MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD DECEMBER 10, 2012

A regular meeting of the Cypress City Council was called to order at 7:01 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
Successor Agency Counsel Dan Slater
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
Planning Manager Doug Hawkins
Assistant Director of Finance & Administrative Services Matt Burton
Administrative Services Manager Andrew Tse
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Varsity Scout Teams 610 and 1616.

INVOCATION:  The invocation was given by Chaplain Jerry Shumard, Cypress Police Department.

SPECIAL ORDER OF BUSINESS:

ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012.

The City Clerk provided background information on the item. 

It was moved by Council Member Seymore and seconded by Mayor Bailey, that the City Council adopt the Resolution by title only, declaring the results of the November 6, 2012 General Municipal Election.

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. 6341

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 6, 2012,
DECLARING THE RESULT AND SUCH MATTERS
AS PROVIDED BY LAW.

PRESENTATIONS:

The City Clerk presented Certificates of Election and administered the Loyalty Oath to newly-elected Council Members Rob Johnson and Mariellen Yarc.

REMARKS FROM INCOMING COUNCIL MEMBERS:

Council Member Yarc thanked her family and the community for their support during her election campaign.  She spoke of improving the City’s relationship with the Cypress Chamber of Commerce. 

Council Member Johnson thanked his family and friends for their support during the campaign process, and acknowledged the local non-profit, sports, and community organizations for their support. 

CITY COUNCIL REORGANIZATION:

Mayor Bailey spoke of his service as Mayor and the successful business partnerships and maintaining the integrity of the community during that time.  He thanked his fellow City Council Members for their support.

Mayor Bailey opened the nominations for Mayor. 

Mayor Bailey moved and Council Member Johnson seconded the motion to nominate Council Member Narain for the office of Mayor. 

Council Member Narain was unanimously elected Mayor by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:  Bailey, Johnson, Yarc, Mills and Narain
NOES:        0    COUNCIL MEMBERS:  None
ABSENT:    0    COUNCIL MEMBERS:  None

Council Member Bailey then asked for nominations for the office of Mayor Pro Tem.

Council Member Bailey moved and Council Member Johnson seconded the motion to nominate Council Member Mills for the office of Mayor Pro Tem. 

Council Member Mills was unanimously elected Mayor Pro Tem by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:  Bailey, Johnson, Yarc, Mills and Narain
NOES:        0    COUNCIL MEMBERS:  None
ABSENT:    0    COUNCIL MEMBERS:  None

PRESENTATIONS:

Mayor Narain presented the Mayor’s Plaque to outgoing Mayor Doug Bailey and thanked him for his service.

Mayor Narain congratulated newly-elected City Council Members Johnson and Yarc.  He spoke of his goals as Mayor including more quality municipal services, an annual Job Fair, and the preservation of open space.  He reviewed the City Mission and Vision Statement along with the organizational chart of the City. 

Mayor Pro Tem Mills welcomed newly-elected City Council Members Johnson and Yarc.

The meeting was recessed at 7:27 p.m.

The meeting was reconvened at 7:44 p.m.

ORAL COMMUNICATIONS:   LIMITED TO ONE-HALF HOUR.  (THREE MINUTES PER SPEAKER, SPEAKING ONCE.)

Mayor Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.

Roberta O’Toole, Cypress, spoke regarding the Tanglewood North Homeowner’s Association buddy box donations at Long Beach Veterans Hospital. 

Bob Youngsma, Cypress, spoke regarding recreational vehicle parking concerns.

It was the consensus of the City Council to hold a workshop at a future City Council meeting to discuss recreational vehicle parking.

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 Bailey and seconded by Council Member Johnson, to approve Consent Calendar Items No. 1 through 6.

The motion was unanimously carried by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:   Bailey, Johnson, Yarc, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

Item No. 1:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 26, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of November 26, 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:   ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT.

Recommendation:   That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, adopting Conflict of Interest Codes for the City of Cypress and Cypress Recreation and Park District, which supersede all prior Conflict of Interest Codes and amendments previously adopted.

RESOLUTION NO. 6342

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES
ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS
PREVIOUSLY ADOPTED.

RESOLUTION NO. 6343

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, ADOPTING A CONFLICT OF INTEREST CODE
WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES
AND AMENDMENTS PREVIOUSLY ADOPTED.

Item No. 4:   AWARD OF LEASE FOR PRODUCTION LEVEL DIGITAL COPIERS TO KONICA MINOLTA BUSINESS SOLUTIONS UNDER THE TERMS AND CONDITIONS OF A CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT.

Recommendation:   That the City Council: 1) Dispense with the formal bidding process and enter into the California Multiple Award Schedule (CMAS) contract number 3-02-36-0052A that lists the terms for procuring products and services with Konica Minolta Business Solutions; and 2) Award a 60 month lease effective January 1, 2013 through Konica Minolta Business Solutions, 1900 S. State College Blvd., Suite 600, Anaheim, CA 92806 for two (2) production level digital copier machines totaling approximately $1,800 per month depending on number of copies made, and includes equipment rental, tax, service, and supplies; and 3) Accept the monthly supply and service costs for each digital copier at the following rate:

C6000L Production Color Press:

$0.0100 per copy for black and white impressions
$0.0550 per copy for color impressions
All toner and staples are to be included in the service charge

951 Production Black and White Press:

$0.0045 per copy for black and white impressions
All toner and staples are to be included in the service charge

Item No. 5:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 24273 THROUGH 24416.

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

Recreation and Park District Matters:

Item No. 6:   ACCEPTANCE OF SENIOR CENTER DONATION AND APPROPRIATION OF $750 FOR THE PURCHASE OF A TELEVISION AND TELEVISION MOUNT TO ENHANCE THE SENIOR CENTER FACILITY AND CLASSES.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $750 from Carole Fujishiro-Fukuroku; and 2) Increase estimated revenue in 212-99999.3713 (Donations) by $750 and increase appropriations by $750 to 212-90317-4113 (Small Tools – Senior Activities) for the purchase of a 42 inch television and television mount for the Senior Center.

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 7:   APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES.

Mayor Narain made the following committee appointments:

COMPENSATED:

Orange County Fire Authority                                               Rob Johnson – Representative
(Meets 4th Thursday of the month at 6:30 p.m. -                   Doug Bailey – Alternate
1 Fire Authority Road, Irvine; $100/mtg.)

Orange County Sanitation District                                        Prakash Narain – Representative
(Meets 4th Wednesday of the                                     Doug Bailey – Alternate
month at 7 p.m. – 10844 Ellis Avenue,
Fountain Valley; $212.50/mtg.)

Orange County Vector Control                                              Doug Bailey - Representative
(Meets 3rd Thursday of the month at                          (Two Year Appointment)
3:00 p.m. – 13001 Garden Grove
Blvd., Garden Grove; $100/mtg.)

NON-COMPENSATED:

Joint Communications Center Executive Board                   Mariellen Yarc – Representative
(Meets quarterly or as needed – West-Comm,                      Leroy Mills - Alternate
911 Seal Beach Boulevard, Seal Beach)

League of California Cities Orange County Division           Prakash Narain – Representative
(Meets 2nd Thursday of the month – 6:45 p.m.)                     Leroy Mills - Alternate

League of California Cities                                                    Prakash Narain – Representative
Legislative Delegate Program                                               Leroy Mills – Alternate

League of California Cities Orange                           Prakash Narain - Representative
County City Selection Committee                                               Leroy Mills – 1st Alternate
(Meets prior to Division General Meeting at 5:30 p.m.)

Orange County Council of Governments -                       Prakash Narain – Representative
General Assembly                                                                        Leroy Mills – Alternate
(Annual Conference date to be determined)

Orange County Library Advisory Board                         Mariellen Yarc – Representative
(Meets as needed – Tustin Branch                                   Prakash Narain – Alternate
Library, 345 E. Main Street, Tustin)

Orange County Transportation Authority                                    Rob Johnson – Representative
West Cities Rail Study Policy Committee                      Leroy Mills – Alternate
(Meets as needed)

Santa Ana River Flood Protection Agency                      Mariellen Yarc – Representative
(Meets 4th Thursday of odd-numbered months                Leroy Mills - Alternate
at 4 p.m. – O.C. Water District,
18700 Ward Street, Fountain Valley)

Traffic Signal Coordination Committee                          Rob Johnson – Representative
(Meets annually or semi-annually as needed)                 Prakash Narain – Alternate

VOLUNTEER ASSIGNMENTS:

Business Retention, Attraction, Creation,                       Doug Bailey
and Expansion Committee (BRACE)                              Prakash Narain
(Meets as needed)                                                           

City/Cypress School District Joint                                  Doug Bailey
Steering Ad Hoc Committee                                            Prakash Narain
(Meets as needed)

City/Anaheim Union High School                                               Doug Bailey
District Joint Steering Ad Hoc Committee                     Prakash Narain
(Meets as needed)

Joint Forces Training Base Cities Group                         Leroy Mills
(Meets as needed)                                                            Doug Bailey

It was moved by Mayor Narain and seconded by Council Member Bailey, that the City Council: 1) Confirm the Mayor’s appointments to the various organizations and committees; and 2) Adopt the Resolution by title only, approving the appointment of a Director and Alternate to the Orange County Fire Authority Board of Directors.

The motion was unanimously carried by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:   Bailey, Johnson, Yarc, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6344

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE
AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY’S
BOARD OF DIRECTORS.

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

Mayor Narain:

Attended the Los Alamitos State of the City luncheon.  Attended an O.C. Sanitation District meeting.  Attended a Christmas celebration at the Church of Jesus Christ of Latter-day Saints.  Attended the Cypress Chamber of Commerce Holiday Extravaganza. 

Mayor Pro Tem Mills:

Attended the Los Alamitos State of the City luncheon.  Attended the farewell reception for the City of Irvine Mayor.  Attended the memorial service for Richard Anderson.  Attended the SCAG 2012 reception and Economic Summit in downtown Los Angeles.  Attended the AQMD plan adoption. 

Council Member Johnson:

Attended the memorial service for Richard Anderson.  Attended the Tanglewood North Homeowner’s Association buddy box donations at Long Beach Veterans Hospital.  Attended a Municipal Water District of O.C. meeting.  Met with mobile home representatives.  Attended the Gift of History event at Angel’s Stadium. 

Council Member Yarc:

Attended the Tanglewood North Homeowner’s Association buddy box donations at Long Beach Veterans Hospital.  Attended the Bandai Foundation donation ceremony.  Attended the Cypress Chamber of Commerce Holiday Extravaganza. 

ITEMS FROM CITY MANAGER: 

No report.

The 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(e), Number of Cases: One. 

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 241-056-01, Located at 5400 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment. 

At 8:12 p.m., the Mayor recessed the meeting to Closed Session.

At 8:45 p.m. the meeting was reconvened.

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 Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(e), Number of Cases: One.  He stated that special counsel briefed the City Council on the facts and circumstances that would exist that would require the filing of litigation.  He indicated that the City Council unanimously authorized special counsel that, upon an unfavorable ruling of the Department of Finance of the State of California, the litigation challenging the administrative determination should be filed.

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 241-056-01, Located at 5400 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.  He stated that the City Attorney’s office briefed the City Council on potential issues related to such negotiation, reviewed with the City Council its legal rights and obligations regarding the same, and requested negotiating authority in further conversations with the Cypress School District.  He indicated that the City Council unanimously granted such authority requesting that staff and the City Attorney provide a further report on ongoing negotiations as and when appropriate.

No other action was taken in Closed Session, nor was any solicited.

ADJOURNMENT: Mayor Narain adjourned the meeting in memory of Lexington Junior High School teacher Richard Barrington at 8:48 p.m. to Monday, January 14, 2013, 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