Loading...
Minutes 2006-01-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 23, 2006 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council /Agency Board Members McCoy (arrived at 6:05 p.m.), McGill, Seymore, Mayor Pro Tem /Agency Vice Chair Luebben, Mayor /Agency Chair Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation and Community Services Director, Police Captain, Assistant City Engineer, Administrative Services Manager, and City Clerk. ORAL COMMUNICATIONS None. WORKSHOP SESSION The City Manager stated that a review would be provided to increase the City Council's understanding of how the City responds to emergencies. He stated that a regional area operational training exercise will be held with the County of Orange in May. The Chief of Police provided an overview of the City's Emergency Operation Plan. He stated that the Standardized Emergency Management System (SEMS) requires the City to manage responses, particularly those involving multi - jurisdictions, in a particular way with certain models in place. He stated that the City Council serves as the Policy Group with duties to proclaim or ratify an emergency, establish executive level policies, give the EOC Director clear policy direction, provide information to the public and media, and host/escort tours of officials of the emergency area. The Chief of Police discussed the responsibilities under the Standardized Emergency Management System (SEMS). He stated that the City's Emergency Operations Plan was adopted in January, 2004, and provides information that details the legal basis for emergency management and response, defines the organizational structure and chain of command, outlines functional responsibility of City departments, and designates EOC procedures and staff. He stated that continuity of government is paramount and that the California Government Code allows for alternative locations should something happen to the Civic Center facility. These locations are the Community Center, Senior Center, and Cypress Civic Theater. Other areas addressed are lines of succession, vital record protection, and an emergency response policy. The Chief of Police outlined management responsibilities in the event of an emergency including the concept of operations, local emergency proclamations, the Emergency Operations Center, and recovery operations. Council Member McGill asked about the exercise scheduled in May. He thanked staff for making this issue a priority. 7© CITY COUNCIL MINUTES JANUARY 23, 2006 The Chief of Police introduced Denise Davis, the City's Emergency Services Coordinator. Jack Muellerleile, asked about Cypress as a target for terrorism. The Chief of Police stated that several targets have been identified in the City and contingency plans have been established. 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, Property: Streets and Rights -of -Way Owned by the City, Negotiating Party: Time Warner, Under Negotiation: FCC Form 394 — Cable Transfer. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: David Norman, David Belmer, Employee Groups: Cypress Police Management Association, Cypress Police Officers Association. At 5:55 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 Sondhi. PRESENT: Council /Agency Board Members McCoy, McGill, Seymore, Mayor Pro Tem /Agency Vice Chair Luebben, Mayor /Agency Chair Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation and Community Services Director, Police Captain, Assistant Community Development Director, Assistant City Engineer, Building Official, Administrative Services Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McGill. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. 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 the City Council discussed its role in emergency operations. The Chief of Police provided a briefing as to Council and staff responsibilities in the event of an emergency. He stated that the discussion will be followed up later in the year with a live area operational exercise and further discussion. 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, Property: Streets and Rights -of -Way Owned by the City, Negotiating Party: K 71 CITY COUNCIL MINUTES JANUARY 23, 2006 Time Warner, Under Negotiation: FCC Form 394 — Cable Transfer. The City Attorney stated that a status report was provided by Special Counsel Marticorena on the legal implications of an agenda item on tonight's Council agenda. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: David Norman, David Belmer, Employee Groups: Cypress Police Management Association, Cypress Police Officers Association, at the conclusion of the regular Council meeting tonight. 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 Sondhi 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). Item No. 1: PUBLIC HEARING REGARDING PROPOSED UPDATE TO THE CITY'S DEVELOPMENT FEES. The Assistant City Manager provided background information on this item. Council Member Seymore asked about the sixty day time period in the Resolution and if this amount was required by law or could it be enacted immediately. The Assistant City Manager stated that this is required by law. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member McGill commended staff for the articulate and reasoned report to adjust the fees but wanted to express his concern about this in light of the overall revenue stream and the affordability of development fees in general. Mayor Pro Tern Luebben stated that he did not want the fees and taxes of Cypress residents subsidizing developers and others that wish to build in the city. He commended staff in establishing all of the rates, fees, and the structure that has been presented. Council Member McGill stated that if the City's revenue stream were negatively affected he would see the need for raising development fees. The City currently has a good revenue stream in place and he feels the burden is constantly being placed on development of homes and projects in Southern California. It was moved by Council Member Seymore and seconded by Mayor Pro Tern Luebben, that the City Council: 1) Pursuant to Government Code Section 66018, conduct a public hearing on the proposed comprehensive update to the City's development fees; and 2) Adopt a Resolution by title only, deleting, establishing, and adjusting certain fees for city services. IQ 72 CITY COUNCIL MINUTES JANUARY 23, 2006 The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi NOES: 1 COUNCIL MEMBERS: McGill ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DELETING, ESTABLISHING, AND ADJUSTING CERTAIN FEES FOR CITY SERVICES. 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 McGill and seconded by Council Member Seymore, to approve Consent Calendar Items No. 2 through 10. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 9, 2006. Recommendation: That the City Council approve the Minutes of the Meeting of January 9, 2006, as submitted, with Council Member McCoy abstaining due to his absence from the meeting. 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. 4: APPROVAL OF AGREEMENT WITH THE CITY OF LOS ALAMITOS FOR BALL ROAD /BLOOMFIELD STREET COOPERATIVE STORM DRAIN PROJECT, PUBLIC WORKS PROJECT NO. 2006 -01. Recommendation: That the City Council: 1) Approve an agreement with the City of Los Alamitos for Ball Road /Bloomfield Street Cooperative Storm Drain Project; and 2) Authorize the City Manager to execute and the City Clerk to attest the agreement with the City of Los Alamitos, subject to the approval of the City Attorney. Item No. 5: ADOPTION OF A RESOLUTION ESTABLISHING COMPENSATION Recommendation: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, establishing compensation for the classification of Accountant in the City's Classification Plan; and 2) Adopt the class specification for the regular full -time position of Accountant, amending the City's classification plan. 73 CITY COUNCIL MINUTES JANUARY 23, 2006 RESOLUTION NO. 5914 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, ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF ACCOUNTANT IN THE CITY'S CLASSIFICATION PLAN. Item No. 6: ACCEPTANCE OF THE DONATION OF PHOTOGRAPHY EQUIPMENT. Recommendation: That the City Council formally accept the donation of three (3) pieces of photography equipment. The equipment consists of one (1) X -Rite color transmission densitometer, one (1) compact light table with 7X stereo zoom, and one (1) comparison microscope with a Polaroid Microcam. Item No. 7: ACCEPTANCE OF EMERGENCY SEWER REPAIR ON MARION AVENUE, PUBLIC WORKS PROJECT NO. 2005 -09. Recommendation: That the City Council: 1) Appropriate $86,000 from the unreserved balance of Sewer Fund (Fund 41) to Account No. 4186 -41- 457 -28; and 2) Accept the emergency repair work on the sewer line on Marion Avenue. Item No. 8: ACCEPTANCE OF FINAL TRACT MAP NO. 16864. PROPERTY LOCATED AT 8552 LA SALLE STREET. Recommendation: That the City Council approve Final Tract Map No. 16864 and authorize the City Clerk to sign the record map. Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2005. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2005. Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005 -06 FOR WARRANTS NO. 73621 THROUGH 73836. Recommendation: Approve the attached warrant register and wire transfers END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 11: ADOPTION OF TWO RESOLUTIONS RELATED TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM COMCAST CABLE TO TIME WARNER, INC. The Administrative Services Manager provided background information on this item. Mayor Sondhi thanked the Administrative Services Director for her complete and thorough report on this complex issue. 61 74 CITY COUNCIL MINUTES JANUARY 23, 2006 It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, rejecting and denying without prejudice a FCC Form 394 relating to the transfer of the Cable Television Franchise, and /or control thereof, to an entity controlled by Time Warner, Inc. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RESOLUTION NO. 5915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REJECTING AND DENYING WITHOUT PREJUDICE A FCC FORM 394 RELATING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE AND /OR CONTROL THEREOF, TO AN ENTITY CONTROLLED BY TIME WARNER, INC. It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, conditionally approving a transfer of the Cable Television Franchise, and /or control thereof, to an entity controlled by Time Warner, Inc. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RESOLUTION NO. 5916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CONDITIONALLY APPROVING A TRANSFER OF THE CABLE TELEVISION FRANCHISE, AND /OR CONTROL THEREOF, TO AN ENTITY CONTROLLED BY TIME WARNER, INC. Item No. 12: AWARD OF CONTRACT TO PURCHASE SIX (6) TRAFFIC CALMING SIGNS. The Police Captain provided background information on this item. Mayor Pro Tern Luebben asked for clarification on the number of signs to be purchased and the agencies who will be receiving the signs, and also how the location for sign installation was determined. Mayor Pro Tern Luebben stated that he would like to have a sign installed, if future funds are available, on Orangewood between Valley View and Springdale, due to the four parks, school bus pick up and drop off locations for two different schools, and a tremendous amount of speeding on Orangewood. The Police Captain stated that Orangewood is one of the locations that is currently being considered. The Chief of Police stated that the proposed signs are not permanent and can be moved to different locations as necessary. Council Member McGill stated that collector streets as well as arterials have traffic issues and that he shares the same concerns as Mayor Pro Tern Luebben. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council: 1) Award a contract to purchase six (6) traffic calming signs from n 75 CITY COUNCIL MINUTES JANUARY 23, 2006 Fortel Traffic, 1559 Harmony Circle, Anaheim, CA 92807, in the amount of $55,383.50; and 2) Appropriate $14,000 of Measure M Turnback monies to account 4186 -39- 868 -22 for the installation of two (2) of these new traffic calming signs, and two (2) previously purchased traffic calming signs. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 13: AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR DESIGN /BUILD OF POLICE EVIDENCE STORAGE BUILDING AND CIVIC CENTER RESTROOMS, PUBLIC WORKS PROJECT NO. 2004 -27. The Public Works Director provided background information on this item. Mayor Pro Tern Luebben asked about the longevity of the stucco that would be applied to the outside of the buildings. The Public Works Director stated that, if applied correctly, stucco can have a 10 to 20 year design life. Mayor Pro Tern Luebben inquired about photographs or architectural drawings of what the buildings would look like. Council Member Seymore suggested giving the larger restroom unit at the west end to the women's family unit and only having one door on the outside of the police storage building in order to make it less accessible to possible vandalism. The Chief of Police stated that each of the three doors on the building serve a unique purpose in keeping the inside storage areas separated. Council Member McGill commended staff on their creative methods in looking at other options and cost savings. He asked that the exterior aesthetics be consistent with that of the Civic Center complex. It was moved by Mayor Pro Tern Luebben and seconded by Council Member Seymore, that the City Council: 1) Approve an operating transfer, in the amount of $23,700, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $23,700 into Account No. 4186 -15- 845 -24; and 2) Approve an operating transfer, in the amount of $47,400, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $47,400 into Account No. 4186 -15- 845 -24; and 3) Award a Professional Services Contract for Design /Build of Police Evidence Storage Building and Civic Center Restrooms, Public Works Project No. 2004 -27, in the amount of $410,224, to the lowest responsible bidder, The Public Restroom Company, Reno, Nevada; and 4) Authorize a contingency of $42,800 (10% of Construction Amount) and direct the Director of Public Works /City Engineer to issue any necessary change orders to complete additional work within budgetary authority. The motion was unanimously carried by the following roll call vote AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 7 76 CITY COUNCIL MINUTES JANUARY 23, 2006 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 Sondhi requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended an O.C. Fire Authority meeting where a rough draft deployment plan was discussed. Attended the O.C. League of Cities meeting. Council Member McGill reported on his attendance and involvement in various community events and activities. Council Member Seymore: Attended an O.C. Fire Authority meeting. Attended the O.C. League of Cities meeting. Discussed the O.C. Transportation Authority draft Measure M Renewal Plan that was provided to the City Council. Council Member Seymore reported on his attendance and involvement in various community events and activities. Mayor Pro Tern Luebben: Attended the O.C. League of Cities meeting. Attended an O.C. League Advocacy Committee meeting where the legislative breakfast program was discussed. Attended the O.C. Leadership Symposium in Lake Arrowhead. Attended an O.C. Library Advisory Council meeting. Mayor Pro Tern Luebben reported on his attendance and involvement in various community events and activities. Mayor Sondhi: Attended the O.C. League of Cities meeting. Mayor Sondhi reported on her attendance and involvement in various community events and activities. ITEMS FROM CITY MANAGER: The City Manager stated that the Mid -Year Budget Review will be held on January 30, 2006 beginning at 5:30 p.m. He stated that the State of the City Luncheon will be on Wednesday, January 25, 2006. The City Manager asked the Assistant City Engineer to provide a visual overview of the City Hall construction over the last two weeks. The meeting was recessed at 8:20 p.m. to Closed Session. The meeting reconvened at 9:13 p.m. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: David Norman, David Belmer, Employee Groups: Cypress Police Management Association, Cypress Police Officers Association. The City Attorney stated that the City Council met and conferred with labor negotiators regarding commencement of negotiations with the Cypress Police Officers Association and Cypress Police Management Association, and provided a privileged and confidential report regarding same. Q CITY COUNCIL MINUTES JANUARY 23, 2006 77 No reportable action was taken in Closed Session, nor was any solicited. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:15 p.m. to Monday, January 30, 2006, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAYOR OVTNE CITY OF CYPRESS FAM