Minutes 2010-07-12ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 12, 2010
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
Mayor Pro Tem/Agency Vice Chair Doug Bailey
CounciVAgency Board Member Phil Luebben
CounciVAgency Board Member Leroy Mills
CounciVAgency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
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.
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); Gutierrez v. City of Cypress, Case Number 30- 2009 00302559,
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 7:00 p.m. by
Mayor Narain.
Members present:
Mayor /Agency Chair Prakash Narain
Mayor Pro Tem/Agency Vice Chair Doug Bailey
CounciVAgency Board Member Phil Luebben
CounciVAgency Board Member Leroy Mills
CounciVAgency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
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 Director of Finance Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
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CITY COUNCIL MINUTES
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
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 Anticipated Litigation, pursuant to Government Code
Section 54956.9(b)(1) (3)(A); Number of Cases: One. The City Attorney stated that the
City Council was given a status report and a litigation avoidance strategy that has been
nearly fully implemented. He stated that this matter is expected to be concluded before
the end of the summer.
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); Gutierrez v. City of Cypress, Case Number 30- 2009 00302559,
Orange County Superior Court. The City Attorney stated that the status and strategy of
this litigation was discussed with the City Council along with the removal of the City of
Cypress as a party defendant. He stated that the City Council unanimously authorized the
litigation strategy.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR.
PER SPEAKER, SPEAKING ONCE.)
Mayor Narain asked anyone who wished to speak on any topic
meeting Agenda to come forward.
David Sluga, Cypress Community Festival, spoke regarding upcoming Festival activities.
The following spoke regarding Agenda Items No. 7 and 8:
Wanda Shaffer, League of Women Voters
Elinor Stein, Cypress
Sandra Montez, Cypress
Mary Crowder, Cypress
Christopher Chaidez, Cypress
JULY 12, 2010 019
(THREE MINUTES
not included on the
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).
Item No. 1: PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL
YEAR 2010 -11. CITY OF CYPRESS PROJECT NO. 8615 -90.
The Public Works Superintendent provided background information on this item.
The public hearing was opened.
Mayor Narain asked if there was anyone who wished to speak in favor of the item.
Mayor Narain asked if there was anyone who wished to speak against the item.
The public hearing was closed.
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CITY COUNCIL MINUTES
JULY 12, 2010 020
It was moved by Council Member Seymore and seconded by Council Member Luebben,
that the City Council hold the required public hearing and adopt the Resolution by title
only, ordering the renewal of Cypress Corporate Center Landscape Maintenance District
No. 1 for Fiscal Year 2010 -11, pursuant to the Landscaping and Lighting Act of 1972.
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
CONSENT CALENDAR:
RESOLUTION NO. 6205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT
NO. 1 FOR FISCAL YEAR 2010 -11, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND
CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.
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 requested Agenda Items No. 2 and 5 be pulled from the
Consent Calendar.
Mayor Pro Tem Bailey abstained from Agenda Item No. 2 due to his absence from the
meeting.
It was moved by Council Member Seymore and seconded by Council Member Mills, to
approve Consent Calendar Items No. 3, 4, and 6.
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. 3: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE
FURTHER READING.
Item No. 4: PROCLAIMING "NO TEXTING WHILE DRIVING" IN THE CITY OF
CYPRESS.
Recommendation: That the City Council officially proclaim "No Texting While Driving" in
the City of Cypress.
Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 13873 THROUGH 14034.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2009 -10.
Regarding Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING
OF JUNE 28. 2010, Council Member Luebben stated that he recognizes that the City of
Cypress takes action minutes. He stated that over the past two meetings he has brought
forward similar resolutions and both times he gave lengthy presentations, however, the
minutes did not reflect his specific comments. He commented that once a motion fails due
to lack of second, the item is over with no further information for the record or the minutes.
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CITY COUNCIL MINUTES
Council Member Luebben stated that comments made by Council Member Seymore
should be removed. He indicated that the City Clerk sent out to all of the City Council
Members a suggested correction to the minutes but it becomes his duty to bring this item
forward to request formally that that paragraph be removed, not because he has any
problem with what Council Member Seymore said, but because if we are being consistent
in the minutes, once the item died for failure due to lack of second, nothing further should
be captured in the minutes.
It was moved by Council Member Luebben that the City Council approve the Minutes of
the Meeting of June 28, 2010, as amended.
Motion failed due to lack of a second.
It was moved by Council Member Seymore and seconded by Council Member Mills, that
the City Council approve the Minutes of the Meeting of June 28, 2010, as submitted.
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
3 COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
1 COUNCIL MEMBERS:
Mills, Seymore, and Narain
Luebben
None
Bailey
The City Attorney indicated that the City prepares largely action minutes and that there
was a statement reflected in the record after the motion was ended, although no one
objected to the statement. He indicated that the verbatim record of the proceedings of the
City Council are maintained in the City's video archive of City Council meetings. The City
Attorney stated that action minutes reflect actions of the City Council, however, additional
detail can be added as the City Council wishes.
Council Member Luebben stated that he wanted the record to reflect his no vote for the
reasons previously stated.
Regarding Item No. 5: ADOPTION OF RESOLUTIONS AND MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
EMPLOYEES' ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2010 THROUGH
JUNE 30, 2014; ADOPTION OF RESOLUTION ESTABLISHING SALARY AND
BENEFITS FOR CONFIDENTIAL POSITIONS; ADOPTION OF RESOLUTION
ESTABLISHING SALARY AND BENEFITS FOR MID MANAGEMENT POSITIONS: AND
ADOPTION OF RESOLUTION ESTABLISHING SALARY AND BENEFITS FOR
EXECUTIVE POSITIONS, Council Member Luebben asked for clarification on the
retention stimulus and who would receive it.
The City Manager responded that the retention stimulus would go to the employees in the
Cypress Employees' Association, Mid Managers, and Confidential employees, and that it
is a cash payment stipend.
Council Member Luebben asked for clarification on the Consumer Price Index (CPI) and
stated that he could not support this item. He commented that he thought there would not
be any employee salary increases in 2010 and asked how the City could afford the
retention stimulus payment.
The City Manager responded that the employees would receive a $2,000 cash payment,
not a raise, and that the retention stimulus is within the City's budget. He stated that it is
more beneficial to the City than salary increases.
Council Member Luebben stated that most colleagues he has spoken to from surrounding
cities would not be offering bonuses and/or raises and he, therefore, is uncomfortable with
any type of increase be it bonus or salary increases for 2010.
It was moved by Council Member Seymore and seconded by Council Member Mills, that
the City Council: 1) Adopt a Resolution by title only, approving the Memorandum of
Understanding (MOU) between the City of Cypress and the Cypress Employees'
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JULY 12, 2010 021
CITY COUNCIL MINUTES
JULY 12, 2010 022
Association; 2) Adopt a Resolution by title only, establishing salary and benefits for
Confidential positions; 3) Adopt a Resolution by title only, establishing salary and benefits
for Mid Management positions; and 4) Adopt a Resolution by title only, establishing salary
and benefits for Executive positions.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION
CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT.
NEW BUSINESS:
No items.
No items.
No items.
RESOLUTION NO. 6206
RESOLUTION NO. 6207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING
COMPENSATION FOR THE CONFIDENTIAL POSITIONS OF
HUMAN RESOURCES ANALYST, MANAGEMENT ANALYST,
SECRETARY TO THE CITY MANAGER AND
HUMAN RESOURCES TECHNICIAN.
RESOLUTION NO. 6208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING
SALARY RANGES AND BENEFITS FOR MID MANAGEMENT POSITIONS.
RESOLUTION NO. 6209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING
SALARY RANGE AND BENEFITS FOR EXECUTIVE MANAGEMENT.
END OF CONSENT CALENDAR
RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the
Ex Officio Governing Board of Directors.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting
as the Cypress Redevelopment Agency.
5
CITY COUNCIL MINUTES
JULY 12, 2010 023
ITEMS FROM CITY COUNCIL MEMBERS:
Item No. 7: 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.
Motion failed due to lack of a second.
Item No. 8: 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.
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.
Motion failed due to lack of a second.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
The following spoke regarding Agenda Items No. 7 and 8:
Mary Rasmussen, Cypress
Anita Hynds, Yorba Linda
Abel Barboza, Cypress
Jeff Rogers, Cypress
Christopher Chaidez, Cypress
Mary Crowder, Cypress, spoke regarding Agenda Items No. 7 and 8, the trash company
leaving trash on the street, and a tree that needs to be removed on Reefton Avenue.
Mayor Narain requested reports from the Council Members on their respective committee
assignments.
Council Member Luebben:
Attended a SCAG Energy and Environment Committee meeting. Attended youth
basketball games at Lexington Junior High School.
Council Member Luebben left the meeting at 8:09 p.m.
Mayor Pro Tem Doug Bailey:
Commented on statements made by Council Member Luebben. Hosted the 9 and 10 year
old Little League All Stars tournament.
Council Member Mills:
Attended a SCAG Strategic Planning Committee meeting. Attended SCAG committee
meetings. Attended an O.C. Division League of California Cities meeting. Attended a
League of California Cities Advocacy Committee meeting. Attended the Cypress Pops
Orchestra Concert on the Green.
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CITY COUNCIL MINUTES
Council Member Sevmore:
Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base.
Attended an O.C. Division League of California Cities meeting. Commented on the
federal immigration law issue.
Mayor Narain:
Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base.
Attended an O.C. Division League of California Cities meeting. Attended the
Wienerschnitzel Wiener Nationals at the Los Alamitos Race Track. Asked the Director of
Community Development to provide information on the Business Matchmaker event held
at the Cypress Community Center.
The Director of Community Development provided a slideshow presentation and
information on the event. He thanked staff members Bill Manis and Steve Clarke, and
members of the Small Business Administration office in Santa Ana for their assistance.
Mayor Narain spoke regarding the City of Cypress Vision and Mission Statement. He
encouraged the promoting of businesses and requested that staff look into future plans for
a job fair that includes local City businesses.
ITEMS FROM CITY MANAGER:
The City Manager clarified the discussion held regarding Agenda Item No. 5 and
complimented staff and the City Council Members.
ADJOURNMENT: Mayor Narain adjourned the meeting at 8:33 p.m. to Monday, July 26,
2010, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
7
■cnnM.‘e
JULY 12, 2010 024
MAYOR OF THE CITY OF CYPRESS