A regular meeting of the Cypress City Council was called to order at 5:30 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 Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Quinonez v. City of Cypress; Case Number 30-2009-00122421, Orange County Superior Court.
The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1), Title: City Manager.
At 5:31 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 Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
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
Assistant City Engineer Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Associate Planner Kori Nevarez
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
Deputy City Clerk Rhonda Barone
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Mark Schaffner and Cynthia Nishimoto, Bandai Foundation, presented a donation to the City of Cypress.
Carol Turpin, Orange County Human Relations Council, provided an annual update and Janice Clark, Cypress High School student, provided an update on the BRIDGES Program.
CITY COUNCIL REORGANIZATION:
Mayor Bailey spoke regarding his term as Mayor this past year and thanked staff members for their assistance. He also thanked his fellow Council Members for their efforts and service.
The City Clerk opened the nominations for Mayor.
Council Member Seymore moved and Council Member Luebben seconded the motion to nominate Mayor Pro Tem Narain for the office of Mayor. It was moved by Council Member Seymore and seconded by Council Member Luebben, to close nominations.
Mayor Pro Tem Narain was unanimously elected Mayor by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Mayor Narain then asked for nominations for the office of Mayor Pro Tem.
Mayor Narain moved and Council Member Luebben seconded the motion to nominate Council Member Bailey for the office of Mayor Pro Tem. It was moved by Council Member Luebben and seconded by Mayor Narain, to close the nominations.
Council Member Bailey was unanimously elected Mayor Pro Tem by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
PRESENTATIONS:
Mayor Narain presented a plaque to outgoing Mayor Bailey. He commended Mayor Bailey on his tenure as Mayor.
The meeting was recessed at 7:36 p.m.
The meeting was reconvened at 7:52 p.m.
Mayor Narain spoke regarding his upcoming term as Mayor and stated that he is looking forward to leading the City in a business like manner. Mayor Narain stated that he is excited about this opportunity and is looking forward to leading the City and continuing the community’s legacy of progress.
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 Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Quinonez v. City of Cypress; Case Number 30-2009-00122421, Orange County Superior Court. The City Attorney stated that a privileged and confidential briefing was provided.
The City Attorney reported that the City Council met in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1), Title: City Manager. The City Attorney stated that the Council conducted and completed its annual evaluation.
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 Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.
Travis Perkins, Event News, introduced himself to the City Council.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: CONTINUATION OF A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-05, TENTATIVE TRACT MAP NO. 17334, AND VARIANCE NO. 2009-01, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT NINE (9) CONDOMINIUM UNITS WITH A VARIANCE TO ALLOW AN INCREASE IN THE ALLOWABLE DENSITY FOR THE PROPERTY LOCATED AT 8732 BELMONT STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE.
Mayor Narain stated that the applicant has requested a change in the project which will result in the need for a continuance of this item to January 11, 2010. He stated that anyone in attendance to discuss this item should contact Mr. Hawkins in the Community Development Department.
Item No. 2: A PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2009-04, A CITY-INITIATED ACTION TO MODIFY THE DENSITY BONUS SECTION OF THE CYPRESS ZONING ORDINANCE (SECTIONS 3.12.020 THROUGH 3.12.070) TO COMPLY WITH CURRENT STATE REQUIREMENTS.
The Associate Planner provided background information on this item.
The public hearing was opened.
Mayor Narain asked if there was anyone who wished to speak in favor of the item.
Mayor Narain 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 Council Member Mills, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2009-04.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Ordinance No.
An Ordinance of the City Council of the City of Cypress,
California, Amending the Cypress Municipal Code,
Appendix I – Zoning, Sections 3.12.020 through
3.12.070 Relating to Density Bonus Provisions to be
Consistent with Current State Requirements.
The City Attorney stated that Council Member Seymore has brought forward an agenda item involving the City Council consideration of a resolution requesting that the Governor cancel the proposed sale of the Orange County Fairgrounds. Staff is requesting that the City Council add this as agenda Item No. 16A on the grounds that the need to take action on this item arouse subsequent to the posting of the agenda and because there is a likely vote on this legislation before the January 11, 2010 City Council meeting.
It was moved by Council Member Luebben and seconded by Council Member Seymore, to add the urgency item to the agenda as Item No. 16A.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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 Council Member Luebben, to approve Consent Calendar Items No. 3 through 15.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 9, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of November 9, 2009, as submitted, with Council Member 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.
Item No. 5: SECOND READING OF ORDINANCES ADOPTING MODIFICATIONS TO THE CYPRESS MUNICIPAL CODE AND CYPRESS ZONING ORDINANCE RELATED TO WATER EFFICIENT LANDSCAPE REQUIREMENTS.
Recommendation: That the City Council adopt the Ordinances by title only, adopting modifications to the Cypress Municipal Code and Cypress Zoning Ordinance related to water efficient landscape requirements.
Ordinance No. 1113
An Ordinance of the City Council of the City of Cypress,
California, Adding a New Chapter 29 to the Cypress
Municipal Code Relating to Water Conservation and
Water Efficient Landscaping.
Ordinance No. 1114
An Ordinance of the City Council of the City of Cypress,
California, Amending Sections 3.13.010, 3.13.020,
3.13.030, 3.13.040, and 3.13.070 of the Cypress
Zoning Ordinance.
Item No. 6: ACCEPTANCE OF FISCAL YEAR 2008-2009 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council accept and direct staff to file the Fiscal Year 2008-2009 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2009.
Item No. 7: ACCEPTANCE OF CERRITOS AVENUE AND ORANGE AVENUE SEWER REPAIR, PUBLIC WORKS PROJECT NOS. 2008-24 AND 2008-32.
Recommendation: That the City Council: 1) Accept the Cerritos Avenue and Orange Avenue Sewer Repair, Public Works Project Nos. 2008-24 and 2008-32, as being satisfactorily completed in conformance with the project specifications, in the final amount of $502,688.62; and 2) Approve the final retention payment of $50,268.86 to Excel Paving Company, Long Beach, California, thirty-five (35) days after 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.
Item No. 8: AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL TRAFFIC ENGINEERING DESIGN SERVICES.
Recommendation: That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Traffic Engineering Design Services to Iteris, Santa Ana, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On-Call Traffic Engineering Design Services to RBF Consulting, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 9: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT MINI-GRANT PROGRAM FOR 2009-2010.
Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini-Grant Program for 2009-2010; and 2) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the FY 2009-2010 General Fund-Grants for the grant total of $19,477; and 3) Approve appropriations from the General Fund-Grants as follows: 114-50183.4002_21 (Overtime) in the amount of $19,477.
Item No. 10: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT.
Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the FY 2009-2010 General Fund-Grants for the grant total of $16,560; and 3) Approve appropriations in FY 2009-2010 in the General Fund-Grants as follows: 114-50183.4003_21 (Overtime) in the amount of $16,560.
Item No. 11: APPROPRIATION OF FUNDS (FY 2009-2010) FOR OFFICE OF TRAFFIC SAFETY “AVOID THE 28” DRIVING UNDER THE INFLUENCE GRANT.
Recommendation: That the City Council: 1) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the FY 2009-2010 General Fund-Grants in the amount of $25,000; and 2) Approve appropriations from the General Fund-Grants as follows: 114-50183.4003_21 (Overtime) in the amount of $25,000.
Item No. 12: ADOPTION OF A RESOLUTION ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS.
Recommendation: That the City Council adopt the Resolution by title only, adopting Revised Orange County Taxi Administration Program Regulations.
Resolution No. 6171
A Resolution of the City Council of the City of Cypress,
California, Adopting Revised Orange County Taxi
Administration Program Regulations.
Item No. 13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2009.
Recommendation: That the City Council receive and file the Investment Report for the month of October, 2009.
Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS NO. 11083 THROUGH 11574.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009-10.
Recreation & Park District Matters:
Item No. 15: APPROVAL OF FUND TRANSFER AND PURCHASE OF PORTABLE SOUND SYSTEM.
Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Appropriate $950 from the Recreation and Park District Unreserved General Fund and transfer to the Recreation and Park District small tools and equipment account 212-90301.4113; and 2) Approve the purchase of a Fender portable sound system with microphone, cables, and speaker stand to use during District programs.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 16: APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES.
Mayor Narain suggested that all City Council Members remain at the same membership of the committees unless there are objections.
Council Member Luebben stated that he concurs with the Council Members remaining with their existing committees and requested that he serve on the Orange County Vector Control District.
Growth Management Area No. 2 (Measure M) Prakash Narain – Representative
(Meets annually or semi-annually as needed) Todd Seymore – Alternate
Joint Communications Center Executive Board Todd Seymore – Representative
(Meets quarterly or as needed) Leroy Mills – Alternate
Joint Forces Training Base Military Affairs Prakash Narain
Ad Hoc Committee Leroy Mills
(Meets 4th Tuesday of the month at 3:30 p.m.)
League of California Cities Orange Prakash Narain – Representative
County Division Doug Bailey – Alternate
(Meets 2nd Thursday of the month – 6:00 p.m.)
League of California Cities Prakash Narain – Representative
Legislative Delegate Program Doug Bailey – Alternate
League of California Cities O.C. Prakash Narain
City Selection Committee
(Meets prior to Division General Meeting at 5:30 p.m.)
Orange County Council of Governments - Prakash Narain – Representative
General Assembly Doug Bailey – Alternate
(Annual Conference date to be determined)
Orange County Fire Authority Todd Seymore – Representative
(Meets 4th Thursday of the month at 6:30 p.m.) Doug Bailey – Alternate
Orange County Library Advisory Board Prakash Narain – Representative
(Meets as needed) Todd Seymore – Alternate
Orange County Sanitation District Phil Luebben – Representative
(Meets 4th Wednesday of the month at 7 p.m.) Prakash Narain – Alternate
Orange County Transportation Authority Todd Seymore – Representative
West Cities Rail Study Policy Committee
(Meets as needed)
Orange County Vector Control District Doug Bailey – Representative
(Meets 3rd Thursday of the month at 3:00 p.m.) (Two Year Appointment)
Santa Ana River Flood Protection Agency Doug Bailey – Representative
(Meets 4th Thursday of odd-numbered Leroy Mills – Alternate
months at 4 p.m.)
Southern California Association of Leroy Mills – Representative
Governments - General Delegate Doug Bailey – Alternate
(Meets 1st Thursday of the month at 9:30 a.m.)
Business Retention, Attraction, Creation Prakash Narain (Mayor)
and Expansion Committee (BRACE) Doug Bailey (Selected by Mayor)
(Meets as needed) Phil Luebben – Alternate
Council Member Luebben stated that the Non-City Council Appointments to Outside Agencies list is informational only and does not require City Council approval. He further stated that the Southern California Association of Governments Contract/Audit/Personnel Subcommittee was disbanded two months ago and replaced with a stand-alone Audit Committee.
Mayor Pro Tem Bailey stated that the Mayor should provide the official representation on the Joint Forces Training Base Military Affairs Ad Hoc Committee due to the current issues at the Base.
Council Member Mills stated that he would like to continue to maintain his membership on the Joint Forces Training Base Military Affairs Ad Hoc Committee due to his neighborhood being affected by the composting issues at the Base.
Council Member Seymore concurred with Mayor Pro Tem Bailey and suggested that there be a representative and an alternate on the Committee.
The City Attorney stated that representatives on Ad Hoc Committees should be either non-elected officials or volunteers from the City Council and there should not be a formal action to appointment them.
Mayor Narain asked if two representatives can serve on the Ad Hoc Committees.
The City Attorney responded in the affirmative.
It was moved by Council Member Seymore and seconded by Council Member Luebben, that the City Council confirm the Mayor’s appointments to the various organizations and committees.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 16A: ADOPTION OF A RESOLUTION REQUESTING THAT THE GOVERNOR CANCEL THE PROPOSED SALE OF THE ORANGE COUNTY FAIRGROUNDS.
The Administrative Services Manager provided background information on this item.
It was moved by Council Member Seymore and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, requesting that the Governor cancel the proposed sale of the Orange County Fairgrounds.
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Resolution No. 6172
A Resolution of the City Council of the City of Cypress,
Requesting That the Governor Cancel the Proposed
Sale of the Orange County Fairgrounds.
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.
Item No. 17: ELECTION OF AGENCY CHAIR AND VICE CHAIR.
The Agency Secretary opened the nominations for Agency Chair.
Agency Board Member Luebben moved and Agency Board Member Seymore seconded the motion to nominate Agency Vice Chair Narain for the office of Agency Chair and Agency Member Bailey for the office of Agency Vice Chair.
Agency Vice Chair Narain was unanimously elected Agency Chair and Agency Member Bailey was unanimously elected Agency Vice Chair by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Narain requested reports from the Council Members on their respective committee assignments.
Council Member Luebben:
Attended the Cypress Boys & Girls Club fundraising dinner. Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting. Attended a SCAG Audit Committee meeting. Attended a SCAG Integrated Policy Task Force meeting. Attended a SCAG Energy and Environment Committee meeting. Attended a youth swim meet in Villa Park. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended an O.C. Sanitation District Administration Committee meeting. Attended the Cypress Holiday Sing. Attended a youth swim meet at the Cerritos Aquatic Stadium.
Mayor Pro Tem Bailey:
Attended various community holiday activities. Wished everyone a happy holiday season.
Council Member Mills:
Attended the Seal Beach State of the City luncheon. Attended an O.C. Division League of California Cities meeting. Attended the Cypress Boys & Girls Club fundraising dinner. Attended an OCCOG Board of Directors meeting. Attended the Cypress Holiday Bazaar. Appointed to the SCAG Audit Committee. Attended a joint SCAG meeting with Assembly Speaker Karen Bass, former Governor Pete Wilson, former Governor Gray Davis, Mary Nichols with the California Air Resources Board, and Lucy Dunn with the O.C. Business Council. Attended the Cypress Urgent Care ribbon cutting. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended a meeting at the Joint Forces Training Base. Wished everyone a Merry Christmas and a Happy, Prosperous New Year.
Council Member Seymore:
Attended the O.C. Division League of California Cities meeting. Attended the Woman’s Club of Cypress’ fundraising walk for autism. Attended a WestComm Board meeting. Attended an O.C. Fire Authority Board meeting. Attended a DARE graduation at Landell Elementary School. Attended the Cypress Urgent Care ribbon cutting. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended a DARE graduation at Swain Elementary School. Attended the Cypress Holiday Sing. Wished everyone a Merry Christmas.
Mayor Narain:
Attended the Cypress Boys & Girls Club fundraising dinner. Attended the Seal Beach State of the City luncheon. Attended BRACE meetings. Attended the Cypress College Americana Awards kick off event. Attended the Cypress Holiday Bazaar. Attended the Cypress Urgent Care ribbon cutting. Attended the Cypress Holiday Sing. Attended the employee holiday lunch at the Cypress City Maintenance Yard. Attended the Christmas celebration at the Church of Jesus Christ of Latter-day Saints. Congratulated Oxford Academy on being ranked the No. 4 high school in the nation.
ITEMS FROM CITY MANAGER:
The City Manager reported on the recent meeting with the Joint Forces Training Base regarding composting. He stated that the Base is a critical and vital need with the concern being that the Base is adequately funded. He thanked the staff for their dedication and is confident that Cypress can be preserved and moved forward.
ADJOURNMENT: Mayor Narain adjourned the meeting at 8:45 p.m. to Monday, January 11, 2010, 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