MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD FEBRUARY 27, 2012

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 Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

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 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 7:11 p.m. by Mayor Bailey.

Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mills.

INVOCATION:  The invocation was given by City Attorney Wynder. 

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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1), Title:  City Manager.  He stated that the City Council completed review of the proposed goals and objectives for the City Manager in the upcoming year and that those goals and objectives were unanimously reviewed, approved, and delivered to the City Manager.  He indicated that the evaluation needs to be reduced to writing and that it will be delivered to the City Manager at the next City Council meeting. 

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).

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 Luebben requested Agenda Item Nos. 3 and 10A be pulled from the Consent Calendar.

It was moved by Council Member Mills and seconded by Council Member Narain, to approve Consent Calendar Items No. 1, 2, and 4 through 10.

The motion was unanimously carried 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

Item No. 1:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 13, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of February 13, 2012, 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. 4:   APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2011-14.

Recommendation:   That the City Council: 1) Approve a Task Order in the amount of $151,916, for design services for Sewer Rehabilitation at Various Locations, Public Works Project No. 2011-14, to AKM Consulting Engineers, Irvine, California; and 2) Authorize $22,790 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 5:   APPROVAL OF PLANS AND SPECIFICATIONS FOR 2011/12 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2011-18.

Recommendation:   That the City Council approve the plans and specifications for the 2011/12 Overlay Project, Public Works Project No. 2011-18. 

Item No. 6:   APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR STREET ENGINEERING DESIGN SERVICES FOR CERRITOS AVENUE WIDENING, PUBLIC WORKS PROJECT NO. 2012-01.

Recommendation:   That the City Council: 1) Approve a Task Order in the amount of $60,933, for design services for Cerritos Avenue Widening, Public Works Project No. 2012-01, to Civil Source, Inc., Irvine, California; and 2) Authorize $9,140 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 7:   APPROVAL OF PLANS AND SPECIFICATIONS FOR MYRA AVENUE STORM DRAIN (SD2), PUBLIC WORKS PROJECT NO. 2008-06.

Recommendation:   That the City Council approve the plans and specifications for Myra Avenue Storm Drain (SD2), Public Works Project No. 2008-06.

Item No. 8:   ACCEPTANCE OF THE URBAN AREA SECURITY INITIATIVE (UASI) SUB-RECIPIENT AGREEMENT AND APPROPRIATION OF GRANT FUNDS.

Recommendation:   That the City Council: 1) Accept the FY 2011 Urban Area Security Initiative (UASI) sub-grantee agreement; and 2) Grant signature authority to the positions of City Manager, Finance Director, Police Chief, or Emergency Services Police Services Officer to execute such application(s) as may be necessary to obtain the FY 2011 Urban Area Security Initiative grant funds; and 3) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the General Fund Grants Fund for Fiscal Year 2011-2012 in the amount of $14,984; and 4) Approve the following appropriations in the General Fund Grants Fund for Fiscal Year 2011-2012 as follows:  114-50183.4003_014 (Overtime) $14,984.

Item No. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2012.

Recommendation:   That the City Council receive and file the Investment Report for the month of January, 2012.

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 20978 THROUGH 21134.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2011-12.

Regarding Item No. 3:  GENERAL PLAN CONSISTENCY FINDING – CAWTHON SCHOOL DISPOSAL, Council Member Luebben asked staff for an overview on this item. 

The Director of Community Development stated that this action is required in compliance with the Government Code whenever a school district publicly states that they are looking to dispose of a site.  He indicated that there needs to be a recommendation or finding made by a legislative body indicating that the declaration of the surplus is either consistent with the City’s General Plan or not. 

The City Attorney indicated that Government Code Section § 65402(c) states that when there is a proposal to dispose of property or take other land use actions, that action must comport with the City’s General Plan.  He stated that this action is merely a finding that the disposition of this property is consistent with the provisions of the City’s General Plan and that it does not authorize the sale of property, constitute the purchase of property, or a finding of the propriety of the purchase of property by the City. 

Council Members Luebben and Seymore requested clarification on voting outcomes.

The City Attorney discussed the finding and results should the City Council not take action. 

It was moved by Council Member Luebben and seconded by Council Member Mills, that the City Council approve the sending of the letter created by the City Attorney. 

The motion was unanimously carried 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

Regarding Item No. 10A:   ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE SPECIAL MUNICIPAL ELECTION ON JUNE 5, 2012, Council Member Luebben asked for clarification on this item. 

The City Attorney indicated that item is the required steps by which the voter initiative needs to be placed on the ballot.  He stated that the revised resolution provided calling for and giving notice of the holding of a Special Election, adds some specific findings in the recital that formally incorporates into the record the certification prepared by the Orange County Registrar that the signatures on this initiative were sufficient to require the City Council to place it on the ballot. 

Council Member Seymore asked about the number of signatures required as compared to the number of signatures verified. 

The City Attorney stated that staff directed the Registrar of Voters to stop counting the signatures as soon as the verification threshold was reached. 

Mayor Pro Tem Narain asked for clarification on the cost of the Special Election.

The City Attorney affirmed that the Special Election cost would be approximately $52,000 - $64,000 and that it would be paid for by the ballot measure proponents on a not-to-exceed amount of $64,500.  He indicated that any amount above that would be paid by the City.

The City Clerk indicated that it would be highly unlikely that the amount would exceed $64,500 and that the cost is based on the total amount of registered voters on election day. 

It was moved by Mayor Bailey and seconded by Mayor Pro Tem Narain, that the City Council take the following actions by way of a single motion: 1) Adopt the Resolution by title only, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 5, 2012, for the submission of a proposed ordinance, as amended; and 2) Adopt the Resolution by title only, requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held on Tuesday, June 5, 2012, with the Statewide Direct Primary Election to be held on the same date pursuant to Section 10403 of the Elections Code; and 3) Adopt the Resolution by title only, setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis; and 4) Adopt the Resolution by title only, providing for the filing of rebuttal arguments for City measures submitted at municipal elections.

The motion was carried by the following roll call vote:

AYES:        4    COUNCIL MEMBERS:   Mills, Seymore, Narain and Bailey
NOES:        1    COUNCIL MEMBERS:   Luebben
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6289

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
JUNE 5, 2012, FOR THE SUBMISSION OF A PROPOSED ORDINANCE.

RESOLUTION NO. 6290

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012, WITH THE
STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

RESOLUTION NO. 6291

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT
REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS.

RESOLUTION NO. 6292

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 11:  CONSIDERATION OF AN ORDINANCE ADDING A NEW CHAPTER 17-74 TO THE CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED “REGISTERED SEX OFFENDER RESTRICTIONS.”

The Chief of Police provided background information on this item. 

Mayor Pro Tem Narain asked about the number of registered sex offenders in Cypress.

The Chief of Police replied that there are 36 registered sex offenders in the City. 

Council Member Mills asked for clarification on the O.C. Register’s inaccuracy that this ordinance would not ban sex offenders from parks or schools.

The Chief of Police stated that this ordinance has proximity restrictions to include parks, child daycare centers, and other areas where children congregate.  She indicated that the proximity restrictions include coming within 500 feet of any public or private school, park, or child care center, and loitering within the established boundaries of child safety zones. 

It was moved by Council Member Mills and seconded by Council Member Seymore, that the City Council: 1) Introduce for first reading the Ordinance by title only, adding a new Chapter 17-74 to the Cypress Municipal Code, the same to be entitled “Registered Sex Offender Restrictions.”

The motion was unanimously carried 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

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ENACTING CHAPTER 17-74 OF THE CYPRESS
MUNICIPAL CODE, THE SAME TO BE TITLED “REGISTERED
SEX OFFENDER RESTRICTIONS” ORDINANCE.

RECREATION & PARK DISTRICT MATTERS:  The Cypress City Council, Acting as the Ex Officio Governing Board of Directors.

No items.

SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERThe Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency.

It was moved by Agency Board Member Narain and seconded by Agency Board Member Seymore, that the Successor Agency to the Cypress Redevelopment Agency approve Consent Calendar Item No. 12. 

The motion was unanimously carried by the following roll call vote:

AYES:        5    AGENCY MEMBERS:    Luebben, Mills, Seymore, Narain and Bailey
NOES:        0    AGENCY MEMBERS:    None
ABSENT:    0    AGENCY MEMBERS:    None

Item No. 12:  RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE.

Recommendation:   That the Cypress City Council, acting as the Successor Agency to the Cypress Redevelopment Agency, adopt the Recognized Obligations Payment Schedule and transmit it to the Oversight Board for approval.

ORAL COMMUNICATIONS:  For Matters Not on the Agenda.

None.

ITEMS FROM CITY COUNCIL MEMBERS:

Mayor Bailey requested reports from the Council Members on their respective committee assignments.

Council Member Luebben:

Attended the Cypress Recreation and Park District youth basketball games.  Asked about the City’s policy for impounding vehicles driven by illegal immigrants without a driver’s license.

The Chief of Police discussed the City’s policies for unlicensed drivers and restrictions of DUI checkpoints. 

Council Member Luebben requested additional information on the community caretaker law and vehicle impound restrictions. 

Mayor Pro Tem Narain:

Interviewed by college students as part of their curriculum requirements.  Attended an O.C. Sanitation District Board meeting.  Attended the quarterly BRACE meeting.

Council Member Seymore:

Attended the City Leadership Reception hosted by the ACC-OC.  Attended an O.C. Fire Authority Executive Committee and Board meeting.  Attended the opening day ceremonies for Cypress Pony Baseball League.  Hosted an informal tour of the new fire station.  Stated that the official grand opening for the new fire station is April 28, 2012.

Council Member Mills:

Attended an O.C. Executive Management Committee meeting.  Attended the 50th wedding anniversary celebration for Walt and Ethel Bowman.  Attended a SCAG New Members Orientation, Joint Policy Committee meeting and California Air Resources Board workshop.  Requested a letter from the City signed by the Mayor supporting the adoption of the RTSSCS comments.  Attended an OCCOG Board of Directors meeting.  Attended the Cypress College Americana Awards.

Mayor Bailey:

Attended the 50th wedding anniversary celebration for Walt and Ethel Bowman. Attended a Rotary Club of Cypress meeting with a presentation by the Cypress Police Department on gang activity.  Attended a Joint Forces Training Base group meeting.  Attended the quarterly BRACE meeting.  Attended the opening day ceremonies for Cypress Pony Baseball League.  Attended the Cypress College Americana Awards.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of Cypress resident Kurt Weaver at 8:00 p.m. to Monday, March 12, 2012, 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

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780