MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MARCH 26, 2012

A regular meeting of the Cypress City Council was called to order at 6:30 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
Assistant City Attorney Lindsay Tabaian

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), Pulsifer v. City of Cypress, Case Number 30-2011-00467319 Orange County Superior Court. 

At 6:31 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 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
Water Quality Manager Gonzo Vazquez
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lauryn and Erynn Sweeney, St. Irenaeus “Mayor for a Day.”

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

The Mayor and City Council recognized Lauryn and Erynn Sweeney, St. Irenaeus “Mayor for a Day.” 

The Mayor presented a proclamation to representatives from the West Cities Police Communications Center proclaiming the week of April 9-15, 2012 as “National Public Safety Dispatcher Week” in the City of Cypress.

The Mayor presented a proclamation to Cora Johnson, Donate Life California, proclaiming the month of April 2012 as “DMV/Donate Life California Month” in the City of Cypress.

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), Pulsifer v. City of Cypress, Case Number 30-2011-00467319 Orange County Superior Court.  He stated that staff recently participated in a voluntary mediation where the mediator made a recommendation for possible resolution of the case through further mediation.  He indicated that a good faith proposal was discussed with the City Council that the City could consider making if other parties to the mediation are agreeable to the mediator’s recommendation and it was unanimously authorized to pursue that settlement option.

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.

Jackie Filbeck, Assemblyman Norby’s Office, discussed an upcoming job fair in Brea and legislation that Assemblyman Norby is working on.

Andy Rebulio, Cypress American Legion, spoke regarding Agenda Item No. 6.

Rob Johnson, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

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.

Mayor Bailey requested Agenda Item No. 5 be pulled from the Consent Calendar.

It was moved by Council Member Mills and seconded by Council Member Seymore, to approve Consent Calendar Items No. 1 through 4 and 6 through 13, with the entire application fee being waived for Agenda Item No. 6.

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 MARCH 12, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of March 12, 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. 3:   PROCLAIMING THE WEEK OF APRIL 9-15, 2012 AS “NATIONAL PUBLIC SAFETY DISPATCHER WEEK” IN THE CITY OF CYPRESS.

Recommendation:   That the Mayor and City Council officially proclaim the week of April 9-15, 2012 as “National Public Safety Dispatcher Week” in the City of Cypress.

Item No. 4:   PROCLAIMING THE MONTH OF APRIL 2012 AS “DMV/DONATE LIFE CALIFORNIA MONTH” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the month of April 2012 as “DMV/Donate Life California Month” in the City of Cypress.

Item No. 6:   REQUEST FOR FEE WAIVER – A REQUEST TO WAIVE OR REDUCE THE TEMPORARY USE PERMIT APPLICATION FEE FOR THE ANNUAL AMERICAN LEGION CLASSIC CAR AND MOTORCYCLE SHOW SCHEDULED FOR MAY 20, 2012 AT 5646 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE.

Recommendation:   That the City Council discuss this request and either waive or reduce the $300.00 Temporary Use Permit application fee for the annual American Legion Classic Car and Motorcycle Show.

Item No.7:    ACCEPTANCE OF 2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2010-14.

Recommendation:   That the City Council: 1) Accept the 2010/11 Slurry Seal Project, Public Works Project No. 2010-14, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,087,450.27; and 2) Approve the final retention payment of $108,745.03 to Sully-Miller Contracting Co., Brea, California; 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:    CONSIDERATION OF DEFERRING CONSTRUCTION OF MYRA AVENUE PUMP STATION NO. 3, PUBLIC WORKS PROJECT NO. 22.

Recommendation:   That the City Council continue to defer construction of Myra Avenue Pump Station No. 3, Public Works Project No. 22, until the Fiscal Year 2012-13 Budget Workshop in May 2012. 

Item No.9:    ADOPTION OF A RESOLUTION SUPPORTING SENATE BILL 1364 RELATING TO WATER CORPORATIONS.

Recommendation:   That the City Council adopt the Resolution by title only, supporting Senate Bill 1364 (Huff) relating to water corporations.

RESOLUTION NO. 6294

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, SUPPORTING SENATE BILL 1364 RELATING TO
WATER CORPORATIONS.

Item No.10:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2012.

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

Item No. 11:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 21280 THROUGH 21446.

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

Recreation and Park District Matters:

Item No. 12:  ACCEPTANCE OF MARY KAY DONATION AND APPROPRIATION OF FUNDS FOR PURCHASE OF AN ARBOR DAY TREE FOR A CITY PARK.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept a donation in the amount of $250.00 from Mary Kay; and 2) Increase estimated revenue to 3713-12 (Donations) by $250.00 and increase appropriations by $250.00 to 212-90301.4103_004 (Activity Supplies) for the purchase of an Arbor Day tree for placement in a City park.

Item No. 13:  APPROVAL OF FUND TRANSFER FOR FIELD REPAIRS AT ARNOLD CYPRESS PARK.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, appropriate $11,985 from the Recreation and Park District Unreserved General Fund to account 111-70228-7229.4187_030 Contract Services Private (Athletic Field Maintenance) in order to conduct field repairs at Arnold Cypress Park.

Regarding Item No. 5:  ORANGE COUNTY TREASURER-TAX COLLECTION REVENUE AND TAXATION CODE SECTION 3700 NOTIFICATION, Mayor Bailey requested that this item be continued to the next regular City Council meeting and that staff ask the surrounding business owners if they are interested in purchasing the property.  

Council Member Luebben stated that he would like staff to find out who the property owner is and if that person has been notified by the County that taxes are due.

The Administrative Services Manager stated that the property has been in default for more than three years, and after that time, the tax collector has the right to sell the property. 

It was moved by Mayor Bailey and seconded by Mayor Pro Tem Narain, that this item be continued to the next regular City Council meeting. 

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

END OF CONSENT CALENDAR

NEW BUSINESS:

No items.

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 MATTERSThe Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency.

No items.

ORAL COMMUNICATIONS:  For Matters Not on the Agenda.

No items.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Luebben:

Attended a SCAG Joint Committee meeting.  Asked for a report on Agenda Item No. 13.

The Recreation and Community Services Director stated that a user group unintentionally modified without authorization a field at Arnold/Cypress Park and, based on City Council’s action tonight, nearly $12,000 would be appropriated from the Recreation and Park District’s Unreserved General Fund for field repairs.  She assured that the group has expressed their remorse and that they would be repaying the entire amount. 

Mayor Pro Tem Narain:

Participated in a tour of the treatment facility at the O.C. Sanitation District.  Attended an O.C. Sanitation District Administration Committee meeting.  Requested that at a future City Council meeting staff provide information on the status of worker’s compensation claims and safety measures taken. 

Council Member Seymore:

Attended a City/Cypress School District Joint Steering Ad Hoc Committee meeting.  Attended an O.C. Fire Authority Executive Committee and Board meeting.

Council Member Mills:

Attended an ACC-OC Oversight Board Task Force meeting.  Attended a Los Alamitos cool shade structure dedication at the Joint Forces Training Base.  Attended a ground water replenishment system demonstration.  Attended a reception for Troy Edgar for Assembly.  Attended a Successor Agency Oversight Board meeting.  Attended a SCAG Policy Committee meeting.  Attended an OCCOG Board of Directors meeting.  Attended a Rossmoor/Los Alamitos Republican Women’s Federation program. 

Mayor Bailey:

Attended an O.C. Vector Control meeting.  Attended a City/Cypress School District Joint Steering Ad Hoc Committee meeting.  Attended a Successor Agency Oversight Board meeting.  Attended an O.C. Vector Control budget meeting.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:51 p.m. to Monday, April 9, 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