A regular meeting of the Cypress City Council was called to order at 6:31 p.m. by Mayor Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Members absent:
Mayor Pro Tem/Agency Vice Chair Doug Bailey
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/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 Legal Counsel – Existing Litigation, pursuant to Government Code Section 59456.9(a); Melim v. City of Cypress, Case No. 30-2009-00117552, Orange County Superior Court.
At 6:32 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 7:01 p.m. by Mayor Narain.
Members present:
Mayor/Agency Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Members absent:
Mayor Pro Tem/Agency Vice Chair Doug Bailey
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 Superintendent Dena Diggins
Assistant City Engineer Kamran Dadbeh
Associate Engineer Dario Simoes
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.
Mayor Narain recognized the Assistant City Manager/Director of Finance and Administrative Services Richard Storey for receiving a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada.
PRESENTATIONS:
Mayor Narain and Council Member Mills presented Certificates of Special Recognition to the Cypress Public Works Week coloring contest winners.
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 59456.9(a); Melim v. City of Cypress, Case No. 30-2009-00117552, Orange County Superior Court. The City Attorney stated that a privileged and confidential briefing on the status of this matter on appeal to the 4th Appellant District Division 3, was provided. No reportable action was taken nor was any solicited.
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.
The following spoke regarding Agenda Items No. 9 and 10:
Mike McGill, Cypress
John Anderson, City of Yorba Linda Mayor
Alvin Selnick, Cypress
Raymond Herrera, We The People
Robin Hurdston, We The People
John Dumitru, City of Orange Council Member
Ann Marie McClaflin, Cypress
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 8.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Mills, Seymore, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 14, 2010.
Recommendation: That the City Council approve the Minutes of the Meeting of June 14, 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: PROCLAIMING THE MONTH OF JULY 2010 AS “PARKS AND RECREATION MONTH” IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the month of July 2010 as “Parks and Recreation Month” in the City of Cypress.
Item No. 4: ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2010.
Recommendation: That the City Council adopt the Resolutions by title only, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2010, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 2, 2010, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code.
Resolution No. 6202
A Resolution of the City Council of the City of Cypress,
California, Calling and Giving Notice of the Holding of a
General Municipal Election to be Held on Tuesday,
November 2, 2010, for the Election of Certain Officers
as Required by the Provisions of the City Charter.
Resolution No. 6203
A Resolution of the City Council of the City of Cypress,
California, Requesting the Board of Supervisors of the
County of Orange to Consolidate a General Municipal
Election to be Held on November 2, 2010, with the
Statewide General Election to be Held on the Same
Date Pursuant to Section 10403 of the Elections Code.
Item No. 5: AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN RECLASSIFYING A POSITION OF ASSISTANT CIVIL ENGINEER TO THE CLASSIFICATION OF ASSOCIATE CIVIL ENGINEER.
Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the reclassification of a position of Assistant Civil Engineer to the existing classification of Associate Civil Engineer.
Item No. 6: AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2010-2011.
Recommendation: That the City Council adopt the Resolution by title only, approving the City’s participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager, Assistant City Manager, Director of Community Development, and/or their designees to execute the four associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council.
Resolution No. 6204
A Resolution of the City Council of the City of Cypress,
Authorizing the Execution of Four (4) Contracts for the
Award of Community Development Block Grant (CDBG)
Funds Through the County of Orange for the Program
Year Spanning July 1, 2010 Through June 30, 2011.
Item No. 7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2010.
Recommendation: That the City Council receive and file the Investment Report for the month of May, 2010.
Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS NO. 13716 THROUGH 13872.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009-10.
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.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency.
No items.
ITEMS FROM CITY COUNCIL MEMBERS:
Item No. 9: CONSIDERATION OF RESOLUTION CONDEMNING PUBLIC OFFICIALS, COUNTIES, CITIES, AND AGENCIES TAKING POSITIONS AGAINST ARIZONA AND/OR SB 1070, AND SUPPORTING ARIZONA BUSINESSES AND RESIDENTS. (COUNCIL MEMBER LUEBBEN)
Council Member Luebben provided information on this item.
It was moved by Council Member Luebben to adopt the Resolution by title only, condemning public officials, cities, and agencies taking positions against Arizona and/or SB 1070, and supporting Arizona businesses and residents.
The motion failed due to lack of a second.
Item No. 10: CONSIDERATION OF RESOLUTION DECLARING CYPRESS AS A “RULE OF LAW” CITY, NOT A SANCTUARY CITY, AND SUPPORTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (COUNCIL MEMBER LUEBBEN)
Council Member Luebben provided information on this item.
Mayor Narain asked about the rule of law that the City of Cypress follows.
The Chief of Police stated that the Cypress Police Department enforces all laws and cooperates with the U.S. Immigration and Customs Enforcement when arrests are made. He stated that every prisoner is fingerprinted and that staff works through an integrated database that checks the Department of Homeland Security and the FBI databases in regard to immigration status. He further informed that there is a secondary process at the Orange County Jail, whereby, federally trained immigration officers on staff check on the immigration status of prisoners.
It was moved by Council Member Luebben to adopt the Resolution by title only, declaring Cypress as a “Rule of Law” City, not a Sanctuary City, and supporting enforcement of Federal immigration laws.
The motion failed due to lack of a second.
Council Member Seymore read an excerpt from an e-mail received in support of the Federal immigration laws. He re-read his Oath of Office and stated that he believes and supports federal immigration laws and that by condemning a public official, their First Amendment right of free speech is being taken away.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Chris Matsui, Cypress Boy Scout Troop 660, was in attendance for his merit badge.
The following spoke regarding Agenda Items No. 9 and 10:
Alvin Selnick, Cypress
Raymond Herrera, We The People
Ann Marie McClaflin, Cypress
Deborah Pauly, City of Villa Park Council Member
Mayor Narain requested reports from the Council Members on their respective committee assignments.
Council Member Seymore:
Attended the Cypress employee appreciation luncheon. Attended the Pacific Electric Right-of-Way community meeting. Attended the USS Gridley open house in Seal Beach. Attended the Cypress Chamber of Commerce Awards and Installation dinner. Attended an O.C. Fire Authority Board meeting. Met with a developer regarding a proposed development in the City. Commented on the federal immigration laws resolutions that were agendized.
Council Member Mills:
Attended the Cypress employee appreciation luncheon. Attended a Legislative Committee meeting at the Joint Forces Training Base. Attended a Regional Military Affairs Committee meeting at the Joint Forces Training Base. Attended a SCAG Audit Committee meeting. Attended the Cypress Chamber of Commerce Awards and Installation dinner. Attended the memorial service for former City Commissioner Ted Lorber.
Council Member Luebben:
Attended Cypress youth basketball games at Lexington Junior High School and Oxford Academy. Chaired a SCAG Audit Committee meeting. Attended an O.C. Sanitation District Steering Committee and Board meeting. Commented on the immigration laws resolutions that were agendized and thanked those who spoke regarding the issue.
Mayor Narain:
Attended the Cypress employee appreciation lunch. Attended an O.C. Transportation Authority meeting on Measure M. Attended a BRACE visit at DRS Defense Technologies. Attended the Cypress Chamber of Commerce Awards and Installation dinner. Attended a BRACE and AGENT business matchmaker event program.
Mayor Narain spoke about the immigration resolutions, and the mission and vision of the City.
Council Member Mills spoke regarding the accomplishments of the City.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Narain adjourned the meeting in memory of former Commissioner Ted Lorber at 8:42 p.m. to Monday, July 12, 2010, beginning at 5:30 p.m. in the Executive Board Room.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS