MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD OCTOBER 22, 2012

A regular meeting of the Cypress City Council was called to order at 7:04 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
Police Chief Jackie Gomez-Whiteley
Recreation and Community Services Director June Liu
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mills.

INVOCATION:  The invocation was given by City Attorney Wynder.

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.

Don Seward, Cypress, spoke regarding the use of personal identification.

Brian Nakamura, Cypress School District, thanked the City Council and staff on the recent settlement agreement between the City and the Cypress School District.

Matthew Harper, City of Huntington Beach, spoke regarding the O.C. Transportation Authority Board of Directors position.

John William Sugden spoke regarding communication issues with the City.

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 Mayor Pro Tem Narain, to approve Consent Calendar Items No. 1 through 5.

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 OCTOBER 8, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of October 8, 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 NOVEMBER 7, 2012 AS “LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim November 7, 2012 as “Law Enforcement Records and Support Personnel Day” in the City of Cypress.

Item No. 4:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2012.

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

Item No. 5:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 23651 THROUGH 23803.

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

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 6:   DE NOVO HEARING IN CONSIDERATION OF SANCTIONS AGAINST CYPRESS POP WARNER FOOTBALL.

The Director of Recreation and Community Services provided background information on the item including details of major violations incurred by Cypress Pop Warner, an explanation of the City support provided to the group annually, the value of the direct costs incurred by the City for this annual support, and options for the City Council to consider.

Mayor Bailey asked about the number of Cypress residents participating in the league.

The Director of Recreation and Community Services stated that 58 of the 178 participants are verified as Cypress residents.

Mayor Bailey questioned the group’s use of incomplete roster addresses that include the Oak Knoll Park snack bar and the Cypress Park Apartments. 

The Director of Recreation and Community Services responded that there have been incomplete addresses on the rosters twice and that there were eight addresses that were specifically known to be in the cities of Buena Park and Garden Grove that had a Cypress designation, and a couple of duplicative names. 

Mayor Bailey asked if birth certificate verification is required of the participants.

The Director of Recreation and Community Services replied that the group’s registration flier states that birth certification verification and proof of residency is required. 

Council Member Luebben stated that he feels that some of the addresses were clearly used to intentionally deceive. 

Council Member Seymore asked how staff confirms the participants’ residency.

The Director of Recreation and Community Services discussed the methods used for verification when registration is taken for City programs because residents receive reduced rates.  She indicated that she is unaware of how Pop Warner verifies residency of their participants. 

Council Member Luebben asked if Pop Warner is in compliance with its own bylaws.

The Director of Recreation and Community Services responded that she is not aware of the group not being in align with their bylaws and that has not be an issue of question.

Council Member Luebben asked if the City Council hypothetically imposed the most restrictive penalty and if Pop Warner reorganized with a new board and met the residency requirements, could they address the new City Council in 2013 for entitlement to use City facilities.

The Director of Recreation and Community Services responded in the affirmative.

Mayor Bailey asked if the low residency rates comply with the Advisory Committee on Use of Athletic Facilities (ACUAF) requirements.

The Director of Recreation and Community Services stated that there is a concern with the group’s lack of meeting the 55% residency requirements.  She indicated that City policy does allow for the collection of rosters to review residency requirements, however, staff would not want to interrupt a current season of play if the current minimum requirement is not met.

Mayor Bailey asked about the reduction in total participants since 2008.

The Director of Recreation and Community Services stated that since 2008 the group has had a 50% reduction of registrations.

Council Member Seymore asked for clarification regarding the non-profit grant request process.

The Director of Recreation and Community Services discussed the process of preparing the non-profit grant request information for City Council’s biennial review and action.

Mayor Bailey asked about the group’s financial statements and the Orange Empire Conference fee of $26,000.

Kevin Bland, Orange Empire Conference (OEC), responded that the fees go towards insurance costs, national fees, and referee costs.  He stated that names and ages, not residency, are verified in order to determine team eligibility.

Council Member Mills asked if Cypress Pop Warner is in the same affiliation as the City of Tustin and the Inland Empire.

Mr. Bland stated that the national Pop Warner is made up of western region conferences and that there are some overlapping football organizations.  He indicated that Tustin does have a Pop Warner organization. 

Echele Fleming, President, Cypress Pop Warner, addressed the Oak Knoll Park overnight incident and apologized to the City.  She stated that she has provided sufficient documentation to support participants’ residency and that she is confused with the question of residency.  She informed of academic requirements for participation in the program along with the volunteer and community benefits of the group. 

Ms. Fleming stated that Pop Warner only uses the field at Oak Knoll Park and that participation has dropped because the number of children in the area has decreased.  She stated that she is unclear as to why Pop Warner is still being punished for prior year infractions. 

Ms. Fleming discussed Pop Warner’s response to previous issues and concerns.

Council Member Seymore expressed concern with the group’s infractions since 2008 that include late fees, overdue light bills, and overdue player usage fees.  He stated that the organization’s parents and board members should be more responsible. 

Mayor Pro Tem Narain asked about Pop Warner in areas surrounding Cypress.

Mr. Bland stated there is a Pop Warner organization in Los Alamitos but not in Buena Park.

Mayor Bailey asked about the coaches and if waivers are needed to coach outside of the City.

Mr. Bland stated that coaches are unpaid volunteers and do not need waivers to coach in other cities.

Council Member Luebben stated that possibly coaches are leaving Cypress and taking their teams with them.

Mr. Bland indicated that it is illegal and grounds for suspension if coaches are recruiting players from an area outside of the team’s coverage. 

The following individuals spoke on the item:

Andrew Carrillo, Buena Park
Alisa Pedro, Cypress
Lisette Barrera, Cypress
Michael Parks, Cypress
Alyssa Voll, Cypress
Monty Jennings, Cypress
Dillon Mader, Cypress
Michael Gomez
Carol Jennings, Cypress
Jose Rael, Cypress
Jacob Sanders, Cypress
Tranette Sanders, Cypress
Brooks-Anne Crumley, Stanton
Shari Lay, Buena Park
Sundance Smith, Buena Park
Christian Okai, Stanton
Brendan Hickam
William Parra, Buena Park
Christopher Sheffield, San Clemente
Gina Jackson, Cypress
Camiel Fink, Cypress
Christopher Austin, Buena Park
Maria Negrete, Cypress
Layla Gomez, Cypress
Michael Parcells, Cypress
Kimberly Wilson, Cypress
Jacob Roman
Michael Crumley, Stanton
Rick Simpson, Cerritos
Andrew Carrillo IV, Buena Park

The meeting was recessed at 9:44 p.m.

The meeting reconvened at 9:51 p.m.

The Director of Recreation and Community Services clarified and addressed comments made regarding the Challenger league, ACUAF semi-annual meetings, verification of residency, direct costs incurred by the City, and field usage at Cypress High School.

Mayor Bailey stated that legal fees for claims filed against the City were not included in City incurred costs.

Mayor Pro Tem Narain asked if staff’s recommendation is for the 2013 season with the assumption that the organization meets the residency requirement.

The Director of Recreation and Community Services confirmed that the recommendation is for the 2013 season and the residency requirement is applicable to all of the non-profit groups and that it must be implemented fairly.

Mayor Pro Tem Narain asked if staff would work with the group over the next few months to assist with resolving the residency issues.  He stated that there are concerns with the current leadership of the organization and change is necessary.

The Director of Recreation and Community Services responded in the affirmative and indicated that staff would follow City Council’s direction. 

The City Attorney stated that the City Council can impose sanctions of whatever is deemed appropriate.  He clarified that the City Council could address the issue of lack of required percentage of membership by allowing the group to pay for the fields in that the fee waiver would be gone.  He indicated that the City Council could impose the sanction effective in 2013 for a specific time period unless the group could meet the 55% residency requirement. 

The Director of Recreation and Community Services stated that any group that does not meet the 55% residency rate would be subject to the master fee resolution which is currently a $15 per hour rental fee for the City and $61 per hour rental fee at Anaheim Union High School District.  She stated that loss of membership privileges in ACUAF would result in a loss of priority status for field scheduling. 

The City Attorney stated the City Council could impose a sanction that would allow the group to have field use in 2013, however, it would be based on the lowest level of scheduling priority and would have to be paid for.  He stressed that the vast majority of cities have priority field use and reduced and/or waived fees for their residents. 

The Director of Recreation and Community Services stated she recently surveyed other cities regarding residency rate requirements and that Cypress is not out of the norm on this requirement.

Mayor Bailey assured that the City Council has supported youth sports and youth activities in the City of Cypress and that residency rates were increased due to a decrease in field practice space.  He stated that City staff has worked with Pop Warner over the years regarding issues such as late payments and residency, and that the organization must take responsibility for their mistakes.  He commented that the group’s low participation does not justify large field usage for a four-month period of time.

Council Member Mills commended those who invest in the youth of our community.  He stated that the issue is that Pop Warner management is not in compliance with the City requirements and that there are consequences of the adult management that will affect the children.  He discussed the Cypress Pop Warner bylaws and commented that he is inclined to support staff’s original recommendation.

Council Member Seymore commented that it is the responsibility of the group’s parents and Board of Directors to make the Cypress Pop Warner program successful.  He stated that there is a cost involved when staff works with the group and that there could not be a residency requirement waiver for only one group.  He commented on the group’s bylaws in that they are not in compliance with the number of members required on the Board of Directors.

Mayor Pro Tem Narain stated that he is also inclined to support staff’s recommendation, pending in March how the Board has changed and worked with staff and fulfilled the 55% residency requirement.

The Recreation and Community Services Director indicated that if the group was not able to meet the 55% residency requirement, their field use would be nullified unless they chose to come in under a lower priority and pay the current rental rate listed in the master fee schedule.

Mayor Bailey suggested that the group start a new/hybrid football program and that the end result might be more successful than the existing program.  He cited the success of the flag football program in a neighboring city which has 200 Cypress residents participating in the program.

Council Member Luebben commented that the failures of Pop Warner management are negatively impacting the program participants. 

Mayor Bailey commented that he wants to be sure that the group has the ability to coordinate something with the Director of Recreation and Community Services.  He stated that he likes the diversity of sports and that it is important to have a football program. 

Council Member Luebben stated that some of the parents spoke of good ideas about improvements that could be made to the program, however, he does not think that the program in its current state can move forward.  He stated that he feels there are well-intended parents that are very supportive of the league who can improve it.

The City Manager clarified that the direction of the City Council would be to ban the group effective with the 2013 season and that during that year off, there would be two performance goals:  (1) a change of Board membership; and (2) change the group’s bylaws.  He further stated that the league could go forward as long as they meet the 55% residency criteria excluding the cheerleaders. 

Council Member Luebben commented that while the group is restructuring and rebuilding, their place and privileges with ACUAF would be held. 

Mayor Bailey stated that Recreation staff should come back to the City Council with a recommendation and that the group’s goal should be to increase their membership. 

The City Manager asked if the City Council’s recommendation could include that staff will not reallocate the field time or space for more than one year. 

Council Member Seymore clarified that the recommendation should be for a period of one year.

The City Manager clarified that the ban would be effective the 2013 season and that the performance goals would include the group meeting the 55% residency criteria, excluding the cheerleaders, a change in the Board membership and bylaws, and during that year staff will not reallocate the group’s field space. 

Mayor Bailey commented that he would like to see the group able to play in the fall 2013 season if the goals are accomplished. 

The Recreation and Community Services Director stated that field allocation is done semi-annually and that the schedule and information would need to be in place by May in order to allocate the fields for the period of June 1 through December 31.

The City Attorney clarified that the group would lose their scheduling priority for one year, assuming they meet all the other criteria that the City Council is imposing, and in 2014 when they resume play they would be entitled to their same scheduling priority. 

Council Member Luebben commented that the burden would be on the group to get the goals done.

Council Member Seymore asked if the City Council would review this matter in March 2013. 

The Director of Recreation and Community Services indicated that the non-profit contribution policy process for the next two years has already begun and that Pop Warner could complete as much of an application as possible with the understanding that whatever caveat is made and decided upon tonight would be applicable for the 2013-2014 seasons, and that there would be a similar type of make up in terms of usage of the fields and facilities regardless of the numbers that they may have. 

Council Member Seymore asked if a placeholder could be put on the field for the group. 

The Director of Recreation and Community Services responded in the affirmative. 

Mayor Bailey asked if a placeholder could be done so that the kids who play football would not miss playing a year and could play in the fall of 2013. 

The Director of Recreation and Community Services responded that that would be very difficult in terms of the scheduling and the process that is in place. 

Mayor Bailey asked if the field schedules would be done in May and if a spot could be held for the group if they accomplish the required goals by then.

The Director of Recreation and Community Services responded in the affirmative.

The Director of Recreation and Community Services clarified that the City Council would suspend or ban the group for 2013.  She informed of the process for an organization to apply for field allocation if it was newly constituted, and that the request would be given a complete review and would have to have some form of two-year track record with the Recreation Department.

Mayor Bailey asked if that would be waived for the group. 

The Director of Recreation and Community Services assured that staff would be the spokesperson for the City Council and that the essence of having a good partnership with any sports group would be preserved. 

Council Member Luebben commented that the City Council is seeking creative ways to assist the group and allow participants to play football.  He expressed concern with having to address this same issue in two years should the reconstituted group be weak or not worthy of being in Pop Warner’s spot.  He stressed the importance of the participants playing in a football league that works. 

The Director of Recreation and Community Services stated that staff would work with the group with the understanding of rectifying the situation. 

Council Member Seymore asked if Pop Warner is disbanded, would their 501(c)3 be affected and, if so, would the group have to reapply and how long would the process take.  

The Director of Recreation and Community Services indicated that the Cypress Civic Theatre Guild has disbanded and reconstituted under the same 501(c)3 offering a similar type of service but is now no longer in Cypress but sticking to the theatre aspect.  She commented that there are some rules, but that she is not a lawyer in terms of how to handle the 501(c)3. 

Mayor Bailey commented that Cypress Federal Little League had to get a new 501(c)3. 

Mayor Bailey asked for clarification on the motion. 

The City Manager stated that the ban is effective for the 2013 season for one year.  He indicated that performance goals for that period is to have above 55% Cypress residency excluding cheerleading and that there will be a change in Board membership and bylaws, and that staff will not reallocate the field space during that one year period. 

Mayor Bailey added the caveat that the group would have the option to play football in 2013 if they can reconstitute by the May ACUAF process to the satisfaction of staff. 

The City Manager clarified that the motion should include that, should there be a reconstitution of the Board and bylaws that meets to the satisfaction of the Recreation Director, the group may have the option to play in the 2013 season. 

It was moved by Mayor Bailey and seconded by Mayor Pro Tem Narain, that the City Council:

1.  Ban Cypress Pop Warner from field usage effective for the 2013 season for one year; and
2.  During this time period, Cypress Pop Warner must meet the performance goals to include: a) meeting/exceeding the 55% residency requirement, excluding cheerleading, and b) the changing of Board membership and bylaws; and
3.  During this time period, staff will not reallocate field space so that Cypress Pop Warner will retain its place and position; and 4.  Should a reconstitution of the Board and bylaws meet the satisfaction of the Director of Recreation and Community Services by May 1st, Cypress Pop Warner may have the option to play in the 2013 season.

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.

The following spoke regarding Agenda Item No. 6:

Kathleen Vienu
Holly Daub, Garden Grove
Bryan Jennings
Kathleen Wiedel
Kevin Bland
Daniel Rodriguez
Tranette Sanders, Cypress
Daniel Hernandez
Echele Fleming
Tom Hansen
Katie Thompson, Cypress
Dannielle Hill

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.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Committee meeting.  Attended the Red Ribbon Week breakfast. 

Council Member Seymore:

Attended the Red Ribbon Week breakfast.

ITEMS FROM CITY MANAGER: 

None. 

ADJOURNMENT: Mayor Bailey adjourned the meeting at 11:08 p.m. to Tuesday, November 13, 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