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Minutes 2007-10-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 8, 2007 A regular meeting of the Cypress City Council was called to order at 5:31 p.m. by Mayor Luebben in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Phil Luebben Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Doug Bailey Council /Agency Board Member Leroy Mills 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 Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu City Clerk Denise Basham Recreation & Community Services Commissioners present: Anne Hertz Rob Johnson Carlos Ramirez Rufus Washington Mariellen Yarc Recreation & Community Services Commissioners absent: David Ashman Beth Bingham Evans ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Mayor Luebben welcomed the Commissioners to the meeting. Recreation & Community Services Commission Chair Carlos Ramirez led discussion in regard to the Commission's goals which include community services, park facility inventory and condition assessment, and possible Capital Improvement Projects. Mayor Pro Tem Seymore asked about recent playground replacements and general park maintenance. The Recreation and Community Services Director responded that there are four parks remaining for playground replacement. The City Manager commented that there are ongoing park improvements, with future consideration to be given to field lighting, storage, and fencing. Commissioner Yarc expressed the Commission's desire to assist staff and City Council with long -term plans on park improvements and the costs associated with such. 2 CITY COUNCIL MINUTES OCTOBER 8, 2007 Council Member Bailey asked about the scope of conducting a parks needs assessment survey, asking how long such a survey might take. The Recreation and Community Services Director discussed the scope of a park facility inventory and condition assessment of the 19 parks within the City, estimating that it would take a few months to complete. Mayor Luebben expressed his support of a parks needs assessment. The Recreation and Community Services Commissioners further discussed possible Capital Improvement Projects including lighted basketball courts, plaque repair at Arnold /Cypress Park, sand replacement in playground areas, and the addition of handball courts at various parks. Mayor Luebben thanked the Commissioners for their attendance. The City Attorney reported that the Redevelopment Agency 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 241 - 091 -22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street and Portions of Real Property Identified by APN Numbers 241 -231 -22, 27, 28, 32, 35 and 42; Consisting of Approximately 10 Acres North of Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Party Negotiating With: Hopkins Real Estate Group and Los Alamitos Race Course, respectively; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney reported that the Redevelopment Agency would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Number 242 - 062 -26; Consisting of a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street; Party Negotiating With: O.C. Fire Authority; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney reported that the Redevelopment Agency would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8; Real Property Identified by APN Number 242 - 142 -50; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and Moody Street; Party Negotiating With: Cypress Boys and Girls Club; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. At 6:12 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 7:05 p.m. by Mayor Luebben. Members present: Mayor /Agency Chair Phil Luebben Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Doug Bailey Council /Agency Board Member Leroy Mills 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 2 3 CITY COUNCIL MINUTES OCTOBER 8, 2007 Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Public Works Superintendent Bobby Blackburn City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Police Explorers Post 1036. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Recreation and Community Services Director introduced Jennifer Phillips, Executive Director, County of Orange Animal Care Services. Ms. Phillips discussed the services provided by the County of Orange Animal Care Services and information on coyote awareness. 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 a joint meeting was held with the Recreation and Community Services Commission to discuss community services, park assessments, and future capital improvements. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241 - 091 -22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street and Portions of Real Property Identified by APN Numbers 241 -231 -22, 27, 28, 32, 35 and 42; Consisting of Approximately 10 Acres North of Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Party Negotiating With: Hopkins Real Estate Group and Los Alamitos Race Course, respectively; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8; Real Property Identified by APN Number 242 - 062 -26; Consisting of a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street; Party Negotiating With: O.C. Fire Authority; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Number 242 - 142 -50; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and Moody Street; Party Negotiating With: Cypress Boys and Girls Club; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney stated that a status report was provided on each item and no reportable action was taken. 3 4 CITY COUNCIL MINUTES OCTOBER 8, 2007 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 Luebben asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. The following individuals spoke regarding coyotes in the city: Helene James, Cypress Pat O'Toole, Cypress Jim Brandon, Cypress 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. Council Member Mills requested Agenda Item Nos. 6 and 12 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Seymore and seconded by Mayor Luebben, to approve Consent Calendar Items No. 1 through 5 and 7 through 11. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 24, 2007. Recommendation: That the City Council approve the Minutes of the Meeting of September 24, 2007, 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 THE WEEK OF OCTOBER 20 -26, 2007 AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of October 20 -26, 2007 as "Red Ribbon Week" in the City of Cypress. Item No. 4: PROCLAMATION RECOGNIZING SERGEANT MARCO A. CHAVEZ FOR HIS SERVICE AT THE JOINT FORCES TRAINING BASE. Recommendation: That the Mayor and City Council officially recognize Sergeant Marco A. Chavez for his service at the Joint Forces Training Base. 4 5 CITY COUNCIL MINUTES OCTOBER 8, 2007 Item No. 5: QUARTERLY REPORT CONCERNING THE CITY'S BUSINESS RETENTION, ATTRACTION, CREATION AND EXPANSION PROGRAM ACTIVITIES. Recommendation: That the City Council receive and file. Item No. 7: AWARD OF CONTRACT FOR REPLACEMENT OF THREE VEHICLES AND ONE MOTORCYCLE. Recommendation: That the City Council: 1) Find that the County of Riverside's Purchase Order No. PUARC- PUA0024279 satisfies the City's bid process City Code Section 21A-10(e), and award a contract to purchase two 2008 Ford Escapes from Fritts Ford Fleet Center, 7990 Auto Drive, Riverside, California 92504, in the amount of $39,076; and 2) Appropriate $16,338 to Account No. 4377 -90- 659 -39 from the Equipment Replacement Fund for the replacement of one Police pickup truck, associated replacement equipment, and /or transfer of existing equipment; and 3) Appropriate $27,400 to Account No. 4362 -90- 659 -39 from the Equipment Replacement Fund for the replacement of one Police motorcycle, associated replacement equipment, and /or transfer of existing equipment. Approve the transfer of $11,702 from the City's General Liability Fund (2200 -96) to the City's Equipment Replacement Fund (1200 -90) for the replacement of one Police motorcycle, associated replacement equipment, and /or transfer of existing equipment. Find that the City of Newport Beach's Purchase Order No. 28427 satisfies the City's bid process City Code Section 21A-10(e), and award a contract to purchase one Honda Motorcycle from Huntington Beach Honda, 17555 Beach Boulevard, Huntington Beach, California 92647, in the amount of $24,399. Item No. 8: ACCEPTANCE OF FINAL PARCEL MAP NO. 2003 -138. PROPERTY LOCATED AT 4505 KATELLA AVENUE. Recommendation: That the City Council approve Final Parcel Map No. 2003 -138 and authorize the City Clerk to sign the record map. Item No. 9: APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT AGREEMENT FOR THE IMPROVEMENT OF MOODY STREET FROM NORTH CITY LIMIT TO LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2005 -15. Recommendation: That the City Council approve Contract Amendment No. 1 to Contract Agreement with All American Asphalt, for the Improvement of Moody Street from North City Limit to Lincoln Avenue, Public Works Project No. 2005 -15, in the amount of $90,756.85. - Item No. 10: AMENDMENT TO WEST COUNTY S.W.A.T. PROTOCOL. Recommendation: That the City Council approve the West County S.W.A.T. Protocol (Amendment 2) to add the City of Seal Beach as a member of the West County S.W.A.T. Team. Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007 -08 FOR WARRANTS NO. 82929 THROUGH 83150. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2007 -08. Regarding Item No. 6: LEAGUE OF CALIFORNIA CITIES ORANGE COUNTY DIVISION REQUEST FOR COMMENT ON SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COMPREHENSIVE PLAN, Council Member Mills commented that the Interim Executive Director, Dennis Wilburg, should also be given a copy of the letter from the City Manager. Additionally, the City Manager's phone number should also be added to the letter. 5 CITY COUNCIL MINUTES OCTOBER 8, 2007 It was moved by Council Member Mills and seconded by Mayor Luebben, that the City Council direct staff to forward the letter to the League of California Cities Orange County Division, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Recreation & Park District Matters: Regarding Item No. 12: ACCEPTANCE OF CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION PROJECT NUMBER 2005 -35, Council Member Mills suggested that the City present a Certificate of Commendation to Griffin Structures, Inc. Mayor Luebben commented that he would sign such a commendation. However, he questioned the appropriateness and protocol of such. Mayor Luebben took an opportunity to publicly thank Mr. Gary Chubb, Griffin Structures, Inc. Gary Chubb, Griffin Structures, Inc. was available to answer questions from the City Council and thanked them for the opportunity to work on such a successful project. Council Member Mills remarked that his intent was in show of the City's appreciation. It was moved by Council Member Mills and seconded by Mayor Luebben, that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Accept the Cypress Community Center Modernization and Expansion Project Number 2005 -35, as being satisfactorily completed in conformance with the project specifications, in the amount of $6,517,280; and 2) Approve the final retention payment of $256,857.43 to Griffin Structures Inc., Laguna Beach, California, thirty -five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR ORDINANCES: No items. NEW BUSINESS: Item No. 13: CONSIDERATION OF CONSULTANT CONTRACT FOR THE 2008 UPDATE OF THE HOUSING ELEMENT OF THE CYPRESS GENERAL PLAN. The Community Development Director provided background information on this item. Mayor Luebben asked for clarification about the bid process and clarity of the bid advertisements. 6 CITY COUNCIL MINUTES OCTOBER 8, 2007 The Community Development Director responded that staff is careful to be very specific on bid advertisements. However, as reflected in the Agenda Report, the lowest bid was disqualified due to the company's insufficiency to address the anticipated environmental documentation required or the associated cost involved. That disqualification then resulted in Karen Warner Associates being the lowest bid. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, to approve the contract with Karen Warner Associates for the 2008 Update of the Housing Element of the Cypress General Plan for a cost not to exceed $44,860.00. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 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. Don Gras, Cypress Chamber of Commerce, spoke regarding upcoming Chamber activities and events. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. Council Member Bailey: Attended a luncheon with the City of Anaheim's Mayor Curt Pringle regarding regional housing needs assessment in Orange County. Attended a BRACE meeting at Medison. Attended a BRACE meeting regarding police issues and DRS Sensors & Targeting Systems. Met with representatives from the O.C. Housing Foundation and C &C Development regarding housing. Council Member Mills: Attended the WestComm 10th anniversary open house. Attended the OCCOG open house. Attended the Volunteers in Policing Appreciation luncheon. Attended the Woman's Club of Cypress inspirational breakfast. Attended a SCAG workshop. Attended a SCAG workshop on corridor strategies. Attended the Vans open house. Mayor Pro Tem Seymore: Attended an O.C. Fire Authority Board meeting. Attended and spoke at the Volunteers in Policing Appreciation luncheon. Attended the Vans open house. Invited Cypress residents to the open house being held at every O.C. Fire Authority station. Council Member Narain: Attended a BRACE meeting. Attended the Casa Youth Shelter fundraiser. Attended the Vans open house. Attended the employee health fair and barbecue. Attended the FOCCA casino night. Spoke regarding a senior needs survey being proposed by the 7 CITY COUNCIL MINUTES OCTOBER 8, 2007 Senior Citizens Commission. Spoke regarding a survey from the Department of Health and Human Services. Congratulated the Cypress Police Department on their recent recognition at the Cop's West Trade Show as the winner of the badge design contest. Mayor Luebben: Attended an O.C. Sanitation District Steering and Board meeting. Attended the Casa Youth Shelter fundraiser. Attended the Vans open house. ITEMS FROM CITY MANAGER: The City Manager spoke of the success of the employee health fair and barbecue and staff's participation in the egg relay. ADJOURNMENT: Mayor Luebben adjourned the meeting at 8:20 p.m. to Monday, October 22, 2007, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: L - ,i'1/) MAYOR 0 THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 8