MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 25, 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
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Dancs
Planning Manager Doug Hawkins

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 Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works, Under Negotiation: Price and Terms of Payment. 

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators:  John B. Bahorski and Richard Storey, Employee Groups: Police Management Association, Mid-Management, Non-Represented. 

The City Attorney reported that the City of Cypress/Successor Agency 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 6:02 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 7:07 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 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
Human Resources Manager Cathy Thompson
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 recognized and presented a Certificate of Appreciation to outgoing Recreation & Community Services Commissioner Carlos Ramirez. 

The Mayor recognized and presented Certificates of Appointment to the following newly-appointed Commissioners and the Loyalty Oath of Office was administered to:  Stacy Berry and Marie Chance, Senior Citizens Commission.

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 Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works, Under Negotiation: Price and Terms of Payment.  He stated that staff and legal counsel reviewed with the City Council the potential terms and conditions of an Exclusive Negotiation Agreement and that the City Council unanimously authorized the circulation of the Exclusive Negotiation Agreement. 

The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators:  John B. Bahorski and Richard Storey, Employee Groups: Police Management Association, Mid-Management, Non-Represented.  He stated that the City Council reviewed the Police Management Association’s initial proposal and authorized their negotiators to make a responding proposal and authorized their labor negotiations to make initial proposals with the Mid-Management and Non-Represented employee groups.

The City Attorney reported that the City of Cypress/Successor Agency 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.  He stated that no decision was made at this time and that this item will be brought back to the next City of Cypress/Successor Agency meeting for a final determination. 

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.

Mariellen Yarc, 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.

It was moved by Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 1 through 13.

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 JUNE 11, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of June 11, 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 MONTH OF JULY 2012 AS “PARKS AND RECREATION MONTH” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the month of July 2012 as “Parks and Recreation Month” in the City of Cypress.

Item No. 4:   ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2012.

Recommendation:   That the City Council adopt the Resolutions by title only, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code.

RESOLUTION NO. 6318

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.

RESOLUTION NO. 6319

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 GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2012, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

Item No. 5:   APPROVAL OF FINAL TRACT MAP NO. 17421. PROPERTY LOCATED AT MOODY STREET AND ORANGE AVENUE.

Recommendation:   That the City Council approve Final Tract Map No. 17421 and authorize the City Clerk to sign the record map.

Item No. 6:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72.

Recommendation:   That the City Council: 1) Award a contract for the 2011/12 Slurry Seal Project, Public Works Project No. 72, in the amount of $1,718,449, to the lowest responsible bidder All American Asphalt, Corona, California; authorize a contingency of $257,768 (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 $173,150, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2011/12 Slurry Seal Project, Public Works Project No. 72, to Vali Cooper and Associates, Inc. (Vali Cooper); authorize a contingency of $25,973 (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. 7:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT/ENGINEERING SUPPORT/TESTING AND INSPECTION SERVICES FOR THE MYRA AVENUE STORM DRAIN (SD2) PROJECT, PUBLIC WORKS PROJECT NO. 84.

Recommendation:   That the City Council: 1) Award a contract for the Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, in the amount of $3,473,099, to the lowest responsible bidder Palp Inc., DBA Excel Paving Co., Long Beach, California; authorize a contingency of $520,965 (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 $274,382, within the existing on-call agreement for Construction Management/Engineering Support/Testing and Inspection Services, for Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, to AKM Consulting Engineers (AKM); authorize a contingency of $41,158 (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. 8:   APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF THE TASER X26 AND TASER CARTRIDGES.

Recommendation:   That the City Council: 1) Approve the appropriation of $31,256 to account number 281-50179.4113 (Small Tools and Equipment) from the Narcotics Asset Seizure Fund (281) fund balance for the purchase of thirty-three (33) TASER X26 Electronic Control Devices (ECD) and one-hundred (100) TASER cartridges; and 2) Award a contract to TASER International, Inc., 17800 N. 85th Street, Scottsdale, AZ 85255, in the amount of $31,256 for the purchase of thirty-three (33) TASER X26 Electronic Control Devices and one-hundred (100) TASER cartridges; and 3) Make a finding, pursuant to Cypress Municipal Code § 21A-10(f), that it is in the best interest of the City to dispense with bidding of this purchase because, pursuant to Cypress Municipal Code § 21A-18, there exists a situation where procurement of the TASER X26 and TASER cartridges are obtainable only from TASER International, Inc. for its proprietary software and hardware that meet system requirements.

Item No. 9:   APPROVAL OF AN AGREEMENT TO PARTICIPATE IN ALERTOC – A COUNTYWIDE, EMERGENCY PUBLIC MASS NOTIFICATION SYSTEM.

Recommendation:   That the City Council: 1) Approve an agreement with the County of Orange for the period of July 1, 2012 to June 30, 2013, authorizing the City of Cypress to utilize the County’s Mass Notification System, known as AlertOC; and 2) Grant authority to the positions of City Manager, Finance Director or Police Chief for and on behalf of the City of Cypress to annually execute the agreement with the County as it approaches the renewal date.

Item No. 10:  ADOPTION OF A RESOLUTION AMENDING THE PART-TIME PAY SCHEDULE TO INCLUDE DEPARTMENT DIRECTOR (TEMPORARY PART-TIME).

Recommendation:   That the City Council and acting as Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, amending Resolution No. 6045 to include the classification of Department Director (Temporary Part-Time).

RESOLUTION NO. 6320

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING THE
TEMPORARY PART-TIME CLASSIFICATION OF DEPARTMENT
DIRECTOR AND ADDING THE POSITION TO THE TEMPORARY
PART-TIME AND SEASONAL EMPLOYEES HOURLY PAY
RANGE SCHEDULE.

Item No. 11:  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2012.

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

Item No. 12:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 22411 THROUGH 22555.

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. 13:  APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE JOINT FORCES TRAINING BASE FOR THE 2012 4TH OF JULY EVENT.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve a Memorandum of Agreement with the Joint Forces Training Base for the 2012 4th of July Event.

END OF CONSENT CALENDAR

Mayor Bailey stated he was moving Agenda Item No. 14 to New Business.

NEW BUSINESS:

Item No. 14:  CONSIDERATION OF SUBMITTAL OF A LETTER OF OPPOSITION TO AB 904 (SKINNER) – LOCAL PLANNING. (Council Member Mills)

The Administrative Services Manager provided background information on this item.

Council Member Seymore asked who the letter of opposition would be sent to.

The Administrative Services Manager stated that the letter of opposition would be sent to Assembly Member Nancy Skinner as well as the local representatives for the City of Cypress. 

It was moved by Council Member Mills and seconded by Council Member Seymore, to submit a Letter of Opposition to AB 904 (Skinner) – Local Planning.

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

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.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Administrative Committee meeting.  Attended the Cypress Chamber of Commerce Business Awards and Installation dinner.  Asked the Public Works Director about pedestrian crosswalk flashing beacons, as discussed by the Cypress Traffic Commission. 

The Public Works Director stated that as part of the Traffic Engineering Manual mandated by the State, pedestrian crosswalk flashing beacons are an acceptable traffic control device that can be used in the City and is being looked at on a pilot program basis.  He indicated that it would be a flashing light on top of the crosswalk sign. 

Council Member Seymore asked if consideration has been given to flashing beacons in the crosswalk in the road. 

The Public Works Director indicated the pros and cons associated with the beacons in the road and stated that at this time, consideration is only being given to flashing beacons on top of crosswalk signs. 

Council Member Seymore:

Attended the Concert on the Green. 

Council Member Mills:

Attended a meeting with staff and representatives of the District Attorney’s Office regarding the City’s sex offender restrictions ordinance.  Attended the CREW meeting at the Cypress Community Center.  Met with Tony Cardenas of the O.C. League of California Cities.  Attended a graduation for the military police class at the Joint Forces Training Base.  Attended the Cypress Chamber of Commerce Business Awards and Installation dinner.

Mayor Bailey:

Attended a meeting with staff and representatives of the District Attorney’s Office regarding the City’s sex offender restrictions ordinance.  Attended an O.C. Vector Control meeting.

Council Member Luebben:

Spoke regarding issues at the Goodwill drop-off location at the Los Alamitos Race Track and asked that staff look into the matter.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:35 p.m. to Monday, July 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