MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MAY 29, 2012

A regular meeting of the Cypress City Council was called to order at 6:30 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
City Attorney William Wynder
Public Works Director Doug Dancs

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Number 242-332-01, Located at 4545 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment. 

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 7:18 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
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Assistant Director of Finance and Administrative Services Matt Burton
Assistant Planner Judy Aquino
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:

The Mayor presented a Certificate of Special Recognition to Oxford Academy Principal Kathy Scott for being ranked the No. 1 High School in California by U.S. News and World Report. 

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 Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Number 242-332-01, Located at 4545 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.  He stated that a discussion was held regarding an offer being made by the City for the acquisition of the site and that an extensive discussion was held with the City Council with a vote of 3-2 with Council Members Luebben and Seymore voting no, to give negotiating authority and direction to staff. 

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.

Shelley Henderson, Cypress, spoke regarding the first edition of the O.C. Breeze being delivered this Thursday, May 31, 2012.

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).

Item No. 1:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-03, A REQUEST TO INSTALL A MICROSITE RECYCLING CENTER AT THE REAR AREA OF THE COSTCO MEMBER WAREHOUSE LOCATED AT 5401 KATELLA AVENUE WITHIN THE PBP PLANNED BUSINESS PARK ZONE.

The Assistant Planner provided background information on this item.

Mayor Pro Tem Narain asked about the excess parking spaces available.

The Assistant Planner stated that there are approximately 140 extra parking spaces. 

Mayor Bailey asked if the recycling facility would back up to the building.

The Assistant Planner responded in the affirmative. 

Council Member Seymore asked if it is a paid recycling facility.

The Assistant Planner stated that customers would have the ability to exchange recycling items on site for cash. 

The public hearing was opened.

The applicant, Jesse Velasquez representing NexCycle, stated that he agrees to all of the conditions of approval.

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 stated that he is in favor of the recycling center. 

It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2012-03, subject to the conditions 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. 6309

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-03
- 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 Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 2 through 9.

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. 2:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 14, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of May 14, 2012, as amended.

Item No. 3:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 4:   SECOND READING OF AN ORDINANCE AMENDING THE CYPRESS MUNICIPAL CODE RELATING TO THE SOLICITATION OF EMPLOYMENT.

Recommendation:   That the City Council adopt the Ordinance by title only, amending Cypress Municipal Code § 24-78 regarding solicitation of employment.

ORDINANCE NO. 1133

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CYPRESS MUNICIPAL CODE § 24-78
REGARDING SOLICITATION OF EMPLOYMENT.

Item No. 5:   APPROVAL OF FINAL PARCEL MAP NO. 2011-109. PROPERTY LOCATED AT KATELLA AVENUE AND ENTERPRISE DRIVE.

Recommendation:   That the City Council approve Final Parcel Map No. 2011-109 and authorize the City Clerk to sign the record map.

Item No. 6:   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 FY 2012-13 VALLEY VIEW AND LINCOLN OVERLAY, PUBLIC WORKS PROJECT NO. 89.

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 FY 2012-13 Valley View and Lincoln Overlay, Public Works Project No. 89.

RESOLUTION NO. 6310

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 FY 2012-13 VALLEY VIEW
AND LINCOLN OVERLAY, PUBLIC WORKS PROJECT NO. 89.

Item No. 7:   APPROVAL OF PLANS AND SPECIFICATIONS FOR VALLEY VIEW STREET/BALL ROAD STORM DRAIN IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 79.

Recommendation:   That the City Council approve the plans and specifications for the Valley View Street/Ball Road Storm Drain Improvements, Public Works Project No. 79.

Item No. 8:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2012.

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

Item No. 9:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 22065 THROUGH 22251.

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. 10:  APPOINTMENT OF DIRECTOR TO THE ANAHEIM UNION HIGH SCHOOL DISTRICT FOUNDATION.

The City Clerk provided background information on this item.

Council Member Seymore asked if the representative must be a City Council Member or could it be a City resident. 

The City Clerk responded that the request indicated that the representative could be either a City Council Member or a member of the community.

Mayor Bailey stated that this foundation used to be the Anaheim Union High School District Athletic Foundation and that the scope of the foundation is broadening and that it is the desire of the foundation that the representative be a Council Member.  He indicated his support of this item. 

Council Member Luebben asked about the term.

Mayor Bailey stated that the term on the foundation would be consistent with the City Council Committee appointments made each December and that this appointment would end in December when reappointments are made.  He indicated that he and Mayor Pro Tem Narain are currently serving on the City/Anaheim Union High School District Joint Steering Ad Hoc Committee. 

Council Member Luebben asked about matters that the foundation would vote on.

Mayor Bailey replied that voting matters have not yet been determined. 

Council Member Luebben nominated Council Member Seymore as the representative to the Anaheim Union High School District Foundation. 

Mayor Bailey commented that it would make more sense for either he or Mayor Pro Tem Narain to serve on the foundation since they are currently on the Anaheim Union High School District Ad Hoc Committee. 

Mayor Pro Tem Narain spoke in support of the Mayor serving on the foundation. 

Council Member Seymore declined his nomination. 

It was moved by Council Member Mills and seconded by Council Member Seymore, that Mayor Bailey be appointed as the representative to the Anaheim Union High School District Foundation.

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

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 Audit Committee meeting.  Attended a Choir and Performing Arts performance at Lexington Junior High School.  Spoke regarding former City Council Member Frank McCoy.

Mayor Pro Tem Narain:

Attended an O.C. Medical Association Annual meeting.  Attended a special City Council meeting for conducting Commission interviews.  Attended an O.C. Sanitation District Board meeting.  Attended the Memorial Day celebration at Cypress Forest Lawn.

Council Member Seymore:

Attended a special City Council meeting for conducting Commission interviews.  Attended an O.C. Fire Authority Board meeting.  Attended the Memorial Day celebration at Cypress Forest Lawn.

Council Member Mills:

Attended a SCAG Audit Committee meeting.  Attended the Long Beach City College Senior of the Year Award luncheon.  Attended a special City Council meeting for conducting Commission interviews.  Attended a surprise birthday dinner for Police Chaplain Jerry Schumard.  Attended an OCCOG Executive Committee meeting.  Introduced Colonel John Fer, U.S. Air Force Retired, at a Memorial Day event at the Joint Forces Training Base.  Attended the Memorial Day celebration at Cypress Forest Lawn.  Spoke regarding Mayer Hoffman McCann, former auditors for the City of Bell. 

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:51 p.m. to Monday, June 11, 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