Minutes 2009-09-14380
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 14, 2009
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor /Agency Chair Doug Bailey
Mayor Pro Tem /Agency Vice Chair Prakash Narain
Council /Agency Board Member PhD Luebben
Council /Agency Board Member Todd Seymore
Members absent:
Council /Agency Board Member Leroy Mills
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Dancs
ORAL COMMUNICATIONS:
None.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel Liability Claims, pursuant to Government
Code Section 54956.9(d); Claimant: Alex Nguyen; Agency Claimed Against: City of
Cypress. The receipt of a claim pursuant to the Tort Claims Act is available for public
inspection pursuant to Government Code Section 54957.5.
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); Quinonez v. City of Cypress, Case Number 30 -2009-
00122421, 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(c); Number of Cases: One.
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, Richard Storey; Employee Groups:
Police Management Association.
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 241 044 -01, 03, and 04 and
241 045 -09, 10, and 11 and 241 204 -02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12 and
241 205 -11; Consisting of Approximately 2.47 Acres on Myra Avenue, between Walker
Street and Moody Street; Party Negotiating With: Ferrier, Robert S Trust; Acorn, Andrea
Bradford; Francho, James P. Michelle; Gary Batterton; Dennis Fernandes; Atul
Ghadiali; Kim, Yoon Hee; Graham, Bleeker; Dixon, John; Fraser, Geoffrey S. Family
Trust; George, Mathew; Ramirez, Mario; Heffernan, Mark Trust; Patipaksiri, Petcharat
Songkran; Yi, Kwang Chae; Cao, Dung Minh; Vu, Anhdao Trust; Andrew Houck;
Negotiating Party: City Manager and Director of Public Works; Under Negotiation: Price
and Terms of Payment.
At 6:04 p.m., the Mayor recessed the meeting.
CITY COUNCIL MINUTES SEPTEMBER 14, 2009
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 Bailey.
Members present:
Mayor /Agency Chair Doug Bailey
Mayor Pro Tem /Agency Vice Chair Prakash Narain
Council /Agency Board Member Phil Luebben
Council /Agency Board Member Todd Seymore
Members absent:
Council /Agency Board Member Leroy Mills
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June. Liu
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Water Quality Manager Gonzalo Vazquez
Associate Planner Kori Nevarez
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Luebben.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Chief of Police presented the Annual Police Overtime Report.
Council Member Luebben asked about cutbacks and /or supplemental assistance with
special events such as the Cypress Police Department Open House and the Cypress
Community Festival.
The Chief of Police responded that the Volunteers in Policing is more active along with
an increase in recruiting for the Cypress Police Explorers. Additionally, Police Officers
are encouraged to attend events while on duty.
Mayor Bailey inquired about the number of overtime hours from last year compared to
this year.
The Chief of Police stated that the backfill of personnel was not necessary because
patrol was fully staffed.
Mayor Bailey asked about the elimination and reprogramming of community events.
The Chief of Police replied that assistance from other support units is sought, in addition
to on -duty personnel. The Cypress Police Department Open House and the Citizens
Academy have not been reinstituted due to the events' high cost.
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 Liability Claims, pursuant to Government Code Section
54956.9(d); Claimant: Alex Nguyen; Agency Claimed Against: City of Cypress. The
receipt of a claim pursuant to the Tort Claims Act is available for public inspection
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CITY COUNCIL MINUTES SEPTEMBER 14, 2009
pursuant to Government Code Section 54957.5. The City Attorney stated that there was
a privileged and confidential briefing on the claim and issues associated with that claim.
No reportable action was taken.
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); Quinonez v. City of Cypress; Case Number 30- 2009 00122421,
Orange County Superior Court. The City Attorney stated that a privileged and
confidential briefing was provided on this litigation, as it is ongoing.
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(c); Number of Cases: One. The City Attorney stated that facts and
circumstances were discussed which could give rise to the need to file litigation. The
City Council unanimously authorized a continued negotiating strategy which, if it proves
unsuccessful, will authorize the City to file legal action at an undetermined time.
The City Attorney reported that the Closed Session regarding Conference with Labor
Negotiators, pursuant to Government Code Section 54957.6); Agency Negotiators: John
B. Bahorski, Richard Storey; Employee Groups: Police Management Association, was
not held.
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 241 044 -01, 03, and 04 and 241-
045-09, 10, and 11 and 241 204 -02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12 and 241-
205 -11; Consisting of Approximately 2.47 Acres on Myra Avenue, between Walker
Street and Moody Street; Party Negotiating With: Ferrier, Robert S Trust; Acorn, Andrea
Bradford; Francho, James P. Michelle; Gary Batterton; Dennis Fernandes; Atul
Ghadiali; Kim, Yoon Hee; Graham, Bleeker; Dixon, John; Fraser, Geoffrey S. Family
Trust; George, Mathew; Ramirez, Mario; Heffernan, Mark Trust; Patipaksiri, Petcharat
Songkran; Yi, Kwang Chae; Cao, Dung Minh; Vu, Anhdao Trust; Andrew Houck;
Negotiating Party: City Manager and Director of Public Works; Under Negotiation: Price
and Terms of Payment. The City Attorney stated that there was a privileged and
confidential discussion about ongoing options with respect to the acquisition of such
properties. No reportable action was taken.
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 Bailey asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Austin Nation, Cypress Civic Theatre Guild, spoke regarding its second annual
fundraiser on October 10, 2009 at 7:00 p.m. at the Cypress Community Center.
Mike Ellard, Fujifilm USA, presented the City Council with a digital infrared camera for
the Cypress Police Department.
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 Luebben abstained on Agenda Item No. 1.
It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, to
approve Consent Calendar Items No. 1 through 11.
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CITY COUNCIL MINUTES SEPTEMBER 14, 2009
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
AUGUST 24, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of August
24, 2009, as submitted, with Council Member Luebben abstaining due to his absence
from the meeting.
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 SEPTEMBER 2009 AS "NATIONAL
PREPAREDNESS MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
September 2009 as "National Preparedness Month" in the City of Cypress.
Item No. 4: AWARD OF PROFESSIONAL CONTRACT SERVICES FOR THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR THE PROPOSED
AMENDMENTS TO THE CYPRESS GENERAL PLAN, LINCOLN AVENUE SPECIFIC
PLAN AND CYPRESS ZONING ORDINANCE PERTAINING TO IMPLEMENTATION OF
THE ADOPTED 2008 -2014 HOUSING ELEMENT PROGRAMS 14, 14A, 14B, AND 17.
Recommendation: That the City Council: 1) Approve the contract with RBF Consulting for
the preparation of environmental documents for the proposed amendments to the Cypress
General Plan, Lincoln Avenue Specific Plan, and Zoning Ordinance pertaining to
implementation of the Adopted 2008 -2014 Housing Element Programs 14, 14a, 14b, and
17, for a cost not to exceed $29,735.00; and 2) Authorize $4,460 (15% of award amount)
as contingency to be used for unforeseen necessary work and authorize the Director of
Community Development to act as Contract Officer.
Item No. 5: ORANGE COUNTY GRAND JURY REPORT: "PAPER WATER."
Recommendation: That the City Council receive and file the report responses to the
Orange County Grand Jury and authorize the Mayor to send the responses to the Grand
Jury on behalf of the City Council.
Item No. 6: APPROVAL OF TASK ORDERS WITHIN THE EXISTING ON -CALL
CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION ON LA
SALLE /BELMONT /LINCOLN (PROJECT NO. 2009 -12), WATSON /DELONG (PROJECT
NO. 2009 -13), AND GRINDLAY /BALL/MOODY (PROJECT NO. 2009 -14).
Recommendation: That the City Council: 1) Approve Task Orders for design services
for sewer rehabilitation on La Salle Street/Belmont Street/Lincoln Avenue (Project No.
2009 -12), in the amount of $58,207, on Watson Street/DeLong Street (Project No. 2009-
13), in the amount of $122,260, and on Grindlay Street/Ball Road /Moody Street (Project
No. 2009 -14), in the amount of $99,970, to Lee Ro, Inc.; and 2) Authorize $42,000
(15% of total contract amount) 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: ANNUAL BUDGET AMENDMENT TO REALLOCATE PROPOSITION 1B
FUNDS WITHIN THE CITY'S CAPITAL IMPROVEMENT PROJECTS FUND.
Recommendation: That the City Council approve the reallocation of Proposition 1B (Prop
1B) funds within the City's Capital Improvement Projects (CIP) Fund as follows: 1)
Exchange $700,000 of Prop 1B funds originally appropriated in Fiscal Year 2007 -08 for the
Moody Street Beautification Project, with Measure M funds in the amount of $300,000 from
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CITY COUNCIL MINUTES SEPTEMBER 14, 2009
from the Residential Street Resurfacing (Fiscal Year 2008 -09) Program, and $400,000
from the Arterial Street Rehabilitation (Fiscal Year 2009 -10) Program; and 2) For Fiscal
Year 2008 -09, increase budgeted transfers from the Measure M Fund (2200 -39) to the CIP
Fund (1200 -15) by $300,000; and 3) For Fiscal Year 2008 -09, decrease estimated
revenues in the CIP Fund (3525 -15) by $400,000, and increase estimated revenues in the
Gas Tax Fund (3525 -22) by $400,000; and 4) For Fiscal Year 2009 -10, increase transfers
from the Measure M Fund (2200 -39) to the CIP Fund (1200 -15) by $400,000, decrease
transfers from the Measure M Fund (2200 -39) to the Gas Tax Fund (1200 -22) by
$400,000, and decrease transfers from the Measure M Fund (2200 -39) to the CIP Fund
(1200 -15) by $300,000.
Item No. 8: ACCEPTANCE OF A DONATION FROM FUJIFILM USA.
Recommendation: That the City Council accept the donation of one (1) Fujifilm model IS-
1, infrared digital camera from Fujifilm USA (6200 Phyllis Drive, Cypress, CA 90630) to be
used by the Police Department for forensic analysis and /or nighttime surveillance.
Item No. 9: APPROVAL OF AN AGREEMENT TO TRANSFER FUNDS FOR FY 2009
RECOVERY ACT JAG PROGRAM.
Recommendation: That the City Council: 1) Approve an increase to estimated revenues
in the General Fund in Other Grants (account number 114 99999 3525), in the amount
of $31,348 for the 2009 Recovery Act, Justice Assistance Grant program; and 2)
Approve the appropriation of $8,000 from the 2009 Recovery Act, Justice Assistance
Grant program to the unreserved fund balance of the General Fund to Small Tools and
Equipment (account number 114-50183-4187), for the purchase of various police
equipment; and 3) Approve the appropriation of $12,348 from the 2009 Recovery Act,
Justice Assistance Grant program to the unreserved fund balance of the General Fund
to Software (account number 114-50183-4116), for the purchase of law enforcement
related software; and 4) Approve an increase to budgeted transfers from the General
Fund, (account number 114 99999.4501_721), in the amount of $11,000 for the 2009
Recovery Act, Justice Assistance Grant program to the City's Equipment Replacement
Fund (account number 721 99999.3901_114); and 5) Approve the appropriation of
$11,000 from the 2009 Recovery Act, Justice Assistance Grant program to the
unreserved fund balance of the City's Equipment Replacement Fund (account number
721- 95300 4305_200), for the purchase of various police equipment; and 6) Authorize
the Mayor to execute three (3) original copies of the "Agreement to Transfer Funds for
FY 2009 Recovery Act JAG Program."
Item No. 10: ADOPTION OF THE RESOLUTION AND MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE
MANAGEMENT ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2009 THROUGH
JUNE 30, 2012.
Recommendation: That the City Council adopt the Resolution by title only, for ratification
of the Memorandum of Understanding between the City of Cypress and the Cypress
Police Management Association.
RESOLUTION NO. 6165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES,
SALARIES, FRINGE BENEFITS, AND CONDITIONS OF EMPLOYMENT.
Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008 -09 FOR WARRANTS NO. 92378 THROUGH
92399 AND FISCAL YEAR 2009 -10 FOR WARRANTS NO. 10234 THROUGH 10421.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Years 2008 -09 and 2009 -10.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
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.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective committee
assignments.
Council Member Luebben:
Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting.
Attended an O.C. Sanitation District Administration Committee meeting.
Mayor Pro Tem Narain:
Attended the grand opening of Empire Warehouse and Distribution. Attended the
memorial plaque and tree dedication for Private Gautier at Veterans Park. Attended a
welcome ceremony for Admiral French. Accompanied Congressman Ed Royce on a
tour of Los Alamitos Medical Center. Attended a Labor Day barbecue hosted by
Assemblyman Tony Mendoza at Heritage Park in Cerritos. Attended the O.C. Division
League of California Cities meeting.
Mayor Bailey:
Attended the grand opening of Empire Warehouse and Distribution. Attended the
memorial plaque and tree dedication ceremony for Private Gautier at Veterans Park. Met
with the Mayors of Los Alamitos and Seal Beach regarding the Joint Forces Training
Base. Attended the O.C. Division League of California Cities meeting. Attended the
9/11 football game between Cypress High School and Mater Dei High School where
local safety personnel and military recruiters were honored. Attended a ribbon cutting at
a rally awareness event for child abuse at Veterans Park.
Council Member Sevmore:
ITEMS FROM CITY MANAGER:
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SEPTEMBER 14, 2009
Attended the grand opening of Empire Warehouse and Distribution. Attended the
memorial plaque and tree dedication ceremony for Private Gautier at Veterans Park.
Attended an O.C. Fire Authority Executive Board meeting. Attended the Cypress Pops
Orchestra Concert on the Green. Attended the O.C. Division League of California Cities
meeting. Attended the 9/11 football game between Cypress High School and Mater Dei
High School.
The City Manager stated that a meeting was held with the Mayors of the cities of
Cypress, Seal Beach and Los Alamitos, and that a letter will be going out to the Joint
Forces Training Base requesting a new process to ensure that better communications
occur with the recommendation that ad -hoc committees be formed of the three Mayors
and the three City Managers.
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CITY COUNCIL MINUTES SEPTEMBER 14, 2009
Stated that the cities of Cerritos and Westminster would like to meet with representatives
from Cypress regarding the AGENT program. He stated that the next AGENT meeting
will be held on Thursday, October 29, 2009, 8:00 a.m. 10:00 a.m. at the Cypress
Community Center.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:35 p.m. to Monday,
September 28, 2009, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
f)oJo E:.O
CITY CLERK OF THE CITY OF CYPRESS