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