MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MAY 14, 2012

A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Bailey in the Executive Board Room, 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
Assistant City Attorney Lindsay Tabaian
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant Finance Director Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Public Works Superintendent Bobby Blackburn
Human Resources Manager Cathy Thompson
Recreation Superintendent Dena Diggins
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

None.

WORKSHOP SESSION:

The City Manager stated that the City Council would be presented with the proposed Fiscal Year 2012-2013 annual budget. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the Seven-Year Capital Improvement Projects (CIP) and the City and Cypress Recreation & Park District budgets would be presented for adoption at the June 11, 2012 Council meeting.

The Assistant City Manager/Director of Finance and Administrative Services indicated that assumptions for preparing the Fiscal Year 2012-13 budget include a budget balanced and funded even with financial restraints.  He stated that the City’s goal is to continue to limit and contain expenditures in the General Fund due to the current economic concerns. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the combined proposed budgets for Fiscal Year 2012-13 for the City, Cypress Recreation & Park District, Successor Agency Housing (City), and Successor Agency to the Redevelopment Agency (Oversight Board) is approximately $40.4 million.  He commented that the proposed City budget reflects a decrease of approximately $6.2 million. 

The Assistant City Manager/Director of Finance and Administrative Services provided a budget summary for Fiscal Years 2010-11 through 2012-13. 

Mayor Pro Tem Narain asked about the percent increase in CIP Personnel.

The Public Works Director responded that personnel costs vary each year based on the magnitude of the capital project. 

Mayor Bailey asked if overall personnel costs would decrease should capital projects decrease. 

The Assistant City Manager/Director of Finance and Administrative Services replied that the overall personnel costs would not decrease unless there is a reduction in staff. 

Council Member Luebben clarified that personnel costs may be reassessed in future years should capital projects decrease. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the proposed City personnel costs is approximately $17.8 million, which is a 2.7% increase due to the shift in redevelopment costs to the City and the incorporation of anticipated salary increases. 

Mayor Bailey asked about the proposed operating budget for the Cypress Recreation & Park District. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the proposed operating budget for the Cypress Recreation & Park District is approximately $4.8 million. 

Council Member Luebben asked if the proposed City personnel costs include employee benefits. 

The Assistant City Manager/Director of Finance and Administrative Services responded in the affirmative. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the General Fund total revenues/sources is approximately $27.9 million, which is a decrease of 5.4% mainly due to the City no longer receiving Redevelopment Agency loan money earnings and the takeaway of Vehicle License Fee funds.  He commented that the General Fund total expenditures/uses is approximately $28.2 million, which is a decrease of 4.4%. 

The Assistant City Manager/Director of Finance and Administrative Services informed that the General Fund total operating budget is approximately $23.7 million which was impacted by negotiated personnel costs, election costs, absorption of Redevelopment Agency funded costs, and Police Management reorganization.  He stated that this fund does not include Public Agency Retirement Services (PARS) impacts. 

The Assistant City Manager/Director of Finance and Administrative Services provided a general overview of the net impact on the General Fund balance which reflects a $73,747 decrease in the unassigned fund balance. 

The Assistant City Manager/Director of Finance and Administrative Services indicated that estimated revenues/sources and proposed expenditures for the Cypress Recreation & Park District are approximately $4.8 million each.  He stated that there is a slight deficit of approximately $70,000 due to continuing to fund capital projects at more than what the operating budget can handle. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the Cypress Redevelopment Agency has been dissolved as of February 1, 2012, and that costs associated with the Agency have been eliminated or shifted to the City or the Successor Agency Budgets.  He informed that the State would be demanding that the City pay $2.4 million in housing funds and it is anticipated that the State would be demanding $2.6 million from the Redevelopment Agency. 

Mayor Bailey asked about the sewers on Lincoln Avenue. 

The Assistant City Manager/Director of Finance and Administrative Services replied that funding for the sewers on Lincoln Avenue should not be affected by the State takeaway.

The Assistant City Manager/Director of Finance and Administrative Services stated that revenue projections are based on current revenue receipts, trends, current development activity, internal/external analysis, and economic data.  He indicated that the current year revenue was impacted by the loss of Redevelopment loan money of approximately $1.9 million and increased property tax. 

The Assistant City Manager/Director of Finance and Administrative Services indicated that State budget deficit that may occur in Fiscal Year 2012-13 is currently estimated at $16 billion. 

Council Member Luebben asked for clarification on the guidelines of the State takeaways.

The Assistant City Manager/Director of Finance and Administrative Services stated that based on a recent lawsuit, it was determined that the State can takeaway whatever it wants, however, Cypress is a charter City which may cause more difficulty for the State.

Mayor Pro Tem Narain asked about the economic forecast for housing. 

The Assistant City Manager/Director of Finance and Administrative Services commented on the difficulties of the housing forecast. 

The Assistant City Manager/Director of Finance and Administrative Services indicated that approximately $308,000 worth of capital items would be purchased in Fiscal Year 2012-13 including the replacement of five police vehicles and replacement of video equipment/file server. 

The Assistant City Manager/Director of Finance and Administrative Services stated that for Fiscal Year 2012-13 the internal service funds, replacements funds, and insurance funds are fully funded.  He informed that the City’s Public Employee’s Retirement System (PERS) is not fully funded. 

Council Member Luebben asked about retirees’ medical costs.

The Assistant City Manager/Director of Finance and Administrative Services responded that the retirees’ medical actuary is approximately $4.6 million and that it is fully funded. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the City/Recreation & Park District Fiscal Year 2012-13 Capital Improvement Projects budget is approximately $9 million. 

The Public Works Director reported that approximately $16.5 million in Public Works Capital Improvement Projects was spent in Fiscal Year 2011-12, which included street improvements, irrigation, and Pump Station No. 2.  He requested direction from the City Council for Pump Station No. 3. 

Council Member Luebben commented that he is in support of building a pump station.

Mayor Bailey spoke in support of the Fiscal Year 2012-13 Capital Improvement Projects budget. 

Mayor Pro Tem Narain commented on the current economic concerns and stated that he is in support of delaying and reassessing the pump station. 

Mayor Bailey asked about the pump station project being spread out over multiple years.

The Public Works Director stated that the design cost for the pump station was $1 million and commented that staff had begun preparations to build the pump station and that at its workshop of March 26, 2012, City Council voted to defer the project to Fiscal Year 2012-13.  He indicated that the pump station must be built within two years and should not be spread out over several years. 

Mayor Pro Tem Narain asked about the status of the current pump.

The Public Works Director responded that the current pump station needs a 62% increase in capacity and that pump standards fluctuate over the years. 

Council Member Luebben asked what the pump station funds would be used for should the project not be done.

Mayor Bailey spoke in support of delaying and reassessing the pump station. 

Council Member Seymore expressed concerns with the City’s liability should the pump station not be built and a major flood occurs, and spoke in favor of moving forward with the project.

The Public Works Director stated that on a worst case scenario, approximately 20 homes could be affected should a major flood occur in the area. 

It was moved by Mayor Bailey and seconded by Mayor Pro Tem Narain, that the Myra Avenue Pump Station No. 3, Public Works Project No. 22, be deferred for one year. 

The motion was carried by the following roll call vote:

AYES:        3    COUNCIL MEMBERS:   Mills, Narain and Bailey
NOES:        2    COUNCIL MEMBERS:   Luebben, Seymore
ABSENT:    0    COUNCIL MEMBERS:   None

The Assistant City Manager/Director of Finance and Administrative Services confirmed that proposed Fiscal Year 2012-13 funds for the Myra Avenue Pump Station No. 3, Public Works Project No. 22, would be moved back to the infrastructure fund and reallocated in the future. 

The City Council responded in the affirmative. 

The Assistant City Manager/Director of Finance and Administrative Services stated that the State could borrow money from cities under Proposition 1A, however, they still owe the City money and may not borrow more until the existing loans are repaid.  He informed that PERS rates are projected to increase over the next several years. 

Council Member Mills asked about interest in pursuing the Chevron solar dedication study, as discussed at a City Council workshop in August 2011. 

The Public Works Director stated that the study could be done at the discretion of the City Council. 

Mayor Bailey asked about costs associated with the study.

Council Member Mills replied that the study is free if the City partners with Chevron, similar to what has been done by the City of Brea, and asked that the City of Brea be contacted. 

Council Member Luebben stated that he is not interested in the program. 

The City Manager indicated that there are other businesses in town that may be considered

Mayor Bailey expressed interest in looking into the program. 

Council Members Mills clarified that this program would generate monies for the City’s General Fund and that there is no cost to the study. 

The City Manager responded that he would follow-up with the City of Brea. 

Council Member Seymore stated that he is not opposed to solar energy and a free analysis. 

The Assistant City Manager/Director of Finance and Administrative Services stated that there would have to be an open bid process.

The Assistant City Manager/Director of Finance and Administrative Services commented that the proposed budget for Fiscal Year 2012-13 would be a balanced budget with no layoffs or furloughs. 

CLOSED SESSION:

The Assistant City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c)), Number of Cases: One. 

At 6:28 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 7:16 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
Assistant City Attorney Lindsay Tabaian
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Associate Planner Kori Nevarez
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 Council Member Mills.

PRESENTATIONS:

The Police Chief introduced new Cypress Police Officer Andy Lee.

The Mayor presented a Certificate of Special Recognition for lifesaving efforts made on April 13, 2012 to Cypress Police Officer Paulo Morales, Los Alamitos Corporal Chris Anderson, Susan Garey and Sheri Fritsch of Warland Investments Co., and Anthony Marinello, David Loros, Edson Anaya, John Slater, and Jorge Villegas of Premier Displays & Exhibits. 

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening.

The City Manager reported that the City Council held a workshop regarding the proposed Fiscal Year 2012-2013 Annual Budget.  He stated that the City Council provided direction to staff and that budget hearings will be held in June 2012 for adoption by the City Council.

The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening.

The Assistant City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c)), Number of Cases: One.  She stated that the City Council and Successor Agency Board conferred with its legal counsel and authorized legal counsel to pursue an administrative or alternatively litigation strategy in response to an adverse determination by the State Department of Finance which was reviewed and approved by the Board and the City Council. 

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.

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

Jenelle Godges, Southern California Edison, spoke regarding their summer outreach and updates.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

Item No. 1:   A CONTINUED PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-01, A REQUEST TO OPERATE A RESTAURANT WITH INDOOR BEER AND WINE SALES, AS WELL AS OUTDOOR DINING, LOCATED AT 6855-6859 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Associate Planner provided background information on this item and stated that the public hearing was opened at the April 23, 2012 City Council meeting.

Council Member Luebben asked about alcohol being served in the outdoor eating area and the difference between this restaurant and Super Mex.

The Associate Planner stated that alcohol may not be served and/or consumed in the outdoor eating area of the restaurant and that Super Mex has an outdoor permit to allow such. 

Mayor Bailey asked for clarification on the outdoor eating area. 

The Associate Planner stated that the outdoor eating area meets the minimum criteria for handicap access.

Mayor Bailey asked if there was anyone who wished to speak in favor of the item.

The applicant, Harlan Faust, stated that he is working as a consultant with Chipotle Mexican Grill and discussed negotiating details with the property owner and the restaurant’s proposed design changes.  He indicated that the outdoor eating area complies with the Americans with Disabilities Act (ADA). 

Council Member Mills asked about control methods to keep patrons from going to the outside eating area with alcohol.

Council Member Luebben stated he is happy to see Chipotle coming into Cypress and asked about the design of the restaurant.

Mr. Faust stated that the restaurant’s interior will be restricted to the trait dress and that only signage will be on the outside. 

Matthew Wanstreet, Team Leader for Chipotle, stated that alcoholic beverage sales represent less than half of one percent of overall sales, and assured that restaurant staff are trained to enforce the prohibition of alcohol in the outside eating area. 

Mayor Bailey asked if the conditions are accepted by the applicant.

Mr. Wanstreet responded in the affirmative. 

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 Council Member Luebben, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2012-01, subject to the originally proposed conditions and the revised Condition No. 28 in Exhibit “A” of the Resolution.

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

RESOLUTION NO. 6302

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-01 -
WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-1, A REQUEST TO EXPAND AN EXISTING CONVENIENCE MARKET WITH OFF-SALE BEER AND WINE INTO AN ADJACENT LEASE SPACE AND ADD PERIODIC BEER AND WINE TASTING LOCATED AT 5721 LINCOLN AVENUE, SUITES A & B, IN THE PC PLANNED COMMUNITY ZONE.

The Associate Planner provided background information on this item.

Council Member Seymore asked about the number of beer and wine samples allowed and State regulations for such. 

The Associate Planner stated that based on the blood alcohol content chart with the proposed wine servings being 2 ounces and the proposed beer servings being 4 ounces, there would be up to six wine servings per tasting and up to 12 beer servings per tasting.  She indicated that patrons would purchase tickets and once the maximum amount is used, no additional tickets would be available for purchase. 

Council Member Seymore expressed concern with the amount of alcohol that would be consumed at the tastings and the possibility of patrons operating a vehicle after consuming such. 

The Associate Planner stated that the applicant would consider a lesser maximum serving. 

Council Member Seymore asked if a limit of one tasting per month is stipulated in the Conditions of Approval.

The Associate Planner responded that Condition No. 28 stipulates that the beer and wine tasting promotional events shall occur no more than once per calendar month. 

The public hearing was opened.

The applicant, Gurinder (Raza) Bains, stated that he accepted the conditions and that he will comply with State and City Council regulations.

The Assistant City Attorney stated that based on California State Law, the applicant may not sale alcohol to an impaired person and that that may be added to the Conditions of Approval. 

Council Member Mills asked about controls for the number of samples each customer would have.

Mr. Bains stated that controlling the number of samples would be a challenge, however, he has varied customer service experience and is confident that he would be able to handle the situation.  He clarified that wine tastings would not be held on the same day as beer tastings.

Council Member Mills asked about the combined chemical effects of mixing beer and wine. 

Mr. Bains responded that wine typically has a higher percent of alcohol volume than beer and that consumption would be controlled and all guidelines would be followed. 

Council Member Luebben stated that he does not want to limit the number of wine and beer tastings to one per month.

Mayor Bailey asked if food would be served at the tastings.

Mr. Bains responded in the negative. 

Council Member Mills suggested that the City Council revisit the number of tastings in the future.

Council Member Seymore reiterated that all provisions of the State Code be added to Condition No. 3 and that Condition No. 28 includes verbiage to restrict beer and wine tastings separately. 

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 adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 88-1, subject to the amended conditions in Exhibit “A” of the Resolution, and as further amended by the City Council.

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

RESOLUTION NO. 6303

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-1 –
WITH CONDITIONS.

Item No. 3:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-02 AND TENTATIVE TRACT MAP NO. 17442, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT EIGHT (8) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6151 ORANGE AVENUE IN THE RM-20-CC RESIDENTIAL MULTIPLE-FAMILY CIVIC CENTER OVERLAY ZONE.

The Planning Manager provided background information on this item.

Council Member Seymore asked about the maximum number of units that would be allowed on the site.

The Planning Manager indicated that 10 is the maximum number of units allowed on the site. 

The public hearing was opened.

The applicant, Chirag Desai, stated that the conditions have been reviewed and accepted.

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.

Council Member Luebben asked about parking for the project.

The Planning Manager stated that the project meets the parking required by the City Code. 

It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2012-02 and Tentative Tract Map No. 17442, subject to the conditions in Exhibit “A” of the Resolutions.

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

RESOLUTION NO. 6304

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-02 -
WITH CONDITIONS.

RESOLUTION NO. 6305

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 17442 –
WITH CONDITIONS.

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 Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 4 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. 4:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 23, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of April 23, 2012, as submitted.

Item No. 5:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 6:   PROCLAIMING THE MONTH OF MAY 2012 AS “COMMUNITY ACTION MONTH” IN THE CITY OF CYPRESS.

Recommendation:   That the Mayor and City Council officially proclaim the month of May 2012 as “Community Action Month” in the City of Cypress.

Item No. 7:   EXTENSION AND CLARIFICATION OF TERM OF SERVICE CONTRACT – CALIFORNIA FORENSIC PHLEBOTOMY.

Recommendation:   That the City Council: 1) Dispense with the formal bidding process, pursuant to Cypress Municipal Code Section 21-A10C, D, and F, since California Forensic Phlebotomy (“CFP”) is the only County trained vendor and since the City Council has previously approved the service agreement that is the subject of this report; and 2) Extend the previously authorized four (4) year term of the service contract for phlebotomy services (blood draws) with CFP, 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California 92692, for an additional five (5) year period ending on July 1, 2017.

Item No. 8:   ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM FOR THE CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT, CIP PROJECT NO. 84.

Recommendation:   That the City Council adopt the Resolution by title only, authorizing submittal of an application for funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 1 Grant Program for the Citywide Automatic Retractable Screen (ARS) Project, CIP Project No. 84, and for future applications for each subsequent year through Fiscal Year 2017-18.

RESOLUTION NO. 6306

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT AND
AUTHORIZING FUTURE APPLICATIONS FOR FUNDS FOR EACH
SUBSEQUENT YEAR THROUGH FISCAL YEAR 2017-18.

Item No. 9:   ACCEPTANCE OF VALLEY VIEW FIBER OPTIC INSTALLATION PROJECT, PUBLIC WORKS PROJECT NO. 2009-10.

Recommendation:   That the City Council: 1) Accept the Valley View Fiber Optic Installation Project, Public Works Project No. 2009-10, as being satisfactorily completed in conformance with the project specifications, in the final amount of $281,813.38; and 2) Approve the final retention payment of $28,181.34 to Steiny and Company, Inc., Baldwin Park, 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. 10:  ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDS FROM THE STATE-LOCAL PARTNERSHIP PROGRAM UNDER THE PROPOSITION 1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 FOR THE CERRITOS AVENUE (EAST) WIDENING PROJECT, PUBLIC WORKS PROJECT NO. 81.

Recommendation:   That the City Council adopt the Resolution by title only, authorizing submittal of application for funds from the State-Local Partnership Program (SLPP) Under the Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Prop 1B) for the Cerritos Avenue (East) Widening Project, Public Works Project No. 81.

RESOLUTION NO. 6307

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDS FROM THE
STATE-LOCAL PARTNERSHIP PROGRAM UNDER THE PROPOSITION
1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND
PORT SECURITY BOND ACT OF 2006 FOR THE CERRITOS AVENUE
(EAST) WIDENING PROJECT, PUBLIC WORKS PROJECT NO. 81.

Item No. 11:  SELECTION OF THE CITY’S AUDITORS AND APPROVAL OF AN AWARD OF A THREE YEAR CONTRACT FOR AUDIT SERVICES TO WHITE NELSON DIEHL EVANS, LLP FOR THE FISCAL YEARS ENDED JUNE 30, 2012 THROUGH JUNE 30, 2012.

Recommendation:   That the City Council select the firm of White Nelson Diehl Evans, LLP as the City’s auditors and approve the three year award of contract for the fiscal years ended June 30, 2012 through June 30, 2014 with an option to extend the contract for an additional two-year term.

Item No. 12:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 21753 THROUGH 22064.

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

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 13:  CONSIDERATION OF AN ORDINANCE AMENDING THE CYPRESS MUNICIPAL CODE RELATING TO THE SOLICITATION OF EMPLOYMENT.

The Assistant City Attorney provided background information on this item. 

Council Member Luebben spoke in support of this item. 

It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council introduce for first reading the Ordinance by title only, amending Cypress Municipal Code § 24-78 regarding solicitation of employment.

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, AMENDING CYPRESS MUNICIPAL CODE § 24-78
REGARDING SOLICITATION OF EMPLOYMENT.

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 a SCAG Energy and Environment Committee meeting.  Attended the Cypress Police Foundation Appreciation luncheon.  Spoke regarding construction of Chase Bank on Valley View Street, the alert actions of a Cypress Police Officer at Maple Grove South Park, the jaywalking pedestrian that was struck and killed on Cerritos Avenue, the State budget, and Oversight Boards to redevelopment agencies.

The Chief stated that the pedestrian killed on Cerritos Avenue was a Cypress resident and that the investigation is ongoing.

Mayor Pro Tem Narain:

Attended the AGENT workshop hosted in partnership by the Small Business Administration.  Attended an O.C. Sanitation District Board meeting.  Attended the O.C. Fire Authority fire station ribbon cutting ceremony.  Attended the Rising Stars and Youth Juried Arts awards and the Friends of Cypress Cultural Arts (FOCCA) scholarship awards reception at the Cypress Senior Citizens Center.  Attended an Anaheim Union High School District meeting.  Attended an O.C. Sanitation District Administrative Committee meeting.  Attended the Cypress Police Foundation Appreciation luncheon.  Attended the ACC-OC monthly meeting.

Council Member Seymore:

Attended the Pacific Electric Right-of-Way Steering Committee meeting.  Attended an O.C. Fire Authority orientation meeting.  Attended the O.C. Fire Authority fire station ribbon cutting ceremony.  Attended a West-Comm Board meeting.  Attended the Cypress Police Foundation Appreciation luncheon.  Attended the ACC-OC monthly meeting.  Attended the Orange County Government Leaders prayer breakfast.

Council Member Mills:

Asked for information regarding the opt-out process for the Southern California Gas Company and Southern California Edison.

The Administrative Services Manager provided contact information for both companies.

Attended an OCCOG Board of Directors meeting.  Attended the O.C. Fire Authority fire station ribbon cutting ceremony.  Attended the Rising Stars and Youth Juried Arts awards and the Friends of Cypress Cultural Arts (FOCCA) scholarship awards reception at the Cypress Senior Citizens Center.  Attended the SCAG Policy and Regional Council meetings.  Attended an ACC-OC Legislative Committee meeting.  Attended the Cypress Police Foundation Appreciation luncheon.  Attended the ACC-OC monthly meeting.  Attended the Orange County Government Leaders prayer breakfast.  Encouraged the community to attend the Memorial Day ceremony at Forest Lawn.

Mayor Bailey:

Attended the Rising Stars and Youth Juried Arts awards and the Friends of Cypress Cultural Arts (FOCCA) scholarship awards reception at the Cypress Senior Citizens Center.  Attended the Cypress Police Foundation Appreciation luncheon.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:59 p.m. to Tuesday, May 22, 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