City of Cypress

5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6700

MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD FEBRUARY 25, 2013

A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Mariellen Yarc

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 Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956(d)(2), Number of Cases: One.  

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(d)(1), Kern v. City of Cypress, Case Number 30-2012-00563519, Orange County Superior Court. 

The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:  City Manager. 

At 5:32 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 Narain.

Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Lieutenant Steven Ramsey
Assistant Finance Director Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Mills.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Jared Dever, O.C. Vector Control District, made a presentation regarding issues affecting the County.

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(d)(2), Number of Cases: One.  He stated that a privileged and confidential briefing was provided on the litigation/litigation avoidance options, and that the City Council unanimously directed to pursue a litigation avoidance strategy.  He stated that the City Attorney’s Office would report back to the City Council at a future City Council meeting only if the litigation avoidance strategy is unsuccessful.

The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(d)(1), Kern v. City of Cypress, Case Number 30-2012-00563519, Orange County Superior Court.  He stated that the Assistant City Attorney briefed the City Council on the terms and conditions under which a believed mutual settlement of the underlying complaint against the City of Cypress could be reached.  He stated that the terms and conditions of that settlement were reviewed with the City Council, and that the City Council unanimously authorized its approval subject to being confirmed in a written settlement agreement executed by all of the parties. 

The City Attorney reported that the City Council met in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:  City Manager.  He stated that the City Council began its annual performance evaluation for the City Manager and that due to having two newly elected City Council Members, the City Council unanimously agreed to suspend the annual performance evaluation for a period of six months and commence the process in June 2013. 

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

Shelley Henderson, Cypress Community Festival, provided an update and encouraged volunteers for the event.

George O’Hara, Cypress Chamber of Commerce, provided an update on upcoming events and activities.

Matthew Romesburg questioned the City Council’s position on Proposition 8.

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 Mayor Pro Tem Mills and seconded by Council Member Johnson, to approve Consent Calendar Items No. 1 through 7, with Items No. 3 and 4 as amended.

Council Member Yarc stated she would be abstaining from Agenda Item No. 4 due to the proximity of her home to the project area.

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

AYES:        5    COUNCIL MEMBERS:   Yarc, Johnson, Bailey, 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 FEBRUARY 11, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of February 11, 2013, 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:   APPROVAL OF COOPERATIVE AGREEMENT NO. 2013-01 BETWEEN THE CITIES OF CYPRESS, BUENA PARK, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR IMPLEMENTATION OF THE VALLEY VIEW STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT AS FUNDED AS PART      OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (TSSP), PROJECT P.

Recommendation:   That the City Council approve Cooperative Agreement No. 2013-01 for the Valley View Street TSSP Project and authorize the Mayor to execute the agreement on behalf of the City, as amended to correctly reflect the signature of Mayor Prakash Narain, M.D.

Item No. 4:   ACCEPTANCE OF SEWER REPLACEMENT ON EDGEMONT CIRCLE, PUBLIC WORKS PROJECT NO. 68.

Recommendation:   That the City Council: 1) Accept the Sewer Replacement on Edgemont Circle, Public Works Project No. 68, as being satisfactorily completed in conformance with the project specifications, in the final amount of $133,848.27; and 2) Approve the final retention payment of $4,170.25 to Mike Prlich & Sons, Inc., Baldwin Park, California; 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, as amended to correctly reflect the amount of $133,847.27, with Council Member Yarc abstaining due to the proximity of her home to the project area.

Item No. 5:   ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2012.

Recommendation:   That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2012.

Item No. 6:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2013.

Recommendation:   That the City Council receive and file the Investment Report for the month of January, 2013.

Item No. 7:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 24986 THROUGH 25165.

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. 8:   CONSIDERATION OF POSTING RECIPIENT COMMITTEE CAMPAIGN STATEMENTS (FORM 460) ON THE CITY’S WEBSITE.

The City Clerk provided background information on this item.

Council Member Yarc asked if unredacted copies of the Form 460 are available to the public and/or press in the City Clerk’s Office, and asked if the current practice is in compliance with the Fair Political Practices Commission (FPPC).

The City Clerk responded in the affirmative. 

Mayor Narain stated that he would concur with Option #2 on the Agenda Report which would be for the purchase of an additional license with a redaction component for scanned documents at a cost of $200. 

Council Member Yarc stated that the current practice is effective and in compliance with transparency requirements.  She spoke of concerns related to internet posting of private donors’ information and the ease of requesting the information from the City Clerk’s Office.  She stated that she would recommend that the process not change. 

Council Member Johnson stated that he concurred with Council Member Yarc, and commented that the costs could be better used elsewhere. 

Mayor Narain commented that the costs are minimal and that the information would be more accessible via the internet. 

Council Member Bailey commented that that he terminated his committee and no longer files a Form 460.  He stated that the internet could be used for both good and bad, and that he would support not changing the process. 

It was moved by Mayor Narain and seconded by Mayor Pro Tem Mills, that the City Council direct staff to post Recipient Committee Campaign Statements (Form 460) on the City’s website.

A substitute motion was made by Council Member Johnson and seconded by Council Member Yarc to maintain the current practice of providing the information upon request.

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

AYES:        3    COUNCIL MEMBERS:   Yarc, Johnson and Bailey
NOES:        2    COUNCIL MEMBERS:   Mills and Narain
ABSENT:    0    COUNCIL MEMBERS:   None

Item No. 9:   ADOPTION OF FIRST AMENDMENT TO FACILITIES USE AGREEMENT WITH CYPRESS SCHOOL DISTRICT.

The Recreation and Community Services Director provided background information on this item.

Council Member Yarc asked if the 180 day termination clause hampers staff’s planning abilities. 

The Recreation and Community Services Director responded that the amended termination clause would not impair staff’s planning abilities, as the activity registration processes are done far enough in advance to allow for proper notifications and/or modifications. 

It was moved by Mayor Pro Tem Mills and seconded by Council Member Johnson, that the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District, approve the proposed First Amendment to Facilities Use Agreement with Cypress School District.

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

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

Item No. 10:  ADOPTION OF FIRST AMENDMENT TO THE AGREEMENT FOR USE OF COMMUNITY PARK AT DAMRON SCHOOL SITE.

The Recreation and Community Services Director provided background information on this item.

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District, approve the proposed First Amendment to Agreement for Use of Community Park at Damron School Site.

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

AYES:        5    COUNCIL MEMBERS:   Yarc, Johnson, Bailey, Mills and Narain
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 Narain requested reports from the Council Members on their respective committee assignments.

Council Member Johnson:

Attended the Cypress Chamber of Commerce Board of Directors meeting.  Completed NIMS training at the Cypress Police Department.  Attended Cypress Pony/Colt Baseball opening night ceremonies.  Attended opening day ceremonies for Cypress Pony Youth Baseball.  Attended the Cypress College Americana Awards.  Thanked members of Cypress Church for their recent clean-up efforts in the community.

Mayor Pro Tem Mills:

Attended the final High Speed Rail Subcommittee meeting.  Attended an ACC-OC Legislative and Regulatory Committee meeting.  Attended the Cypress College Americana Awards.  Spoke regarding opting out of the advanced meter from Southern California Gas Company.

Council Member Yarc:

Attended the Cypress Chamber of Commerce Networking Breakfast.  Attended the Woman’s Club of Cypress Annual Tea.  Attended an Oversight Board meeting.  Met with Cypress School District Superintendent Beverly Hempstead.  Attended a West-Comm Board meeting.  Attended the Cypress Chamber of Commerce Board of Directors meeting.  Completed NIMS training at the Cypress Police Department.  Attended the California Federation of Women’s Club Orange District arts festival.  Attended the Soroptimist of Cypress annual fundraiser.  Attended a Catholic Charities fundraiser.  Attended the Cypress College Americana Awards.

Council Member Bailey:

Attended an Oversight Board meeting.  Attended an O.C. Vector Control District meeting.  Attended a City/Cypress School District Joint Steering Ad Hoc Committee meeting. Attended opening day ceremonies for Cypress Pony Youth Baseball.

Mayor Narain:

Attended the Cypress Chamber of Commerce Networking Breakfast.  Attended the Woman’s Club of Cypress Annual Tea.  Attended the City/Cypress School District Joint Steering Ad Hoc Committee meeting.  Attended an O.C. Sanitation District Administrative Committee meeting. Attended the Cypress College Americana Awards.

ITEMS FROM CITY MANAGER: 

The City Manager stated there will be a City Council workshop on March 25, 2013 with the Cypress School District to discuss a possible election regarding Measure D.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:01 p.m. to Monday, March 11, 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