A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Members absent:
Council/Agency Board Member Phil Luebben
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
ORAL COMMUNICATIONS:
None.
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: John B. Bahorski, Richard Storey; Employee Groups: Police Management Association and Cypress Police Officers Association.
At 6:01 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 Bailey.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Members absent:
Council/Agency Board Member Phil Luebben
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 Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Ed Bish
Police Captain Jackie Gomez-Whiteley
Public Works Superintendent Bobby Blackburn
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Narain.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Mayor Bailey presented Carl Laski and employees from United Health Care with a Certificate of Recognition for their donation to the Kids Corner Program.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Police Management Association and Cypress Police Officers Association. The City Attorney stated that a privileged and confidential status report was provided.
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 Bailey 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 SENATE BILL (SB) 731 – 2007-2008 LEGISLATIVE SESSION.
The Director of Community Development provided background information on this item.
Mayor Bailey asked why the City is not waiting to implement this new requirement.
The Director of Community Development stated that the operative date of the law is September 1, 2009.
Mayor Bailey asked about the effect this may have on the City’s Municipal Code.
The Director of Community Development stated that fundamentally nothing will change except that there is now an exemption, whereas, if an applicant holds a certificate a background check with the City would not be necessary.
The public hearing was opened.
Mayor Bailey asked if there was anyone who wished to speak in favor of the item.
Mayor Bailey asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, that the City Council introduce for first reading the Ordinance by title only, for inclusion of the specified language from Senate Bill (SB) 731 of the 2007-2008 Legislative Session into the Cypress City Code.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Ordinance No.
An Ordinance of the City Council of the City of Cypress,
California, Amending Sections 15A-22 of Chapter 15A
of the Cypress Municipal Code Regulating and Licensing
of Massage Establishments Within the City of Cypress
to Comply with the Provisions of 2007-2008’s Senate
Bill 731 (Oropeza), Chapter 384, Statutes of 2008.
Item No. 2: PUBLIC HEARING RELATING TO THE CITIZENS’ OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND.
The Police Captain provided background information on this item.
The public hearing was opened.
Mayor Bailey asked if there was anyone who wished to speak in favor of the item.
Mayor Bailey asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Council Member Seymore and seconded by Mayor Bailey, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens’ Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the continued use of grant funds for one (1) police services officer position, which was approved in fiscal year 1999/2000. These funds, $84,300, will pay for the police services officer’s salary for fiscal year 2009/2010; and 3) Approve the continued use of the remaining funds for one (1) police officer position, which was approved during fiscal year 2001/2002. These remaining funds, estimated to be $16,192, will pay for a portion of that officer’s salary for fiscal year 2009/2010.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Resolution No. 6157
A Resolution of the City Council of the City of Cypress,
Approving an Increase of Estimated Revenues for
Fiscal Year 2009/2010 in the Supplemental Law
Enforcement Services Fund to be Used to Pay for
the Salary of a Police Services Officer and a Portion
of the Salary for a Police Officer.
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 Seymore and seconded by Mayor Bailey, to approve Consent Calendar Items No. 3 through 9.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 27, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of July 27, 2009, as submitted.
Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.
Item No. 5: CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING EXECUTION OF THE AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT.
Recommendation: That the City Council: 1) Consider the adoption of the Resolution by title only, approving and executing the amended and restated Orange County Council of Governments (OCCOG) Joint Powers Agreement; and 2) Authorize the Mayor to execute the amended and restated Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director; and 3) Appropriate funds in the amount of $3,782.95 from the Unreserved Fund Balance of the General Fund to the Legislative Support Services program, account number 111-10109.4213, for OCCOG membership dues for FY 2009-10.
Resolution No. 6158
A Resolution of the City Council of the City of Cypress,
Authorizing Execution of That Certain Amended and
Restated Orange County Council of Governments
(OCCOG) Joint Powers Agreement.
Item No. 6: DESIGN REVIEW COMMITTEE PERMIT NO. 2009-05, A REQUEST BY THE ANAHEIM UNION HIGH SCHOOL DISTRICT TO REPLACE AN EXISTING MARQUEE MONUMENT SIGN WITH A NEW ELECTRONIC MARQUEE MONUMENT SIGN ON THE LEXINGTON JUNIOR HIGH SCHOOL PROPERTY LOCATED AT 4351 ORANGE AVENUE IN THE PS PUBLIC & SEMI-PUBLIC ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2009-05, subject to the conditions in Exhibit “A” of the Resolution.
Resolution No. 6159
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2009-05
- With Conditions.
Item No. 7: AWARD OF CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES.
Recommendation: That the City Council award a two year unit price/maintenance services contract for citywide tree maintenance services to West Coast Arborists (WCA) with an option for up to two, one (1) year extensions; and 2) Authorize the City Manager to execute the contract on behalf of the City, and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 8: AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES.
Recommendation: That the City Council award a two year contract for graffiti abatement services to C.H. Painting with an option for up to two, one (1) year extensions; and 2) Authorize the City Manager to execute the contract on behalf of the City, and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 92195 THROUGH 92320 AND FISCAL YEAR 2009-10 FOR WARRANTS NO. 10025 THROUGH 10115.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2008-09 and 2009-10.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 10: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING PROVISIONS OF THE CYPRESS MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX & WIRELESS COMMUNICATIONS FACILITIES.
The City Attorney provided background information on this item.
Mayor Bailey asked the City Attorney to elaborate on how the City would enforce the Transient Occupancy Tax portion.
The City Attorney stated that the Transient Occupancy Tax would be used in court to move to dismiss a challenge to the City’s tax.
The City Manager stated that it is a felony for hotels to withhold the tax.
Council Member Seymore asked how the travel agencies are not paying the Transient Occupancy Tax.
The City Attorney responded that travel agencies are not paying the Transient Occupancy Tax when hotels are booked via the internet and not in the City of Cypress, and are not subject to the Transient Occupancy Tax.
The Assistant City Manager/Director of Finance and Administrative Services stated that the Transient Occupancy Tax is being collected by companies outside of the City. Therefore, the hotel pays what they receive, with the online agencies getting additional funds with the Transient Occupancy Tax being ignored.
Council Member Seymore asked about any possible legislation that would assist the City.
The Assistant City Manager/Director of Finance and Administrative Services stated that there is Federal legislation being looked at that would not benefit the City.
It was moved by Mayor Bailey and seconded by Council Member Seymore, that the City Council introduce for first reading the Ordinance by title only, amending provisions of the Cypress Municipal Code relating to Transient Occupancy Tax and wireless communications facilities.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
Ordinance No.
An Ordinance of the City Council of the City of Cypress,
Amending Provisions of the Cypress Municipal Code
Relating to Transient Occupancy Tax and Wireless
Communications Facilities.
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.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Council Member Mills:
Recommended that letters of appreciation be sent to the City of Mission Viejo and Aleshire & Wynder for their pro bono services to OCCOG. Attended a SCAG Strategic Planning Committee meeting. Attended Governor Schwarzenegger’s announcement of college funding for the National Guard. Attended the 40th Infantry Change of Command ceremony. Attended a tour of the USS Benfold at the Seal Beach Naval Weapons Station. Attended The Answer Concert On The Green. Attended a junior golf clinic for the blind at the Navy Golf Course. Attended the Pops Orchestra Concert On The Green.
Council Member Seymore:
Attended The Answer Concert On The Green. Attended the badge pinning ceremony for the new Chief of the O.C. Fire Authority. Toured streets and sewer improvements with Public Works staff.
Mayor Bailey:
Visited Bandai Corporation with Mayor Pro Tem Narain and staff. Reminded everyone of the next Quarterly BRACE meeting on Wednesday, August 12, 2009 at 10:00 a.m.
Mayor Pro Tem Narain:
Attended a tour of the USS Benfold at the Seal Beach Naval Weapons Station. Visited Bandai Corporation with Mayor Bailey and staff. Participated in a site visit of the sewer improvement on Walker Street.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of former City Council Member Richard Partin at 7:33 p.m. to Monday, August 24, 2009, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________
MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF CYPRESS