award a contract for the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14, in the amount of $1,094,985, to the lowest responsible bidder Sully Miller Contracting, authorize a contingency of $164,248 (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 Services, in the amount of $96,385, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $14,458 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. 4 CITY COUNCIL MINUTES APRIL 25, 2011 Item No. 11: AWARD OF CONTRACT FOR REPLACEMENT OF PERSONAL COMPUTERS AND MICROSOFT SOFTWARE. Recommendation: That the City Council: 1) Approve an award of contract for 155 desktop computers and 15 notebook computers to GST, 13043 East 166 Street, Cerritos, CA 90703, for an amount not to exceed $109,932.37; and 2) Approve an award of contract for ten desktop computers and Microsoft software licenses to PC Mall Gov, Inc., 2555 W. 190 Street, Torrance, CA 90504, for an amount not to exceed $118,809.11. Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2011. Recommendation: That the City Council receive and file the Investment Report for the month of March, 2011. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17404 THROUGH 17550. 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 MARY KAY DONATION AND APPROPRIATION OF FUNDS FOR PURCHASE OF AN ARBOR DAY TREE FOR A CITY PARK. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Formally accept a donation in the amount of $250.00 from Mary Kay; and 2) Increase estimated revenue to 3713 -12 (Donations) by $250.00 and increase appropriations by $250.00 to 212- 90301.4103_004 (Activity Supplies) for the purchase of an Arbor Day tree for placement in a City park. Item No. 15: APPROVAL OF FUND TRANSFER FOR A CITY SPONSORED CONCERT TO BE HELD ON JUNE 11, 2011. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, appropriate a total of $3,500 from the Recreation and Park District Unreserved General Fund to the following accounts: a) $2,400 to account 212 90314.4187_024 (Contract Services) for entertainment, sound, and lighting and b) $1,100 to account 212 90314.4103_004 for signage and supplies. Regarding Item No. 4: SECOND READING 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, Council Member Bailey requested clarification that the City's current leash law requires that dogs be on a leash not exceeding 6', and that there have not been arrests for such violation. The Administrative Services Manager responded that intent of the Ordinance is to hold dog owners responsible and that a misleading newspaper article was published that the City is banning dogs in parks. He assured that that is not the case. Council Member Luebben stated that the County of Orange Ordinance that was adopted several years ago was slightly modified to address recent issues related to vicious dogs. He stated that dogs have always been allowed in green areas of the parks, and that would not change. Council Member Luebben commented that a local newspaper article misinterpreted the intent of the Ordinance. 5 168 CITY COUNCIL MINUTES APRIL 25, 2011 It was moved by Council Member Bailey and seconded by Council Member Luebben, that the City Council adopt 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: Bailey, Luebben, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills ORDINANCE NO. 1125 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. Item No. 5: ADOPTION OF A RESOLUTION AUTHORIZING DOGS TO BE UPON CERTAIN PUBLIC SPACES. It was moved by Council Member Bailey and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, authorizing dogs to be upon certain public spaces. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING DOGS TO BE UPON CERTAIN PUBLIC SPACES. NEW BUSINESS: No items. RESOLUTION NO. 6244 END OF CONSENT CALENDAR 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. The following spoke regarding Agenda Item No. 4: Rose Roberson, Cypress Elizabeth Childers, Cypress Gwen Lattin, Cypress ITEMS FROM CITY COUNCIL MEMBERS: Mayor Pro Tem Seymore requested reports from the Council Members on their respective committee assignments. 6 169 CITY COUNCIL MINUTES Council Member Luebben: Spoke of the Arbor Day tree donation by the City Clerk. Mayor Pro Tem Seymore: APRIL 25, 2011 1 Attended the Employee Service Awards. Attended the joint ribbon cutting for Tranquility Quilts Fabric Shop, and Keepers Antiques, Collectibles, Books. Attended an Association of California Cities O.C. meeting. Attended the Volunteer Recognition Dinner at the Cypress Senior Citizens Center. Attended the Spring Egg Hunt at Oak Knoll Park. Council Member Narain: Attended an O.C. Sanitation Administration Committee and Board meeting. Attended the Volunteer Recognition Dinner at the Cypress Senior Citizens Center. Attended the Arbor Day event at Veterans Park. Attended the joint ribbon cutting for Tranquility Quilts Fabric Shop, and Keepers Antiques, Collectibles, Books Council Member Bailey: Attended the Employee Service Awards. Attended an O.C. Vector Control meeting. Attended the funeral services for former Council Member Cecilia Age. Mayor Pro Tem Seymore provided information on the Donate Life Run/Walk at California State University Fullerton on April 30, 2011. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Pro Tem Seymore adjourned the meeting in memory of former Council Member Cecilia Age at 8:16 p.m. to Monday, May 9, 2011, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: pu ttv- 6 (ko Lqyv) CITY CLERK OF THE CITY OF CYPRESS 7 MA SIT' OF THE CITY OF CYPRESS