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/Agency Chair Prakash Narain
Mayor Pro Tem/Agency Vice Chair Doug Bailey
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
City Counsel Anthony Taylor
Chief of Police Mark Yokoyama
Director of Community Development Ted Commerdinger
Human Resources Manager Cathy Thompson
Redevelopment Project Manager Steve Clarke
Redevelopment/Economic Development Manager Bill Manis
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957.
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), Yates v. City of Cypress, Case Number 30-2009-00118477, Orange County Superior Court.
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 Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Party Negotiating With: Bonanni Development, Habitat for Humanity/Orange County, and The Olson Company, Negotiating Party: Executive Director, Deputy Executive Director, Redevelopment/Economic Development Manager, and Redevelopment Project Manager, Under Negotiation: Price and Terms of Payment.
The City Attorney requested an item be added to the Closed Session agenda regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Nguyen v. City of Cypress, Case Number 30-2009-00305667, Orange County Superior Court to discuss settlement authority prior to a settlement hearing. He stated that the need to take action on this item arose subsequent to the posting of the regular agenda.
It was moved by Council Member Seymore and seconded by Council Member Mills, that a Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Nguyen v. City of Cypress, Case Number 30-2009-00305667, Orange County Superior Court, be added to the agenda as an urgency item.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
At 6:04 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/Agency Chair Prakash Narain
Mayor Pro Tem/Agency Vice Chair Doug Bailey
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Ed Bish
Police Captain Jackie Gomez-Whiteley
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:
Helen Magana and Haze Saliture, representing Mothers Against Drunk Driving (MADD), presented the Deuce Award to Cypress Police Officer Rafael Taveras.
The Chief of Police also congratulated Officer Paulo Morales who will be receiving the Centurion Award from MADD for over 100 arrests last year.
The Chief of Police introduced new Cypress Police Sergeant Brian Healy.
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 Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957. The City Attorney stated that the City Council conducted an independent review of the complete administrative record with respect to the discharge of the position of Police Officer. Having conducted its independent review of the complete administrative record and having independently reviewed the written recommendations of the Administrative Law Judge appointed by the City Council to consider the evidence in this case, the City Council unanimously sustained the recommendation of the Administrative Law Judge and upheld the dismissal of the position of Police Officer.
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), Yates v. City of Cypress, Case Number 30-2009-00118477, Orange County Superior Court. The City Attorney stated that the City Council considered a written settlement proposal from Mr. Yates and his counsel, and the City Council unanimously accepted that settlement proposal in principle subject to being reduced to an appropriate settlement agreement approved as to form by the City Attorney and Mr. Yates.
The City Attorney reported that an urgency item was added to the Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Nguyen v. City of Cypress, Case No. 30-2009-00305667, Orange County Superior Court. The City Attorney stated that a privileged and confidential briefing was provided on an upcoming mediation and the City Attorney’s office sought and received authority to make a good faith settlement proposal prior to such mediation.
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 Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Party Negotiating With: Bonanni Development, Habitat for Humanity/Orange County, and The Olson Company, Negotiating Party: Executive Director, Deputy Executive Director, Redevelopment/Economic Development Manager, and Redevelopment Project Manager, Under Negotiation: Price and Terms of Payment. The City Attorney stated that the City Council unanimously authorized staff to pursue further negotiations for the possible disposition of the site with Habitat for Humanity/Orange County.
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.
Bruce Seaton, Cypress, spoke regarding the City’s trash contract.
Lisa Ball, Air Quality Management District, spoke regarding air quality videos that will be aired on the City’s cable channel.
Ed Munson, 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.
It was moved by Council Member Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 1 through 9.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey 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 8, 2010.
Recommendation: That the City Council approve the Minutes of the Meeting of February 8, 2010, 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: APPROPRIATION OF PEG FUNDS FOR CYPRESS CHANNEL 36 EQUIPMENT REPAIR.
Recommendation: That the City Council: 1) Appropriate $1,700 to Account No. 111-20119-4187_008 (Cable TV Contract Services – Private) for the repair of Cypress Channel 36 equipment; and 2) Approve the transfer of $1,700 from the PEG Fund (291-99999.4501_111) to the General Fund (111-99999.3901_291) for the repair of Cypress Channel 36 equipment.
Item No. 4: APPROVAL OF A CONTRACT FOR A TWO YEAR EXTENSION FOR AUDIT SERVICES TO CAPORICCI & LARSON FOR THE FISCAL YEAR ENDED JUNE 30, 2010 AND JUNE 30, 2011.
Recommendation: That the City Council extend the contract with the firm of Caporicci & Larson as the City’s auditors and approve the two year extension of the existing contract for the fiscal years ended June 30, 2010 and June 30, 2011.
Item No. 5: AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN MODIFYING THE RESERVE POLICE OFFICER COMPENSATION FROM PAID TO UNPAID/VOLUNTEER.
Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the class specification for the volunteer position of Reserve Police Officer.
Item No. 6: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR TRAFFIC ENGINEERING DESIGN SERVICES FOR THE VALLEY VIEW STREET FIBER OPTIC INSTALLATION AND UPGRADE TO CCTV SYSTEM AND DESIGN OF A TRAFFIC SIGNAL FOR THE INTERSECTION OF BALL ROAD AT VIA LARGO, PUBLIC WORKS PROJECT NOS. 2009-09 AND 2009-10.
Recommendation: That the City Council: 1) Approve a Task Order in the amount of $195,910 for Traffic Engineering Design Services for the Valley View Street Fiber Optic Installation and Upgrade to the Closed Circuit Television (CCTV) System, and Design of a Traffic Signal for the Intersection of Ball Road at Via Largo, Public Works Project Nos. 2009-09 and 2009-10, to Iteris, Santa Ana, California; and 2) Authorize $29,500 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 7: ACCEPTANCE OF THE VALLEY VIEW STREET AT CERRITOS AVENUE INTERSECTION IMPROVEMENT AND BALL ROAD AT GRINDLAY STREET TRAFFIC SIGNAL INSTALLATION, PUBLIC WORKS PROJECT NOS. 2008-26 AND 2008-27.
Recommendation: That the City Council: 1) Accept the Valley View Street at Cerritos Avenue Intersection Improvement and Ball Road at Grindlay Street Traffic Signal Installation, Public Works Project Nos. 2008-26 and 2008-27, as being satisfactorily completed in conformance with the project specifications, in the final amount of $279,995; and 2) Approve the final retention payment of $27,995 to Sully-Miller Contracting Company, Anaheim, 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.
Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2010.
Recommendation: That the City Council receive and file the Investment Report for the month of January, 2010.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS NO. 12255 THROUGH 12421.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009-10.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 10: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW CHAPTER 17-66 TO THE CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED “POLICE FEE FOR EXTRAORDINARY POLICE SERVICES.”
The Police Captain provided background information on this item.
Mayor Pro Tem Bailey asked for clarification on the fee.
The City Attorney stated that the fee would be based on the second call.
Mayor Pro Tem Bailey asked about an appeal process for the fee.
The City Attorney stated that once there is a second call, the fee will be imposed at the discretion of the department.
Council Member Luebben asked about establishing a set fee rather than for actual cost of service that must be calculated.
Mayor Pro Tem Bailey asked if the responding officer would issue a citation.
The City Attorney stated that this is an administrative fee and not a criminal citation.
Council Member Seymore asked about the fee for three or more responses.
The Police Captain stated that the party would be disbursed after the second response.
The City Attorney stated that every response after the first is considered a “second” response.
Council Member Mills commented on the late charge and stated that he felt it should be higher to act as a deterrent.
The Police Captain stated that the 1% penalty was based on an industry standard in comparison to three surrounding cities with similar ordinances.
Council Member Luebben suggested looking at the City of Garden Grove’s ordinances.
Mayor Pro Tem Bailey stated his concern over the lack of an appeal process.
It was moved by Council Member Seymore and seconded by Council Member Mills, that the City Council introduce for first reading the Ordinance by title only, approving the addition of a new Chapter 17-66 to the Cypress Municipal Code, the same to be entitled “Police Fee for Extraordinary Police Services.”
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Ordinance No.
An Ordinance of the City Council of the City of Cypress,
California, Adding a New Chapter 17-66 to the Cypress
Municipal Code, the Same to be Entitled “Police Fee for
Extraordinary Police Services.”
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as 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 Mills:
Attended the Cypress Chamber of Commerce Networking breakfast. Attended a League of California Cities debriefing. Attended the O.C. Division League of California Cities General meeting. Attended the badge pinning ceremony for Sergeant Healy. Attended the City Employee Service Award luncheon. Attended the Cypress College Americana Awards banquet.
Council Member Seymore:
Attended the O.C. Division League of California Cities General meeting. Attended the badge pinning ceremony for Sergeant Healy. Attended the City Employee Service Award luncheon. Attended the Cypress Girls Softball League opening day ceremonies. Attended the Cypress College Americana Awards banquet.
Mayor Narain:
Attended the quarterly BRACE meeting. Attended a town hall meeting at Los Alamitos Medical Center. Attended the O.C. Division League of California Cities General meeting. Attended the Mayors meeting regarding the Joint Forces Training Base. Met with a student from Oxford Academy. Attended the badge pinning ceremony for Sergeant Healy. Attended the City Employee Service Award luncheon. Attended the Cypress Girls Softball League opening day ceremonies. Attended the Cypress College Americana Awards banquet.
Mayor Pro Tem Bailey:
Attended the quarterly BRACE meeting. Attended a Mayors meeting regarding the Joint Forces Training Base. Attended the badge pinning ceremony for Sergeant Healy. Attended an O.C. Vector Control District meeting. Attended the Cypress Girls Softball League opening day ceremonies. Attended the Cypress College Americana Awards banquet. Asked for clarification on the City’s trash contract.
Council Member Luebben:
Chaired the O.C. Sanitation District Administration Committee meeting. Attended Cypress High School girls water polo games against Kennedy High School.
ITEMS FROM CITY MANAGER:
The City Manager stated that to date, a response has not been received from the Secretary of the Army but received a response from the California International Guard regarding the public records request. He indicated that there is a meeting scheduled this week with the new Base Commander.
The City Manager thanked the Director of Community Development and the Public Works Director for their years of service to the City.
Mayor Narain asked about the contract for trash service.
The City Manager stated that the contracts for commercial and residential service and contract expiration dates will be provided to the City Council.
ADJOURNMENT: Mayor Narain adjourned the meeting at 7:51 p.m. to Monday, March 8, 2010, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS