MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD DECEMBER 13, 2010
A regular meeting of the Cypress City Council was called to order at 6:30 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
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); Blythe v. North Orange County Community College District, et al., Case Number 30-2008-00103466; Orange County Superior Court.
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 54956.9(b)(1) & (3)(A); Number of Cases: One.
At 6:31 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/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 Jackie Gomez-Whiteley
Assistant City Engineer Kamran Dadbeh
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 spoke of the City’s accomplishments over the past year and of his gratitude for having served as the City’s Mayor.
CITY COUNCIL REORGANIZATION:
Mayor Narain opened the nominations for Mayor.
Mayor Narain moved and Council Member Seymore seconded the motion to nominate Council Member Mills for the office of Mayor. It was moved by Council Member Seymore and seconded by Mayor Narain, to close nominations.
Council Member Mills was unanimously elected Mayor 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
Council Member Narain then asked for nominations for the office of Mayor Pro Tem.
Council Member Narain moved and Mayor Pro Tem Bailey seconded the motion to nominate Council Member Seymore for the office of Mayor Pro Tem. It was moved by Council Member Luebben and seconded by Council Member Seymore, to close the nominations.
Council Member Seymore was unanimously elected Mayor Pro Tem by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ELECTION OF AGENCY CHAIR AND VICE CHAIR:
Agency Chair Narain opened the nominations for Agency Chair.
Agency Chair Narain moved and Agency Vice Chair Bailey seconded the motion to nominate Agency Board Member Mills for the office of Agency Chair and Agency Member Seymore for the office of Agency Vice Chair. It was moved by Agency Chair Narain and seconded by Agency Member Seymore, to close the nominations.
Agency Member Mills was unanimously elected Agency Chair and Agency Member Seymore was unanimously elected Agency Vice Chair by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
PRESENTATIONS:
Mayor Mills presented a plaque to outgoing Mayor Narain.
Mayor Mills thanked the voters of Cypress for their confidence in reelecting him, Council Member Bailey, and Council Member Narain to the City Council for an additional four years. He acknowledged the attendance of City of Los Alamitos Mayor Ken Stephens and Mayor Pro Tem Troy Edgar.
Outgoing Mayor Pro Tem Bailey commented on his year as Mayor Pro Tem and wished the newly elected Mayor and Mayor Pro Tem success in the upcoming year.
The meeting was recessed at 7:10 p.m.
The meeting was reconvened at 7:24 p.m.
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); Blythe v. North Orange County Community College District, et al., Case Number 30-2008-00103466; Orange County Superior Court. He stated that a privileged and confidential briefing was provided. There was a status report on ongoing settlement negotiations.
The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) & (3)(A); Number of Cases: One. He stated that the City Council was briefed on facts and circumstances that could be taken in an effort to avoid a potential for litigation. He stated that a privileged and confidential strategy briefing was held and the City Council approved the strategy as recommended.
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 Mills asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.
None.
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 Seymore and seconded by Council Member Bailey, to approve Consent Calendar Items No. 1 through 12.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 22, 2010.
Recommendation: That the City Council approve the Minutes of the Meeting of November 22, 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 NOVEMBER 2010 AS “AMERICAN DIABETES MONTH” IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the month of November 2010 as “American Diabetes Month” in the City of Cypress.
Item No. 4: ACCEPTANCE OF FISCAL YEAR 2009-2010 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council accept and direct staff to file the Fiscal Year 2009-2010 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2010.
Item No. 5: ACCEPTANCE OF REPLACEMENT OF EMERGENCY GENERATOR AND ELECTRICAL PANELS AT CITY HALL, PUBLIC WORKS PROJECT NO. 2007-17.
Recommendation: That the City Council: 1) Accept Replacement of Emergency Generator and Electrical Panels at City Hall, Public Works Project No. 2007-17, as being satisfactorily completed in conformance with the project specifications, in the final amount of $543,649.13; and 2) Approve the final retention payment of $54,364.91 to CG Construction, Paramount, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien and warranty periods, if no claims or objections have been filed, upon concurrence of the Director of Public Works.
Item No. 6: ADOPTION OF RESOLUTION ESTABLISHING A MEASURE M2 LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE CITY OF CYPRESS.
Recommendation: That the City Council adopt the Resolution by title only, establishing a Measure M2 Local Signal Synchronization Plan for the City of Cypress.
Resolution No.. 6229
A Resolution of the City Council of the City of Cypress,
Adopting a Measure M2 Local Signal
Synchronization Plan.
Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE VALLEY VIEW FIBER OPTIC INSTALLATION PROJECT, PUBLIC WORKS PROJECT NO. 2009-10.
Recommendation: That the City Council approve the plans and specifications for the Valley View Fiber Optic Installation Project, Public Works Project No. 2009-10.
Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF A PURCHASE ORDER CONTRACT FOR PROCUREMENT OF PUMPS, MOTORS, AND DRIVES FOR THE MYRA AVENUE PUMP STATION NO. 2 PROJECT, PUBLIC WORKS PROJECT NO. 2008-06.
Recommendation: That the City Council: 1) Approve the plans and specifications for the Myra Avenue Pump Station No. 2 Project, Public Works Project No. 2008-06; and 2) Dispense with formal bidding procedure and award a contract for procurement of pumps, motors, and drives for the Myra Avenue Pump Station No. 2 Project, Public Works Project No. 2008-06, in the amount of $385,038.08 to Flo-Systems, Inc., authorize a contingency of $38,503.81 (10% of contract amount), and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 9: AWARD OF CONTRACT FOR ON-CALL FATS, OILS, AND GREASE/ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES.
Recommendation: That the City Council award a Professional Services Agreement for On-Call Fats, Oils, and Grease/Environmental Compliance Inspection Services to Environmental Compliance Inspection Services, 26 Dauphin, Dana Point, California 92629, and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 10: AWARD OF CONTRACT FOR ON-CALL INSPECTION AND ENVIRONMENTAL COMPLIANCE SERVICES FOR STORM WATER QUALITY/NATIONAL POLLUTANT ELIMINATION DISCHARGE SYSTEM (NPDES).
Recommendation: That the City Council award a Professional Services Agreement for On-Call Inspection and Environmental Compliance Services for Storm Water Quality/National Pollutant Discharge Elimination System (NPDES) to Charles Abbott Associates, 879 West 190th Street, Suite 920, Gardena, California 90248, and direct the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 11: APPROPRIATION FROM THE NARCOTICS ASSET SEIZURE FUND FOR POLICE DEPARTMENT PURCHASES.
Recommendation: That the City Council: 1) Approve an increase to budgeted appropriations for the following appropriations from the unreserved fund balance of the Narcotics Asset Seizure Fund: $5,000 for transcription services to 281-50179.4187_022 (Contract Services – Private Other Police Contracts); and $31,800 for private investigations ($14,500 for backgrounds and $17,300 for professional standards) to 281-50179.4189_100 (Contract Services – Private Consultant); and $15,000 for a computer software development consultant to 281-50179.4189_100 (contract Services – Private Consultant); and $10,000 for police radio reprogramming by the Orange County Sheriff’s Department Communications Division to 281-50163.4188_009 (Contract Services – Public); and $10,000 for range equipment, defibrillator parts, uniforms for Volunteer Corps personnel, identification jackets for detectives, and a video camera for detectives to 281-50179.4113 (Smalls Tools and Equipment); and $1,250 for a replacement Digital Image Management System (DIMS) printer and Adobe CS4 software (photograph and video software for detectives) to 281-50179.4116 (Computer Equipment); and 2) Approve an increase in appropriations in the City’s Equipment Replacement Fund for $21,000 (721.95300.4305_200) for the purchase of two (2) treadmill machines and one (1) elliptical machine; and 3) Approve the transfer of $13,500 from the Narcotics Asset Seizure Fund (721.99999.3901_281) to the City’s Equipment Replacement Fund (281.99999.4501_721) to pay for a portion of the treadmill and elliptical machine purchases.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010-11 FOR WARRANTS NO. 15748 THROUGH 15879.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010-11.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 13: APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES.
Mayor Mills made the following committee appointments:
Growth Management Area No. 2 /Traffic Prakash Narain – Representative
Signal Synchronization (Measure M) Todd Seymore – Alternate
(Meets annually or semi-annually as needed)
Joint Communications Center Executive Board Todd Seymore – Representative
(Meets quarterly or as needed) Leroy Mills – Alternate
League of California Cities Orange County Division Leroy Mills – Representative
(Meets 2nd Thursday of the month – 6:45 p.m.) Todd Seymore – Alternate
League of California Cities Leroy Mills – Representative
Legislative Delegate Program Todd Seymore – Alternate
League of California Cities O.C. City Selection Leroy Mills - Representative
Committee Todd Seymore – 1st Alternate
(Meets prior to Division General Meeting at 5:30 p.m.) Prakash Narain – 2nd Alternate
Orange County Council of Governments - Leroy Mills – Representative
General Assembly Todd Seymore – Alternate
(Annual Conference date to be determined)
Orange County Fire Authority Todd Seymore – Representative
(Meets 4th Thursday of the month at 6:30 p.m.) Doug Bailey – Alternate
Orange County Library Advisory Board Prakash Narain – Representative
(Meets as needed) Todd Seymore – Alternate
Orange County Sanitation District Prakash Narain – Representative
(Meets 4th Wednesday of the month at 7 p.m.) Doug Bailey – Alternate
Orange County Transit System Study Leroy Mills - Representative
(Two workshops to be held on January 12,
2011 and March 23, 2011)
Orange County Transportation Authority Todd Seymore – Representative
West Cities Rail Study Policy Committee Leroy Mills - Alternate
(Meets as needed)
Orange County Vector Control District Doug Bailey – Representative
(Meets 3rd Thursday of the month at 3:00 p.m.) (Two Year Appointment)
Santa Ana River Flood Protection Agency Doug Bailey – Representative
(Meets 4th Thursday of odd-numbered Leroy Mills – Alternate
months at 4 p.m.)
Southern California Association of Leroy Mills – Representative
Governments - General Assembly Doug Bailey – Alternate
(Meets annually)
Business Retention, Attraction, Creation Leroy Mills (Mayor)
and Expansion Committee (BRACE) Doug Bailey (Selected by Mayor)
(Meets as needed)
Council Member Luebben strongly expressed his disappointment with not being reappointed as a representative to the Orange County Sanitation District.
It was moved by Mayor Mills and seconded by Mayor Pro Tem Seymore, that the City Council confirm the Mayor’s appointments to the various organizations and committees.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Bailey, Narain, Seymore and Mills
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.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mayor Mills asked the Recreation and Community Services Director to provide information on the holiday Adopt-A-Family program.
The Recreation and Community Services Director provided information on the program and stated that there are 21 local families being sponsored by local businesses and organizations.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Mills requested reports from the Council Members on their respective committee assignments.
Council Member Luebben:
Attended the Seal Beach holiday parade. Attended a Christmas regatta hosted by the Long Beach Rowing Association. Attended a DARE graduation at Vessels Elementary School. Chaired an O.C. Sanitation District Administration Committee meeting. Spoke regarding the annual O.C. Sanitation District strategy meeting.
Mayor Pro Tem Seymore:
Attended a DARE graduation at Landell Elementary School. Attended an O.C. Fire Authority Board meeting. Participated in the e-waste event at the Cypress Community Center. Attended an O.C. Fire Authority reserve academy graduation. Attended a meeting with the North Orange County Community College District. Attended a Pacific Electric Right-of-Way meeting. Attended a DARE graduation at Vessels Elementary School. Attended the Holiday Sing at the Cypress Civic Center.
Council Member Bailey:
Discussed the Vector Control District vector of the month for December. Congratulated Mayor Mills and Mayor Pro Tem Seymore.
Council Member Narain:
Attended a Mayors meeting to discuss regional issues. Attended the Cypress Chamber of Commerce Holiday Extravaganza. Met with Boy Scouts and provided a tour of the Council Chambers. Attended the Holiday Sing at the Cypress Civic Center.
Mayor Mills:
Attended a Joint Forces Training Base Regional Military Affairs Committee meeting. Attended a ribbon cutting for Manhattan Beachwear. Attended the Road to Economic Recovery presentation in Los Angeles. Attended Memories of Christmas presented by the Cypress California Stake.
ITEMS FROM CITY MANAGER:
The City Manager announced the State of the City Luncheon to be held on January 26, 2011 at 11:30 a.m.
The City Manager thanked the City Council for their support, the Executive Staff for their assistance, and staff for their hard work.
ADJOURNMENT: Mayor Mills adjourned the meeting at 7:55 p.m. to Monday, January 10, 2011, 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