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Minutes 2011-07-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 11, 2011 A regular meeting of the Cypress City Council was called to order at 6:31 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 Assistant City Attorney Lindsay Tabaian ORAL COMMUNICATIONS: None. CLOSED SESSION: The Assistant 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 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. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Narain. 204 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 Assistant City Attorney Lindsay Tabaian Assistant City Manager /Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Police Chief Jackie Gomez Whiteley Public Works Director Doug Dancs Recreation and Community Services Director June Liu Public Works Superintendent Bobby Blackburn Assistant Planner Judy Aquino Administrative Services Manager Andrew Tse City Clerk Denise Basham INVOCATION: The invocation was given by Mayor Mills. CITY COUNCIL MINUTES JULY 11, 2011 205 PRESENTATIONS: Jenelle Froisland, Southern California Edison, made a presentation to the City Council on the SmartConnect meter project. Council Member Narain asked about the time length of the project in Cypress. Ms. Froisland stated that the meter installations are expected to take approximately two months. Council Member Bailey asked if this project would replace meter readers and asked for clarification on the dollar and energy saving programs. Ms. Froisland responded that this project would phase out meter readers who will be retrained in other areas. She reviewed the budget assistance program and informed of remote services that would be available. She indicated that she would be attending a future City Council meeting with a follow -up to this project. Council Member Luebben asked about the meters for plug -in electric vehicle owners and any plans for time of use rates or financial incentives for using appliances during non -peak times. Ms. Froisland stated that a standardized electric vehicle would not require the installation of a separate meter, however, residents requesting upgrades to faster charging stations in their home garage could have a second meter, but it is not absolutely necessary. Ms. Froisland indicated that with this program there would be financial incentives offered for non -use of appliances during peak times. Mayor Pro Tem Seymore asked about the accuracy of the meters. Ms. Froisland assured of the accuracy of the meters, stating that meter testing is done on -site and at Southern California Edison testing facilities. Mayor Mills asked if a signal is sent to Southern California Edison for homes that are offline for power. Ms. Froisland responded in the affirmative. 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. Heather Erickson, Cypress Community Festival, invited the City Council and the public to attend the Cypress Community Festival on July 23, 2011 and thanked the City Council and staff for their continued support. Rachelle Gjurgevich and Jennifer Neumeister, asked that sliders be allowed to use the rink at Arnold /Cypress Park. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -05, A REQUEST TO ALLOW A DANCE STUDIO LOCATED AT 4674 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND THE RM RESIDENTIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. The Assistant Planner provided background information on this item. 2 CITY COUNCIL MINUTES Mayor Pro Tem Seymore asked about the buildings located behind the studio. The Assistant Planner stated that the units behind the studio are self- storage units. The Assistant Planner responded in the affirmative. Council Member Luebben requested that an overhead map be included with future staff reports. The applicant, Anna Rica Lopez, stated that she accepted the conditions of the Conditional Use Permit. The public hearing was opened. 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. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2011 -05, subject to the conditions in Exhibit "A." 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. 6263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2011 -05 WITH CONDITIONS. 3 JULY11,2011 206 Item No. 2: PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2011 -12. CITY OF CYPRESS PROJECT NO. 8615 -90. The Public Works Superintendent provided background information on this item. Council Member Bailey asked how the cost is determined. The Public Works Superintendent replied that the cost includes the direct and indirect costs along with the maintenance, water, and utility costs. The public hearing was opened. 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. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council hold the required public hearing and adopt the Resolution by title only, ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2011 -12, pursuant to the Landscaping and Lighting Act of 1972. CITY COUNCIL MINUTES JULY 11, 2011 207 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2011 -12, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The Assistant 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. She stated that there was a privileged and confidential briefing and that the City Council authorized entering into a privileged and confidential information sharing agreement with the County of Los Angeles but would not be joining as a party plaintiff at this time. No other action was taken in Closed Session, nor was any solicited. CONSENT CALENDAR: RESOLUTION NO. 6264 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. Mayor Mills requested Item No. 6 be pulled from the Consent Calendar. Council Member Bailey requested Item No. 8 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. 3, 4, 5, 7, 9, and 10. 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. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 27. 2011. Recommendation: That the City Council approve the Minutes of the Meeting of June 27, 2011, as submitted, with Mayor Mills abstaining due to his absence from the meeting. Item No. 4: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4 CITY COUNCIL MINUTES JULY 11, 2011 Item No. 5: APPROVAL OF DISASTER RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES AGREEMENT. Recommendation: That the City Council approve the Disaster Related Debris Management and Recovery Services Agreement with AshBritt, Inc. Item No. 7: SPECIAL TAX LEVY FOR FY 2011 -12 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for Fiscal Year 2011 -12 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 6265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2011 -2012 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item No. 9: APPROVAL OF DELEGATION OF THE PERSONNEL OFFICER AND /OR HUMAN RESOURCES MANAGER TO ACT ON BEHALF OF THE CITY OF CYPRESS ON MATTERS RELATING TO THE DELTA DENTAL PPO PLAN WITH THE CALIFORNIA STATE ASSOCIATION OF COUNTIES EXCESS INSURANCE AUTHORITY (CSAC -EIA). Recommendation: That the City Council, acting as ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, approving the delegation of the Personnel Officer and /or the Human Resources Manager to act on behalf of the City of Cypress on matters relating to the Delta Dental PPO Plan with the California State Association of Counties Excess Insurance Authority (CSAC -EIA). RESOLUTION NO. 6266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, DELEGATING AUTHORITY TO THE PERSONNEL OFFICER AND /OR HUMAN RESOURCES MANAGER TO ACT ON BEHALF OF THE CITY OF CYPRESS IN MATTERS RELATING TO THE DELTA DENTAL PPO PLAN WITH THE CALIFORNIA STATE ASSOCIATION OF COUNTIES EXCESS INSURANCE AUTHORITY (CSAC -EIA). Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 18367 THROUGH 18527. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. Regarding Item No. 6: APPROVAL OF CONTRACT SERVICES AGREEMENT WITH DEKRA -LITE INDUSTRIES FOR BANNER SERVICES, Mayor Mills asked for clarification as to which contractor is updating the banners. The Director of Community Development responded that the scheduled banner change -out, which includes hardware tightening along with hanging of the Community Festival banners, is being handled by Dekra -Lite Industries' existing contract. Council Member Luebben stated that he would like to see more banners in the south end of the City. 5 208 CITY COUNCIL MINUTES JULY 11, 2011 The Director of Community Development responded that an expanded display of banners throughout the City would be considered. It was moved by Mayor Mills and seconded by Mayor Pro Tem Seymore, that the City Council approve the Contract Services Agreement with Dekra -Lite Industries for the provision of banner program services. 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 Regarding Item No. 8: ORANGE COUNTY GRAND JURY REPORT: "COMPENSATION STUDY OF ORANGE COUNTY CITIES," Council Member Bailey asked for clarification as to why this item is agendized and why a letter from the Mayor was not sufficient. The City Manager responded that agendizing this matter is consistent with past practice. The Assistant City Manager /Director of Finance and Administrative Services stated that the Grand Jury sent informational packets to all cities in regard to salaries and benefits for positions that earn over $100,000 annually. He indicated that, as a result of the study, recommendations included more transparency. It was moved by Council Member Bailey and seconded by Mayor Pro Tem Seymore, that the City Council receive and file the report responses to the Orange County Grand Jury and authorize the Mayor to send the responses to the Grand Jury on behalf of the City Council. 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 No items. 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. 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. 6 209 CITY COUNCIL MINUTES JULY 11, 2011 210 Council Member Bailey: Attended the Concert on the Green. Attended the Mitsubishi Motors electric vehicle presentation. Council Member Narain: Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base. Attended the Mitsubishi Motors electric vehicle presentation. Met with high school students on an internship program visiting local governments. Council Member Luebben: Attended a SCAG joint meeting of the Regional Council and policy committees. Attended Cypress Recreation and Park District youth basketball games. Asked for replacement information on the van driven by the Volunteers in Policing. Asked the Public Works Director for information on previous funding for the Holder Street Bridge. The Public Works Director stated that monies had been returned to the Orange County Transit Authority and that staff will reapply in the future depending upon the traffic conditions. He informed that the City's funding match rates in the old program are 50% and 25% in the new program. He indicated that the existing traffic patterns do not dictate such a request. Expressed condolences to Alhambra Police Chief and former Cypress Police Chief Mark Yokoyama on the loss of their officer. Mayor Pro Tem Seymore: Attended the Pacific Electric right -of -way open house. Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base. Attended the Mitsubishi Motors electric vehicle presentation. Attended the Concert on the Green. Mayor Mills: Attended a Regional Military Affairs Committee meeting. Attended the Banners of Honor unveiling ceremony. Attended an ACC -OC Legislative Committee meeting. Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base. Attended a SCAG joint meeting of the Regional Council and policy committees. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Mills adjourned the meeting at 8:04 p.m. to Monday, July 25, 2011, beginning at 5:30 p.m. in the Executive Boar •om. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAY OF THE CITY OF CYPRESS