MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 10, 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
Director of Finance and Administrative Services Richard Storey

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

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: Cypress Police Officers Association. 

At 5:31 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 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
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Assistant Director of Finance & Administrative Services Matt Burton
Public Works Superintendent Bobby Blackburn
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Narain.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Mayor Narain presented a Resolution to Cypress High School Principal Dr. Ben Carpenter recognizing his service to the school and community.

Council Member Bailey thanked Dr. Carpenter and spoke of his contributions to the school.

Council Member Johnson also thanked Dr. Carpenter for his contributions and service.

Mayor Narain presented a Certificate of Recognition to Coach John Weber and Cypress baseball team members, Cypress High School Varsity Baseball 2013 CIF-SS Division 2 Champions.

Mayor Narain presented a Certificate of Recognition to Dr. Bob Simpson, Dean Diane Weber and Assistant Coach Bill Pinkham, Cypress College Baseball 2013 State Champions.

Dr. Simpson, Cypress College, thanked the City for the recognition and congratulated the Cypress College Baseball team on its fifth championship. 

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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators:  John B. Bahorski and Richard Storey, Employee Groups: Cypress Police Officers Association.  He stated that staff reviewed with the City Council the initial proposal for a new collective bargaining agreement received from the Cypress Police Officers Association.  He stated that background information was provided, questions were answered, and a recommendation for negotiating authority was unanimously authorized by the City Council. 

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.

Manfred Stein, Cypress, spoke regarding Measure A.

Elinor Stein, Cypress, spoke regarding Measure issues.

David Rose, Cypress, spoke regarding Council Members Form 460’s.

Patricia Rudner, Cypress, spoke regarding Measure A fliers and conflicts of interest.

Ed Kraemer, Cypress, spoke regarding the condition of the eucalyptus trees and land on the Los Alamitos Race Track property and Measure A.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

Item No. 1:   PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2013-14 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT.

The Director of Finance and Administrative Services provided background information on this item. 

The public hearing was opened.

Mayor Narain asked if there was anyone who wished to speak in favor of the item.

Mayor Narain asked if there was anyone who wished to speak against the item.

The public hearing was closed.

It was moved by Mayor Pro Tem Mills and seconded by Council Member Johnson, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the District Budget as proposed for the fiscal year beginning July 1, 2013 after the conclusion of the public hearing.

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

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.

Council Member Bailey requested Agenda Item No. 16 be pulled from the Consent Calendar.

It was moved by Mayor Pro Tem Mills and seconded by Council Member Johnson, to approve Consent Calendar Items No. 2 through 15 and 17.

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. 2:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 28, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of May 28, 2013, as submitted.

Item No. 3:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 4:   CONFIRMATION OF APPOINTMENTS TO FILL SIX COMMISSIONER VACANCIES.

Recommendation:   That the City Council confirm the appointments of six (6) Commissioners, each serving four-year terms, effective July 1, 2013.

Item No. 5:   RESOLUTION RECOGNIZING CYPRESS HIGH SCHOOL PRINCIPAL DR. BEN CARPENTER.

Recommendation:   That the City Council adopt the Resolution by title only, recognizing Cypress High School Principal Dr. Ben Carpenter.

RESOLUTION NO. 6366

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING CYPRESS HIGH SCHOOL PRINCIPAL
DR. BEN CARPENTER.

Item No. 6:   USE OF POSTRELEASE COMMUNITY SUPERVISION (AB 109) FUNDS.

Recommendation:   That the City Council: 1) Award a contract to PredPol, Inc., 331 Soquel Avenue, Suite 100, Santa Cruz, CA 95062 in the amount of $39,000 for the purchase of crime analysis software and related support; and 2) Approve the appropriation of $39,000 to account number 114-50183.4116 (Grant – Computer Hardware and Software) for the purchase of PredPol Inc., predictive policing software/service; and 3) Approve the appropriation of $4,600 to account number 114-50183.4003_021 (Grant – Salary Overtime) for overtime expenses associated with enforcement efforts related to AB 109. These funds will be reimbursed by the Orange County Probation Department per the Memorandum of Understanding (MOU); and 4) Approve the appropriation of $4,258 to account number 114-50183.4103_004 (Special Activities – Supplies) for remaining expenses; and 5) Approve an increase in revenues of $24,823 in AB 109 Fiscal Year 2012-2013 grant reimbursement funds into account number 114-50183.3525 (Grants – miscellaneous); and 6) Approve an increase in revenues of $23,035 in State of California local law enforcement funds into account number 114-50183.3525 (Grants – miscellaneous).

Item No. 7:   APPROVAL OF CONTRACT SERVICES AGREEMENT WITH SIERRA INSTALLATIONS, INC. FOR BANNER SERVICES.

Recommendation:   That the City Council approve the Contract Services Agreement with Sierra Installations, Inc. for the provision of banner program services.

Item No. 8:   FISCAL YEAR 2013-2014 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION.

Recommendation:   That the City Council: 1) Determine that the Fiscal Year 2013-2014 Capital Improvement Program (CIP) is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c); and 2) Receive and file the staff report for the Fiscal Year 2013-2014 Capital Improvement Program (CIP) Consistency Determination.

Item No. 9:   APPROVAL OF FINAL TRACT MAP NO. 17442. PROPERTY LOCATED AT 6151-6161 ORANGE AVENUE.

Recommendation:   That the City Council approve Final Tract Map No. 17442 and authorize the City Clerk to sign the record map.

Item No. 10:  RECEIVE AND FILE FISCAL YEAR 2013-14 PAVEMENT MANAGEMENT PROGRAM.

Recommendation:   That the City Council receive and file the Fiscal Year 2013-14 Pavement Management Program (PMP).

Item No. 11:  ADOPTION OF THE FISCAL YEAR 2013-14 BUDGET FOR THE CITY OF CYPRESS.

Recommendation:   That the City Council adopt the Resolution by title only, approving the City’s annual budget for the fiscal year beginning July 1, 2013.

RESOLUTION NO. 6367

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 2013 AND FIXING THE LIMITATIONS
OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE
FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON
UNDER SUCH FUNDS.

Item No. 12:  RESOLUTION ESTABLISHING THE CITY OF CYPRESS’ FISCAL YEAR 2013-14 APPROPRIATION LIMIT.

Recommendation:   That the City Council adopt the Resolution by title only, establishing the City’s Fiscal Year 2013-14 appropriation limit.

RESOLUTION NO. 6368

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ESTABLISHING THE CITY’S APPROPRIATION LIMIT FOR THE
2013-14 FISCAL YEAR.

Item No. 13:  ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, regarding the adoption of the Annual Statement of Investment Policy.

RESOLUTION NO. 6369

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF
DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT,
ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY.

Item No. 14:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 26194 THROUGH 26367.

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. 15:  RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT’S FISCAL YEAR 2013-14 APPROPRIATION LIMIT.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District’s Fiscal Year 2013-14 appropriation limit.

RESOLUTION NO. 6370

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 ESTABLISHING THE CYPRESS RECREATION
AND PARK DISTRICT’S APPROPRIATION LIMIT FOR THE 2013-14
FISCAL YEAR.

Item No. 17:  CONSIDERATION OF ADOPTION OF AMENDMENTS TO VARIOUS SECTIONS OF THE ATHLETIC FACILITY ALLOCATION, USAGE AND SCHEDULING POLICY.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the proposed amendments to various sections of the current Athletic Facility Allocation, Usage and Scheduling Policy.

Regarding Item No. 16:     APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE JOINT FORCES TRAINING BASE FOR THE 4TH OF JULY 2013 EVENT, Council Member Bailey asked about the vehicle parking fee being charged.

The Recreation and Community Services Director responded that the parking fee of $5 per vehicle has been charged for the last several years and that it would be waived for vehicles with passengers producing valid military identification.  She indicated that a portion of the parking fee proceeds and vendor fees would be given to the Joint Forces Training Base’s Morale, Welfare and Recreation (MWR) fund. 

Council Member Bailey asked about the flexibility of charging a vehicle parking fee. 

The Recreation and Community Services Director stated that the current contract states that a vehicle parking fee can be charged and that in the future, the cities could jointly agree to not charge.

It was moved by Council Member Bailey and seconded by Mayor Narain, 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 4th of July 2013 event.

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

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.

Kristen Walker, Cypress, spoke regarding Measure A.

Shelley Henderson, Cypress Community Festival, encouraged attendance and sponsorship of the event.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Johnson:

Attended the Cypress Police Appreciation luncheon.  Attended an O.C. Fire Authority Board meeting.  Presented a certificate to outgoing St. Irenaeus Principal Darlene Hembreiker.  Attended the Memorial Day event at Cypress Forest Lawn.

Mayor Pro Tem Mills:

Attended the ACC-OC 2013 City Infrastructure Summit.  Attended the Rossmoor-Los Alamitos Republican Women’s Federation 12th Annual Friendship and Scholarship luncheon. Attended the SCAG Transportation Committee and Regional Council meetings.

Council Member Bailey:

Attended a Challenger Baseball event.  Asked about expanding the Challenger Basketball program.

The Recreation and Community Services Director responded that the Challenger Basketball program was expanded and doubled this year.

Council Member Yarc:

Attended the Eagle Scout Court of Honor ceremony for Grant Smith.  Attended a Woman’s Club of Cypress meeting.

Mayor Narain responded to comments regarding the City not having a Planning Commission and retail versus industrial development. 

The City Attorney spoke regarding implementing a Planning Commission and indicated that an amendment to the City Charter by a vote of the people would be required to establish a Planning Commission. 

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:06 p.m. to Monday, June 24, 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