MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD APRIL 9, 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
Community Development Director Ted Commerdinger

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), Cypress School District v. City of Cypress, Case Number 30-2011-00522871, 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 7:11 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
Recreation Superintendent Dena Diggins
Human Resources Manager Cathy Thompson
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Aaron Berenschot, Orange County Sheriff’s Department, made a presentation regarding O.C. Crime Stoppers.

Alex Kim and Paul Simons, Southern California Gas Company, made a presentation regarding advanced meter infrastructure plans. 

Council Member Luebben asked if the meter infrastructure plan in San Diego would be done differently in that area by tapping directly into air conditioning as opposed to solar and mounted onto the existing poles. 

Mr. Simons stated that negotiations are taking place to offer the program through other agencies including San Diego Gas & Electric and Pacific Gas & Electric along with the Southern California Edison. 

Mayor Pro Tem Narain asked about the benefits to the consumer.

Mr. Simons stated that consumer benefits include being able to monitor gas usage on a next day basis, along with added privacy, and security by not having a meter reader on their property.

Council Member Mills stated that he has received many comments from community members regarding the intrusion by Southern California Edison smart meters and asked about opt-out opportunities for the community.

Mr. Simons stated that opt-out opportunities can be taken immediately and that the Public Utilities Commission will have a ruling on the opt-out sometime this year. 

Mayor Bailey asked about consequences of not meeting the Public Utilities Commission 1% reduction of natural gas usage for the entire area. 

Mr. Kim replied that the California Public Utilities Commission is sensitive to the rate payers and that there has not yet been implementation of any type of penalty. 

Mayor Pro Tem Narain asked if there would be a tiered rate structure.

Mr. Simons responded that a tiered rate structure is not being considered at this time and that it is not a part of the project.

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), Cypress School District v. City of Cypress, Case Number 30-2011-00522871, Orange County Superior Court.  He stated that a privileged and confidential briefing on a strategy that may lead to a potential settlement was held and that the City Council held a discussion of strategy and its impact on the current scheduling of this litigation.  He stated that Council Member Luebben voted no to authorize further exploration of the negotiating strategy.

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.

Mary Crowder, Cypress, spoke regarding legalizing fireworks in the City.

George O’Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

Celly Feraren Adamo, Cypress, spoke regarding recognition of telecommunication and dispatch operators.

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.

It was moved by Mayor Pro Tem Narain and seconded by Council Member Seymore, to approve Consent Calendar Items No. 1 through 12.

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 26, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of March 26, 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 APRIL 14, 2012 AS “ARBOR DAY” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim April 14, 2012 as “Arbor Day” in the City of Cypress.

Item No. 4:   ADOPTION OF A RESOLUTION EXPRESSING SUPPORT FOR THE GROUNDWATER REPLENISHMENT SYSTEM (GWRS) INITIAL EXPANSION AND A RESOLUTION EXPRESSING SUPPORT FOR THE PRADO BASIN, CALIFORNIA FEASIBLITY STUDY.

Recommendation:   That the City Council adopt the Resolutions by title only, expressing support for the Groundwater Replenishment System (GWRS) Initial Expansion and Prado Basin, Feasibility Study, and direct staff to finalize the letters of support for the Mayor’s signature to be transmitted to the Orange County Water District.

RESOLUTION NO. 6295

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EXPRESSING SUPPORT FOR THE GROUNDWATER REPLENISHMENT
SYSTEM INITIAL EXPANSION.

RESOLUTION NO. 6296

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EXPRESSING SUPPORT FOR THE PRADO BASIN FEASIBILITY STUDY.

Item No. 5:   ORANGE COUNTY TREASURER-TAX COLLECTION REVENUE AND TAXATION CODE SECTION 3700 NOTIFICATION.

Recommendation:   That the City Council consent to the sale of tax-defaulted properties and direct staff to draft a written response to the Orange County Office of the Treasurer-Tax Collector by the due date of April 16, 2012.

Item No. 6:   APPROVAL OF PLANS AND SPECIFICATIONS FOR 2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72.

Recommendation:   That the City Council approve the plans and specifications for the 2011/12 Slurry Seal Project, Public Works Project No. 72.

Item No. 7:   ACCEPTANCE OF 2010/11 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2010-13.

Recommendation:   That the City Council: 1) Accept the 2010/11 Overlay Project, Public Works Project No. 2010-13, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,790,853.88; and 2) Approve the final retention payment of $179,085.40 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:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2011-18.

Recommendation:   That the City Council: 1) Award a contract for the 2011/12 Overlay Project, Public Works Project No. 2011-18, in the amount of $1,128,845.00, to the lowest responsible bidder R.J. Noble Co., Orange, CA; authorize a contingency of $169,293 (15% of Bid Amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $87,729, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2011/12 Overlay Project (Project No. 2011-18), to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $13,160 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 9:   DESIGN REVIEW COMMITTEE PERMIT NO. 2011-03, A REQUEST TO RE-BUILD A FIRE DAMAGED INDUSTRIAL BUILDING ON THE PROPERTY LOCATED AT 5574 MARKET PLACE IN THE BP BUSINESS PARK ZONE.

Recommendation:   That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2011-03, subject to the conditions in Exhibit “A” of the Resolution.

RESOLUTION NO. 6297

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2011-03
- WITH CONDITIONS.

Item No. 10:  EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-13 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07, A REQUEST FOR A TWO (2) YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP PLANNING BUSINESS PARK ZONE.

Recommendation:   That the City Council adopt the Resolutions by title only, approving a two (2) year extension of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 (until April 28, 2014), subject to the original conditions of approval.

RESOLUTION NO. 6298

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A TWO-YEAR EXTENSION OF CONDITIONAL USE
PERMIT NO. 2007-13 – WITH CONDITIONS.

RESOLUTION NO. 6299

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A TWO-YEAR EXTENSION OF DESIGN REVIEW
COMMITTEE PERMIT NO. 2007-07 – WITH CONDITIONS.

Item No. 11:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 21447 THROUGH 21597.

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:  APPROVAL OF FUND TRANSFER FOR A CITY SPONSORED CONCERT TO BE HELD ON JUNE 16, 2012.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, appropriate $1,500 from the Recreation and Park District Unreserved General Fund to account 212-90314.4187_024 (Contract Services) for entertainment, sound, and lighting for a City sponsored concert.

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 13:  ADOPTION OF A RESOLUTION AUTHORIZING PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP) TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM.

The Administrative Services Manager provided background information on this item.

The City Attorney stated that the recommended contract language is the City’s standard form language.  He indicated that the City proposed a revision to the contract language and PARS proposed a compromise.  He stated that he would not object or recommend to the City Council approving the language provided by PARS. 

Mayor Bailey asked about the difference in the contract language.

The City Attorney replied that the City’s language holds the provider to the highest professional standard of care and PARS’s language holds them to a reasonable standard of care. 

The Mayor asked about the fiscal impact of the contract. 

The Administrative Services Manager stated that there would be a $5,000 impact to the City should the City Council decide to not move forward with the plan once it has been offered to the eligible employees. 

The Administrative Services Manager clarified that the City could move forward with this item if the City Council chooses to waive the City Attorney contract language and accept the PARS contract language.  He stated that if the City Council decides to accept the City Attorney’s language, then the item would be continued so that the City Attorney’s office could work with PARS counsel on agreeable contract language. 

Mitch Barker, Executive Vice President, PARS, stated that the contract language is PARS’s best effort to get close to the City’s contract language and that PARS is not comfortable with the City’s contract language. 

Council Member Seymore clarified that the program would be delayed should the City not adopt the PARS contract language and asked about PARS’s language concerns. 

Mr. Barker responded in the affirmative and that the contract language could be discussed one more time and that similar language has been used with several other cities. 

Mayor Bailey stated the PARS contract language is acceptable to him. 

Council Member Seymore stated that the City Attorney’s recommended contract language is standard for many other City contracts and that the City’s standards should not be lowered.  He suggested that “reasonable care” be reworded to “professional care.” 

Council Member Luebben commented that he understands how the contract language is legal term and a professional standard and that it would be unlikely to get PARS to agree to the highest professional standard.  He stated that the revised contract language is an obligation to the City Attorney.  He indicated that he is voting against this item but not because of the contract language.

It was moved by Council Member Seymore that the City Council: 1) Not waive the standard language used in the City’s contracts; and 2) Adopt the Resolution by title only, authorizing Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early retirement incentive program.

A substitute motion was made by Council Member Mills and seconded by Mayor Pro Tem Narain, that the City Council: 1) Waive the standard language used in the City’s contracts in Section 1 of the agreement and adopt the PARS proposed language; and 2) Adopt the Resolution by title only, authorizing Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early retirement incentive program.

The substitute 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. 6300

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING ADOPTION OF A SUPPLEMENTAL RETIREMENT
SYSTEM (SRP).

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.

None.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Luebben:

Attended the 2012 SCAG Regional Conference and General Assembly.

Mayor Pro Tem Narain:

Asked staff to provide information on fireworks safety.  Attended an O.C. Sanitation District Board meeting.  Attended an ACC-OC monthly meeting.

Council Member Seymore:

Attended the grand opening for Sandvik Coromant.  Attended the Easter Egg Hunt at Oak Knoll Park.  Attended a memorial service for Gloria Straub at the Cypress Senior Citizens Center.  Attended the Myra Avenue Pump Station ribbon cutting.  Stated that the Fire Station dedication ceremony will be held on Saturday, April 28, 2012.

Council Member Mills:

Attended an ACC-OC Oversight Task Force meeting.  Participated in a SCAG Bylaws Committee teleconference.  Attended the Cypress Oversight Board meeting.  Attended the SCAG Regional Conference and General Assembly.  Attended an ACC-OC Legislative Committee meeting.  Attended a memorial service for Gloria Straub at the Cypress Senior Citizens Center.  Attended the Myra Avenue Pump Station ribbon cutting.

Mayor Bailey:

Attended the grand opening for Sandvik Coromant.  Attended the Cypress Oversight Board meeting.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of Jeanette Yarc at 8:36 p.m. to Monday, April 23, 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