MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD OCTOBER 8, 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
Successor Agency Counsel Dan Slater
Assistant City Attorney Lindsay Tabaian

ORAL COMMUNICATIONS:

None.

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(c), Number of Cases: One. 

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
Assistant City Attorney Lindsay Tabaian
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director/Acting Community Development Director Doug Dancs
Recreation Superintendent Dena Diggins
Assistant Director of Finance and Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
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.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

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(c), Number of Cases: One.  She stated that a privileged and confidential briefing was provided and that the City Council unanimously authorized legal counsel to pursue a litigation avoidance 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.

Mike McGill, Cypress, spoke regarding the recent passing of former City Council Member Cornelius Coronado and his service to the community.

Bob Youngsma, Cypress, spoke regarding changing the City’s ordinance concerning recreational vehicle awnings.

John William Sugden spoke regarding police misconduct.

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 Luebben, to approve Consent Calendar Items No. 1 through 7.

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 MEETINGS OF SEPTEMBER 24 AND SEPTEMBER 27, 2012.

Recommendation:   That the City Council approve the Minutes of the Meetings of September 24 and September 27, 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 OCTOBER 21-28, 2012 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS.

Recommendation:   That the Mayor and City Council officially proclaim the week of October 21-28, 2012 as “Red Ribbon Week” in the City of Cypress.

Item No. 4:   CONSIDERATION TO INITIATE THE BIENNIAL REVIEW OF THE CITY OF CYPRESS CONFLICT OF INTEREST CODE.

Recommendation:   That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Direct the City Clerk to publish the Notice of Intention to Adopt or Amend a Conflict of Interest Code and direct delivery of the same to all affected employees; and 2) Direct that the 45-day public comment period commence on Friday, October 12, 2012 and that the same continue through the close of business on Monday, November 26, 2012.

Item No. 5:   ACCEPTANCE OF THE INSTALLATION OF A TRAFFIC SIGNAL AT LINCOLN AVENUE AND SUMNER PLACE, PUBLIC WORKS PROJECT NO. 2011-10.

Recommendation:   That the City Council: 1) Accept the Installation of a Traffic Signal at Lincoln Avenue and Sumner Place, Public Works Project No. 2011-10, as being satisfactorily completed in conformance with the project specifications, in the final amount of $112,911.00; and 2) Approve the final retention payment of $11,291.00 to Macadee Electrical Construction, Chino, California, thirty-five (35) days after the 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. 6:   ACCEPTANCE OF 2011/12 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2011-18.

Recommendation:   That the City Council: 1) Accept the 2011/12 Overlay Project, Public Works Project No. 2011-18, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,097,026.03; and 2) Approve the final retention payment of $54,851.32 to R.J. Noble Company, Orange, California, thirty-five (35) days after the 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. 7:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 23531 THROUGH 23650.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2012-13.

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.

John William Sugden spoke regarding police misconduct.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Luebben:

Spoke regarding the first Presidential debate recently held.  Attended a SCAG Energy and Environment Committee meeting.  Spoke regarding the recent passing of former City Council Member Cornelius Coronado.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Board meeting.  Attended a City/Anaheim Union High School District Joint Steering Ad Hoc Committee meeting.  Spoke at the Woman’s Club of Cypress’ inspirational breakfast.

Council Member Seymore:

Attended the Cypress Community Festival recognition dinner.  Attended an O.C. Fire Authority Board meeting.

Council Member Mills:

Attended the Cypress Community Festival recognition dinner.  Attended an OCCOG Board of Directors meeting.  Attended the Mobility 21 11th Annual Transportation Summit.  Attended a SCAG Transportation and Regional Council meeting.

Mayor Bailey:

Attended a City/Anaheim Union High School District Joint Steering Ad Hoc Committee meeting.  Spoke regarding the recent passing of former City Council Member Cornelius Coronado.

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the City’s Job Fair that will be held on October 11, 2012.  He also commended the Cypress Police Department for their recent actions with an individual in the Cypress Civic Center parking lot.

ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of former City Council Member Cornelius Coronado at 7:37 p.m. to Monday, October 22, 2012, beginning at 5:30 p.m. in the Executive Board Room.

_______________________________
MAYOR OF THE CITY OF CYPRESS

ATTEST:

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CITY CLERK OF THE CITY OF CYPRESS

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780