Minutes 2009-08-24374
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 24, 2009
A regular meeting of the Cypress City Council was called to order at 6:31 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
CounciVAgency Board Member Leroy Mills
CounciVAgency Board Member Todd Seymore
Members absent:
Council /Agency Board Member Phil Luebben
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
ORAL COMMUNICATIONS:
None.
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 Labor Negotiators, pursuant to Government Code Section
54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups:
Police Management Association and Cypress Police Officers Association.
The City Attorney reported that the Closed Session regarding Conference with Legal
Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(c),
Number of Cases: One, would not be held.
At 6:33 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 7:02 p.m. by
Mayor Bailey.
Members present:
Mayor /Agency Chair Doug Bailey
Mayor Pro Tem /Agency Vice Chair Prakash Narain
CounciVAgency Board Member Leroy Mills
Council /Agency Board Member Todd Seymore
Members absent:
CounciVAgency Board Member Phil Luebben
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Ri44ard Storey
Director of Community Development Ted Commerdinger
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
CITY COUNCIL MINUTES
Police Captain Jackie Gomez Whiteley
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
AUGUST 24, 2009
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Mayor Bailey presented a Certificate of Recognition to the Cypress Pony 14 Year -Old
All Star Team.
Will Kempton, Orange County Transportation Authority Chief Executive Officer,
introduced himself and stated that he is looking forward to working with the City.
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), Quinonez v. City of Cypress, Case Number 30- 2009 00122421,
Orange County Superior Court. The City Attorney stated that there was a privileged
and confidential briefing on ongoing litigation strategy, and there was no reportable
action taken.
The City Attorney reported that the City Council met 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 and Cypress Police Officers Association. The City Attorney
stated that there is an agreement in principle subject to being documented in the form
of a Memorandum of Understanding which will come back for final action by the City
Council at a future City Council meeting.
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.
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 Council Member Seymore and seconded by Mayor Pro Tem Narain, to
approve Consent Calendar Items No. 1 through 10.
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CITY COUNCIL MINUTES
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
AUGUST 24, 2009
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
AUGUST 10, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of August
10, 2009, 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: SECOND READING OF ORDINANCE IMPLEMENTING THE
PROVISIONS OF SENATE BILL (SB) 731 2007 -2008 LEGISLATIVE SESSION.
Recommendation: That the City Council adopt the Ordinance by title only, for inclusion
of the specified language from Senate Bill (SB) 731 of the 2007 -2008 Legislative
Session into the Cypress City Code.
ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 15A -22 OF CHAPTER 15A
OF THE CYPRESS MUNICIPAL CODE REGULATING AND LICENSING
OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF CYPRESS
TO COMPLY WITH THE PROVISIONS OF 2007- 2008'S SENATE
BILL 731 (OROPEZA), CHAPTER 384, STATUTES OF 2008.
Item No. 4: SECOND READING OF ORDINANCE AMENDING PROVISIONS OF
THE CYPRESS MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX
WIRELESS COMMUNICATIONS FACILITIES.
Recommendation: That the City Council adopt the Ordinance by title only, amending
provisions of the Cypress Municipal Code relating to Transient Occupancy Tax and
wireless communications facilities.
ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING PROVISIONS OF THE CYPRESS MUNICIPAL CODE
RELATING TO TRANSIENT OCCUPANCY TAX AND WIRELESS
COMMUNICATIONS FACILITIES.
Item No. 5: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
FOR THE USED OIL RECYCLING BLOCK GRANT.
Recommendation: That the City Council adopt the Resolution by title only, authorizing
submittal of an application to the California Integrated Waste Management Board for
the Used Oil Recycling Block Grant in the amount of $6,800 for Fiscal Year 2009 -10.
RESOLUTION NO. 6160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR USED OIL
RECYCLING BLOCK GRANT.
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AUGUST 24, 2009
Item No. 6: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2009/10 OVERLAY
PROJECT, PUBLIC WORKS PROJECT NO. 2009-07.
Recommendation: That the City Council approve the plans and specifications for the
2009/10 Overlay Project, Public Works Project No. 2009 -07.
Item No. 7: APPROVAL OF COOPERATIVE AGREEMENT WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR TRAFFIC MANAGEMENT
SERVICES FOR THE WEST COUNTY CONNECTORS PROJECT.
Recommendation: That the City Council authorize the City Manager to execute a
Cooperative Agreement with the Orange County Transportation Authority for Traffic
Management Services for the West County Connectors Project.
Item No. 8: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR THE
EXECUTIVE MANAGEMENT POSITIONS, THE MID MANAGEMENT POSITIONS,
AND THE CONFIDENTIAL POSITIONS, AND ADOPTION OF THE RESOLUTION
AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS
AND THE CYPRESS POLICE OFFICERS' ASSOCIATION FOR CONTRACT PERIOD
JULY 1, 2009 THROUGH JUNE 30, 2013.
Recommendation: That the City Council, and acting as the ex- officio governing Board
of Directors of the Cypress Recreation and Park District: 1) Adopt a Resolution by title
only, establishing salary ranges and benefits for Executive Management positions; and
2) Adopt a Resolution by title only, establishing salary ranges and benefits for Mid
Management positions; and 3) Adopt a Resolution by title only, establishing salary
ranges and benefits for Confidential positions; and 4) Adopt a Resolution by title only,
and Memorandum of Understanding between the City of Cypress and the Cypress
Police Officers' Association.
RESOLUTION NO. 6161
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 EXECUTIVE MANAGEMENT POSITIONS.
RESOLUTION NO. 6162
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. 6163
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,
HUMAN RESOURCES TECHNICIAN, AND MANAGEMENT ASSISTANT.
RESOLUTION NO. 6164
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 OFFICERS'
ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS,
AND CONDITIONS OF EMPLOYMENT.
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CITY COUNCIL MINUTES
AUGUST 24, 2009
Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2009.
Recommendation: That the City Council receive and file the Investment Report for the
month of July, 2009.
Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008 -09 FOR WARRANTS NO. 92321 THROUGH
92377 AND FISCAL YEAR 2009 -10 FOR WARRANTS NO. 10116 THROUGH 10233.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2008 -09 and 2009 -10.
NEW BUSINESS:
No items.
END OF CONSENT CALENDAR
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 Mills:
Attended the Chamber of Commerce networking breakfast. Attended the luau at the
Cypress Senior Citizens Center. Attended the Neil Diamond Tribute Concert on the
Green. Attended a legislative mixer at Park Avenue restaurant in Stanton. Attended
the visitation for former Mayor Richard Partin at Forest Lawn Memorial Park. Attended
the Elvis Tribute Concert on the Green.
Council Member Seymore:
Met with the O.C. Fire Authority to discuss the construction of the new fire station in
Cypress. Attended the Neil Diamond Tribute Concert on the Green. Attended a West
Comm Board meeting. Attended the funeral for former Mayor Richard Partin at Forest
Lawn Memorial Park. Attended the Elvis Tribute Concert on the Green.
Mayor Pro Tem Narain:
Attended the quarterly BRACE meeting at the Cypress Community Center. Attended
India's 62 Independence Day program.
Mayor Bailey:
Attended the quarterly BRACE meeting at the Cypress Community Center. Met with
Senator Harman. Attended the Neil Diamond Tribute Concert on the Green. Was the
guest speaker for the Rotary Club of Cypress.
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ITEMS FROM CITY MANAGER:
Thanked Rod Cox, Mike Wintersole, Andy Tse, Matt Burton, and Richard Storey for
their leadership in negotiations with the Cypress Police Officers Association.
Announced that Hoyu America Company Ltd. will be a new business in the City.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:24 p.m. to Monday,
September 14, 2009, beginning at 5:30 p.m. in the cutive Bo. Room.
ATTEST:
NOUGO-C- 1 5 -0.4_,An
CITY CLERK OF THE CITY OF CYPRESS
"O''+F TH irr CYPRESS
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