MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD NOVEMBER 12, 2013

A regular meeting of the Cypress City Council was called to order at 6:00 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

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

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(a), Richard Linnington et al. v. City of Cypress, Case No. SACV 13-00065 CJC (MLGx), United States District Court. 

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(a), Allison Pitts v. City of Cypress, et al., Case No. SACV 12-2166 DOC (ANx), United States District Court. 

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(a), Juventino Candelas v. City of Cypress, Case No. 30-2013-00655032, Orange County Superior Court. 

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(a), Parker v. City of Cypress, WCAB No. ADJ7663057, Claim No. 11-110250. 

At 6:02 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
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

Mayor Pro Tem Mills acknowledged Veterans Day and recognized the veterans who were in the audience.

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

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Council Member Yarc thanked the Mayor, fellow Council Members, and City staff for their assistance with the Veterans Recognition Program.  She introduced Elroy Voet and spoke of his military, civic, and personal accomplishments, and congratulated him on his recognition. 

Mayor Narain presented a Certificate of Special Recognition to Cypress Veteran Elroy Voet.

Mayor Pro Tem Mills presented a gift basket to Cypress Veteran Elroy Voet. 

Dave Wassenaar, Cypress College, introduced representatives of the Cypress College Veterans Club and Chris Wright, U.S. Marine Corps, invited Mr. Voet to speak at Cypress College. 

The Police Chief presented a Ride Along certificate to Mr. Voet and thanked him for his military and civic accomplishments.

Mayor Narain presented a Certificate of Special Recognition to the Cypress High School Marching Band on their qualification into the 2015 Rose Parade.

Jared Dever, O.C. Vector Control District, made a presentation regarding the Asian Tiger mosquito.

Mayor Narain asked about mosquito concerns related to stagnant water in areas such as water fountains. 

Mr. Dever responded that the mosquitos prefer clean water to stagnant water.

Mayor Pro Tem Mills asked about the daytime aggressiveness of the mosquitos and their lifespan.

Mr. Dever stated that native mosquitos typically bite at dawn and dusk and that being bitten during the day would be unusual for Orange County residents.  He indicated that the typical lifespan of an Asian Tiger mosquito is eight to ten months during the hibernation period and that during the warmer summer months the normal lifespan would be one to two weeks. 

Council Member Johnson asked about recent reported cases of the West Nile virus.

Mr. Dever stated that 2012 was a peak year with over 40 reported cases of the West Nile virus and that this year there have been approximately 21 reported cases.

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 – Existing Litigation, pursuant to Government Code Section 54956.9(a), Richard Linnington et al. v. City of Cypress, Case No. SACV 13-00065 CJC (MLGx), United States District Court.  He stated that a privileged and confidential briefing was held on ongoing litigation and that a litigation strategy was recommended and unanimously authorized.

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(a), Allison Pitts v. City of Cypress, et al., Case No. SACV 12-2166 DOC (ANx), United States District Court.  He stated that a privileged and confidential briefing was held on ongoing litigation and that a litigation strategy was recommended and unanimously authorized.

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(a), Juventino Candelas v. City of Cypress, Case No. 30-2013-00655032, Orange County Superior Court.  He stated that a privileged and confidential briefing was held on ongoing litigation and that a litigation strategy was recommended and unanimously authorized.

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(a), Parker v. City of Cypress, WCAB No. ADJ7663057, Claim No. 11-110250.  He stated that outside Worker’s Compensation Counsel provided a privileged and confidential briefing to the City Council and discussed the terms and conditions under which this matter of pending litigation could be resolved.  He stated that the City Council unanimously authorized settlement under those terms and conditions, and that the details of the settlement will be available for public inspection once the same has been written, approved by the lawyers for both sides, and executed by the parties. 

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.

Roberta O’Toole, Cypress, spoke regarding the upcoming Buddy Box delivery on December 7, 2013 to the Long Beach Veterans Hospital.

Rick Polis, Cypress, spoke regarding the City providing financial support for the Cypress High School Marching Band in the 2015 Rose Parade.

Sam Hall, Consolidated Disposal, provided an update on the green waste pilot program.

George O’Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

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.

Mayor Narain requested Agenda Item No. 5 be pulled from the Consent Calendar.

Mayor Pro Tem Mills requested Agenda Item No. 3 be pulled from the Consent Calendar.

It was moved by Council Member Bailey and seconded by Council Member Johnson, to approve Consent Calendar Items No. 1, 2, 4, and 6 through 11.

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 OCTOBER 28, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of October 28, 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. 4:   AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL ENGINEERING STORM DRAIN DESIGN SERVICES.

Recommendation:   That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to AKM Consulting Engineers, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to Harris and Associates, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to Rick Engineering Company, Lake Forest, California, and direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 6:   ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDS FOR THE CERRITOS AVENUE BIKE CORRIDOR IMPROVEMENTS PROJECT.

Recommendation:   That the City Council adopt the Resolution by title only, authorizing submittal of an application for the Bicycle Corridor Improvement Program (BCIP) funded with Congestion Mitigation and Air Quality Program (CMAQ) funding under the Moving Ahead for Progress in the 21st Century Federal Transportation Act (MAP-21) for the Cerritos Avenue Bike Corridor Improvements Project, from Denni Street to Walker Street.

RESOLUTION NO. 6393

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING APPLICATION FOR FUNDS FOR THE BICYCLE
CORRIDOR IMPROVEMENT PROGRAM (BCIP) FUNDED WITH
CONGESTION MITIGATION AND AIR QUALITY PROGRAM
FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN
THE 21ST CENTURY (MAP-21) FEDERAL TRANSPORTATION
ACT FOR THE CERRITOS AVENUE BIKE CORRIDOR
IMPROVEMENTS PROJECT (FROM DENNI STREET TO
WALKER STREET).

Item No. 7:   ADOPTION OF A RESOLUTION CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (FTIP).

Recommendation:   That the City Council adopt the Resolution by title only, certifying that the City has the resources to fund the projects submitted for inclusion in the 2015 Federal Transportation Improvement Program (FTIP) and confirming the City’s commitment to implement all the projects submitted to the program, has the resources to fund the project in the FFY 2014/15 – 2019/20 Transportation Improvement Program, and affirms its commitment to implement all projects in the program.

RESOLUTION NO. 6394

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CERTIFYING THAT THE CITY HAS THE RESOURCES
TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE
2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM
(FTIP) AND CONFIRMING THE CITY’S COMMITMENT TO
IMPLEMENT ALL THE PROJECTS SUBMITTED TO THE PROGRAM,
HAS THE RESOURCES TO FUND THE PROJECTS IN THE
FFY 2014/15 – 2019/20 TRANSPORTATION IMPROVEMENT
PROGRAM, AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL
PROJECTS IN THE PROGRAM.

Item No. 8:   ACCEPTANCE OF THE AMERICAN RED CROSS, ORANGE COUNTY CHAPTER SHELTER AGREEMENT.

Recommendation:   That the City Council: 1) Accept the American Red Cross, Orange County Chapter Shelter Agreement for the Community Center and the Senior Center; and 2) Grant signature authority to the positions of City Manager, Mayor or Police Chief to execute such agreement as may be necessary.

Item No. 9:   REPLACEMENT OF POLICE DEPARTMENT REFRIGERATOR.

Recommendation:   That the City Council approve the appropriation of $1,600 to account number 721-95300.4305_300 (Equipment – Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a replacement refrigerator for the Police Department’s lunchroom.

Item No. 10:  ACCEPTANCE OF THE “AVOID THE 38” OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT.

Recommendation:   That the City Council: 1) Accept the “Avoid the 38” Office of Traffic Safety (OTS) Grant; and 2) Grant signature authority to the positions of City Manager, Finance Director or Police Chief to execute such contracts as necessary; and 3) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the General Fund – Grants Fund for the grant total of $27,000; and 4) Approve appropriations in the General Fund – Grant Funds as follows:

114-50183.4003_021 (Overtime)                                          $25,000
114-50183.4188_005 (Contract Services – Public Dispatch)   $  2,000

Item No. 11:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 27970 THROUGH 28138.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2013-14.

Regarding Item No. 3:  AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL ENGINEERING SEWER DESIGN SERVICES, Mayor Pro Tem Mills questioned the lack of Notary Acknowledgement for the Harris & Associates contract services agreement. 

The Public Works Director stated that the lack of Notary Acknowledgement was the contractor’s inadvertent error and that the contract services agreement will not be fully executed until such documentation is received. 

Mayor Pro Tem Mills commented that he believes the lack of Notary Acknowledgement would deem the application incomplete and, therefore the contract would be disqualified. 

The City Attorney responded that concerns raised are appropriate, however that lack of Notary Acknowledgement would be in execution of the final contract pursuant to a proper bidding process.  He indicated that California law requires that whenever you contract with a corporation, two corporate officers must execute the contract and those signatures must be notarized.  He stated that the defect is not in the award of contract, rather in the failure in the part of the two corporate officers who were the successful proposers to execute the contract in front of a notary and have those signatures notarized. 

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council: 1) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to AKM Consulting Engineers, 553 Wald, Irvine, California 92618 and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to Lee & Ro, 1199 South Fullerton Road, City of Industry, California 91748-1232 and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to Harris & Associates, 22 Executive Park, Suite 200, Irvine, California 92614 and direct the Director of Public Works/City Engineer to act as Contract Officer.

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

Regarding Item No. 5:  ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS UNDER THE ENVIRONMENTAL CLEANUP TIER 2 GRANT PROGRAM, Mayor Narain asked for additional information on this item.

The Senior Civil Engineer stated that the Measure M2 Environmental Cleanup Program is a grant program with the Orange County Transportation Authority (OCTA).  He indicated that OCTA allows cities to apply for monies to install structural water treatment devices adjacent to catch basins so that water can be treated before it is drained into the City’s drainage system.  He stated that there is $27 million available and that each application is capped at $5 million and that the request is for application submittal for four high-priority areas in the amount of $211,000 with the City providing matching funds in the amount of approximately $318,000. 

The Senior Civil Engineer indicated that the proposed treatment devices are modular wetlands and fire retention devices.  He stated that water comes into the device and the device treats the water for metals, bacteria, suspended solids, and oils, and that the water would enter the storm drain system cleaner than if it was not treated. 

Mayor Narain clarified that currently water from the street would go into the storm drain through the opening and that the new system would treat the water before it goes into the storm drain. 

The Public Works Director responded in the affirmative, and stated that currently storm water that falls onto properties is rain water and would leave the property, enter the curb and gutter unfiltered, and eventually flow into the storm drains and go into creeks, rivers, oceans, and beaches.  He stated that one of the water quality permit goals with the State includes the treatment of rain water so that it would be clear when it runs into the oceans, waters, and beaches. 

Mayor Narain asked when the City would be notified of acceptance of the grant application. 

The Senior Civil Engineer responded that the Orange County Transportation Authority would award a project by June 2014 and that the City anticipates notification by March 2014. 

It was moved by Mayor Narain and seconded by Mayor Pro Tem Mills, that the City Council adopt the Resolution by title only, authorizing submittal of an application for funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 2 Grant Program for the FY 2013-14 Priority Area Sediment/Pollution Removal Project, Public Works Project No. 115, and for future applications for each subsequent year through Fiscal Year 2017-18.

RESOLUTION NO. 6392

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR THE FY 13-14 PRIORITY AREA SEDIMENT/POLLUTION
REMOVAL PROJECT, PUBLIC WORKS PROJECT NO. 115, AND
AUTHORIZING FUTURE APPLICATIONS FOR FUNDS FOR EACH
SUBSEQUENT YEAR THROUGH FISCAL YEAR 2017-18.

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.

None.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Yarc:

Attended the Cypress Police Department Volunteer Appreciation luncheon.  Attended the Boys & Girls Club of Cypress fundraiser.  Attended a Cypress Chamber of Commerce Committee meeting.  Attended a Cypress Oversight Board meeting. Attended a Woman’s Club of Cypress general meeting.  Attended the California Federation of Woman’s Clubs Orange District Council meeting.  Attended the Cypress Chamber of Commerce Networking breakfast.

Council Member Bailey:

Attended the Boys & Girls Club of Cypress fundraiser.  Attended an Anaheim Union High School District Ad Hoc Committee meeting.  Attended a Cypress Oversight Board meeting.

Mayor Narain:

Attended an Anaheim Union High School District Ad Hoc Committee meeting.  Attended the Cypress Police Department Volunteer Appreciation luncheon.  Attended the Boys & Girls Club of Cypress fundraiser.  Attended an O.C. Sanitation District Special Board meeting.  Attended an Asian-American Islander Outreach program with Congressman Lowenthal.  Attended an Affordable Care Act meeting with Congressman Lowenthal.

Mayor Pro Tem Mills:

Attended a SCAG District Evaluation Subcommittee meeting.  Attended a Cypress Oversight Board meeting.  Attended SCAG Regional Council and Transportation Committee meetings.  Attended an OCCOG Ex-Management Committee meeting. Attended Assemblywoman Quirk-Silva’s Hometown Heros of the 65th District.

Council Member Johnson:

Attended the Cypress Police Department Volunteer Appreciation luncheon.  Attended the Boys & Girls Club of Cypress fundraiser.

ITEMS FROM CITY MANAGER: 

The City Manager stated that staff attended a neighborhood community meeting for the Mackay School site and that issues raised included the reasons for the surplus/sale of the property and population growth.  He informed that the SCAG website has profile information for the City and that the information would be available on the City’s website.  He indicated that the City received the O.C. progress report from the Center of Demographic Research and that school district enrollment is expected to decrease slightly.  He informed of the City survey done in June 2011 and that it is available on the City’s website. 

ADJOURNMENT: Mayor Narain adjourned the meeting in memory of VIP Mike Mullen at 8:20 p.m. to Monday, November 25, 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