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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. 2 375 376 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. 3 CITY COUNCIL MINUTES 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. 4 377 378 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. 5 1 CITY COUNCIL MINUTES 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 6 AUGUST 24, 2009 379