Minutes 2010-11-22MINUTE$ OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 22, 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 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
Information Systems Manager Don Casados
Administrative Services Manager Andrew Tse
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem
Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
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CITY COUNCIL MINUTES
PRESENTATIONS:
The City Clerk administered the Loyalty Oath and presented Certificates of Election to
newly elected Council Members Doug Bailey, Leroy Mills, and Prakash Narain.
The meeting was recessed at 7:06 p.m.
The meeting was reconvened at 7:15 p.m.
REPORT OF WORKSHCY' 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. He stated that a confidential
and privileged briefing was provided on the facts and circumstances which could give
rise to an exposure to litigation and authorization was received from the City Council to
pursue a litigation strategy.
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 Narain asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Philip Law, Southern California Association of Governments, spoke regarding the
Pacific Electric Right -of -Way Corridor and public meetings related to the Transit
Planning Study.
The following spoke regarding pit bulls in the City:
Sue Douglas, Cypress
Rose Roberson, Cypress
Elizabeth Childers, Cypress
Michelle Moreno, Cypress
Tom Felien, Cypress
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George O'Hara, Cypress Chamber of Commerce, spoke regarding Chamber activities.
Laura Herzog, Joint Forces Training Base, spoke regarding Base issues.
Dr. Ty Caldwell and his staff spoke regarding the Dentistry From the Heart event held
recently.
Council Member Mills commented on the success of the free dentistry event.
Sherry Kingston, Cypress, spoke regarding the crosswalk at the intersection of
Crescent Avenue and Walker Street.
It was moved by Council Member Seymore and seconded by Council Member Mills, to
move Agenda Item #16 as the first item for discussion.
The motion was carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None.
COUNCIL MEMBERS: Luebben
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CITY COUNCIL MINUTES NOVEMBER 22, 2010 091
ITEMS FROM CITY COUNCIL MEMBERS:
Item No. 16: ASSOCIATION OF CALIFORNIA CITIES ORANGE COUNTY.
Council Member Seymore provided background information on this item.
Lacy Kelly, Executive Director, O.C. Division League of California Cities, provided
information on the formation of the Association of California Cities.
Council Member Luebbea asked for a Iarifi cat ion on her role with the Association of
California Cities.
Ms. Kelly stated that the local division will no longer exist and that her desire is to work
with the new organization.
Mayor Pro Tem Bailey commented that the O.C. Division has its own separate
legislation and as a member city, Cypress would be able to join both, one or the other,
or neither.
Ms. Kelly responded in the affirmative.
Council Member Seymore spoke of the decline in membership and the potential for an
increase in city memberships should the new organization move forward.
Council Member Mills spoke of his involvement in the O.C. Division League of California
Cities Advocacy Committee and on the Administrative Services Committee at the State
level.
Council Member Luebben asked about the City's membership in both the State League
and the O.C. Division league, and commented that City representatives may still attend
the League's annual conference at a non member rate that is not significantly higher
than the member rate.
Ms. Kelly informed of the variables between the local and state level associations.
Council Member Seymore stated that the Association of California Cities Orange
County is becoming a model for the state.
Council Member Mills commented on the force of strength of lobbying.
Mayor Narain commented on local issues versus statewide issues.
It was moved by Council Member Mills and seconded by Mayor Pro Tem Bailey, that
the City of Cypress join both the State League and the Association of California Cities
Orange County.
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
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 Bailey requested Agenda Item No. 11 be pulled from the Consent
Calendar.
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CITY COUNCIL MINUTES NOVEMBER 22, 2010
It was moved by Council Member Seymore and seconded by Council Member Mills, to
approve Consent Calendar Items No..1 through 10 and 12, 13.
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. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 8, 2010.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 8, 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: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2010-
04, AMENDING SUBPARAGRAPHS 3.15.060.F.4 AND 3.15.070 OF SECTION 15 OF
ARTICLE 3 OF THE CYPRESS ZONING ORDINANCE (APPENDIX "A" OF THE
CYPRESS CITY CODE), ADDING NEW DEFINITIONS TO SECTIONS 6.31.020
REGARDING SIGNAGE.
Recommendation: That the City Council adopt the Ordinance by title only, approving
Zoning Ordinance Amendment No. 2010 -04.
ORDINANCE NO. 1124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SUBPARAGRAPHS 3.15.060.F.4 AND
3.15.070 OF SECTION 15 OF ARTICLE 3 OF THE CYPRESS
ZONING ORDINANCE (APPENDIX "A" OF THE CYPRESS CITY
CODE), ADDING NEW DEFINITIONS TO SECTION 6.31.020
REGARDING SIGNAGE.
Item No. 4: AWARD OF LEASE FOR DIGITAL COPIERS TO KONICA MINOLTA
BUSINESS SOLUTIONS UNDER THE TERMS AND CONDITIONS OF A CALIFORNIA
MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT.
Recommendation: That the City Council: 1) Dispense with the formal bidding process
and enter into the California Multiple Award Schedule (CMAS) contract number 3-02
36-0052A that lists the terms for procuring products and services with Konica Minolta
Business Solutions; and 2) Award a 60 month lease effective January 1, 2011 through
Konica Minolta Business Solutions, 1900 S. State College Boulevard, Suite 600,
Anaheim, CA 92806 for eight (8) digital copier machines totaling approximately $3,000
per month depending on number of copies made, and includes equipment rental, tax,
service, and supplies; and 3) Accept the monthly supply and service costs for each
digital copier at the following rate:
$0.007 per copy for black and white impressions
$0.07 per copy for color impressions
All toner and staples are to be included in the service charge
Item No. 5: APPROPRIATION OF RESERVE FUND BALANCE FOR PURCHASE OF
PROMOTIONAL BANNERS.
Recommendation: That the City Council approve the appropriation of $12,000.00 from
the reserved Restricted Fund Balance for the purchase of promotional banners
(Promotional Fund) of the General Fund to Account No. 111-60199.4103_013.
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CITY COUNCIL MINUTES NOVEMBER 22, 2010 093
Item No. 6: APPROPRIATION OF FUNDS FOR THE CYPRESS CHAMBER OF
COMMERCE.
Recommendation: That the City Council approve the appropriation of $5,000 from the
Unreserved Fund balance of the City's General Fund to Account No. 111-
60199.4187_100 (Contract Services Other) to be used as seed money for the
Cypress Chamber of Commerce to upgrade and maintain their new website.
Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2010/11 OVERLAY
PROJECT, PUBLIC WORKS PROJECT NO. 2010 -13.
Recommendation: That the City Council approve the plans and specifications for the
2010/11 Overlay Project, Public Works Project No. 2010 -13.
Item No. 8: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY(OTS) TRAFFIC
GRANT.
Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS)
Grant; and 2) Increase estimated revenues (114- 50183.3525 Grants Miscellaneous)
in the FY 2010 -2011 General Fund Grants Fund for the grant total of $2,208; and 3)
Approve appropriations in FY 2010 -2011 in the General Fund Grants Fund as follows:
114-50183.4003_21 (Overtime) in the amount of $2,208.
Item No. 9: ACCEPTANCE OF THE "AVOID THE 26" OFFICE OF TRAFFIC SAFETY
(OTS) TRAFFIC GRANT AND ADOPTION OF RESOLUTION IN SUPPORT OF THE
OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY.
Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS)
Grant; and 2) Adopt the Resolution by title only, agreeing to support the grant goals in
their entirety, and 3) Increase estimated revenues (114-50183.3525 Grants
Miscellaneous) in the FY 2010 -2011 General Fund Grants Fund for the grant total of
$25,000; and 4) Approve appropriations in FY 2010 -2011 in the General Fund Grants
Fund as follows: 114-50183.4003_21 (Overtime) in the amount of $25,000.
RESOLUTION NO. 6228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING THE ACCEPTANCE OF THE "AVOID THE 26"
ORANGE COUNTY REGIONAL DUI CAMPAIGN AND
AGREEMENT WITH THE OFFICE OF TRAFFIC SAFETY GRANT
GOALS IN THEIR ENTIRETY.
Item No. 10: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY(OTS) DRIVING
UNDER THE INFLUENCE GRANT.
Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS)
Grant; and 2) Increase estimated revenues (114-50183.3525 Grants Miscellaneous)
in the FY 2010 -2011 General Fund Grants Fund for the grant total of $27,341; and 3)
Approve appropriations from the General Fund Grants Fund as follows: 114-
50183.4003_21 (Overtime) in the amount of $27,341.
Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER,
2010.
Recommendation: That the City Council receive and file the Investment Report for the
month of October, 2010.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15555 THROUGH
15747.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2010 -11.
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CITY COUNCIL MINUTES NOVEMBER 22, 2010 094
END OF CONSENT CALENDAR
Regarding Item No. 11: AWARD OF CONTRACT FOR REPLACEMENT OF
MOBILE DATA COMPUTERS. Mayer Pro Tem Bailey asked for clarification on the
cost of the mobile data computers:
The Information Systems Manager provided background information on this item.
Council Member Seymore spoke of the possibility of combining the City's purchase with
that of the Orange County Fire Authority.
Mayor Pro Tem Bailey asked for clarification of the shipping costs.
The Information Systems Manager responded that the shipping costs are all inclusive.
Council Member Luebben questioned the risk assessment for the warranty and its
value.
The Information Systems Manager commented on the damage risks of the mobile data
computers due to their portability.
The Assistant City Manager /Director of Finance and Administrative provided
clarification on the mobile data computers warranties which includes replacement costs
for the batteries, the docking station, and the personal computers.
It was moved by Council Member Seymore and seconded by Council Member Mills,
that the City Council: 1) Approve an award of contract for 30 rugged notebook
computers to DuraTech USA, Inc., 6765 Westminster Ave. #314, Westminster, CA
92683, for an amount not to exceed $208,697; and 2) Increase the appropriation in
721 95200.4304_300 by $58,697 and approve a transfer of $58,697 from Asset
Seizure funds 281-99999.4501_721 to the Capital Replacement Fund 721-
99999.3901 _281.
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
NEW BUSINESS:
Item No. 14: ANIMAL CONTROL CONCERNS ON MARION AVENUE.
The Administrative Services Manager provided background information on this item.
Ryan Drabek, O.C. Animal Care, Director, made a presentation to the City Council on
the action plan to address the concerns on Marion Avenue.
Mayor Pro Tem Bailey spoke of recent concerns raised by residents and the process of
those particular incidents.
Mr. Drabek informed that currently there are several ongoing investigations and
assured of O.C. Animal Care's involvement.
Council Member Seymore asked for clarification on the appeal process and if the dog is
quarantined during that period of time.
Mr. Drabek spoke of circumstances that may require impounding of the dog if the owner
cannot safely maintain it. He stated that restrictions are imposed unless the Superior
Court overturns the O.C. Animal Care's decision. Mr. Drabek further informed of the
permit and investigation fees.
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CITY COUNCIL MINUTES NOVEMBER 22, 2010
Council Member Luebben spoke of residents' concerns raised at the City Council
meeting of November 8, 2010, and asked about State law restrictions related to
banning the ownership of certain breeds of dogs.
The City Attorney stated that the California Health Safety Code, Section 122331, is
very specific in its prohibition on declaring a particular breed as dangerous or vicious.
He stated that the maximum regulatory authority under State law is to mandate spay
and neutering by specific breed.
Council Member Luebben asked the Chief of Police about a recent dog incident and
laws against self- defense or the Use of firearms related to such.
The Chief of Police responded that all of the factors of the incident would have to be
taken into consideration.
It was moved by Council Member Seymore and seconded by Council Member Bailey,
that the City Council receive and file this item and agendize for consideration a breed
specific spay and neutering ordinance.
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
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.
CONSENT CALENDAR
It was moved by Agency Member Seymore and seconded by Agency Vice Chair Bailey,
to approve Consent Calendar Item No. 15.
The motion was unanimously carried 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
Item No. 15: CONSIDERATION OF AMENDMENT NO. 1 TO EXTEND THE TERM OF
THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND
HABITAT FOR HUMANITY OF ORANGE COUNTY.
Recommendation: That the Cypress Redevelopment Agency "Agency approve
Amendment No. 1 to the Exclusive Negotiation Agreement between the Agency and
Habitat for Humanity of Orange County "Habitat for the Agency owned property
located at 6122 Lincoln Avenue, and authorize the Agency Executive Director to
execute the Amendment.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
Mayor Narain requested reports from the Council Members on their respective
committee assignments.
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CITY COUNCIL MINUTES NOVEMBER 22, 2010 096
Council Member Luebben:
Attended the Cypress Recreation and Park District Youth Basketball Skills Assessment.
Attended a SCAG Audit Committee meeting. Attended an O.C. Sanitation District
Steering Committee meeting and a Board of Directors meeting. Attended the Long
Beach Junior Crews Ergathon fundraiser. Expressed his condolences to former Mayor
Tim Keenan on the passing of his father.
Mayor Pro Tem Bailey:
Attended a meeting with Dr. Novak and members of the Anaheim Union High School
District. Attended a meeting at Kennedy High School regarding safety and traffic
issues. Attended a meeting with representatives of Fresh and Easy Market. Attended
an O.C. Vector Control meeting. Spoke regarding the pit bull concerns.
Council Member Mills:
Attended the Cypress /Los Alamitos Chamber of Commerce Networking Breakfast.
Attended the City of Los Alamitos' State of the City Luncheon. Attended an O.C.
Division General Business meeting and the League of California Cities and City
Selection Committee meeting. Attended an event with Assemblyman Jim Silva.
Attended a meet and greet at Cohesive Diverse Tax Mastery. Hosted the kick -off of the
SPIRIT Program. Attended a SCAG Audit Committee meeting. Attended the Buena
Park Mayor's Prayer Breakfast. Attended an OCCOG Board of Directors meeting.
Attended a Bandai Foundation charity event. Attended the Cypress Holiday Bazaar at
the Cypress Community Center. Attended Dr. Caldwell's free dentistry event. Attended
the 50 Anniversary Celebration for the City of Los Alamitos.
Council Member Seymore:
Attended the League of California Cities City Selection Committee meeting. Attended a
meeting with members of the North Orange County Community College District.
Attended a WestComm Board meeting. Attended the Buena Park Mayor's Prayer
Breakfast. Attended a Bandai Foundation charity event. Attended an OC Fire Authority
Board meeting. Attended the Cypress Holiday Bazaar at the Cypress Community
Center. Attended the Southern California Edison food bank event.
Mayor Narain:
Attended a meeting with Dr. Novak and members the Anaheim Union High School
District. Attended the Cypress /Los Alamitos Chamber of Commerce Networking
Breakfast. Attended a meeting at Kennedy High School regarding safety and traffic
issues. Attended the League of California Cities Selection Committee meeting.
Attended a meet and greet at Cohesive Diverse Tax Mastery. Attended a meeting with
representatives of Fresh and Easy Market. Attended the Cypress College Americana
Awards kickoff event. Attended the Holiday Bazaar at the Cypress Community Center.
Attended a meeting with a Cypress Boy Scout.
ITEMS FROM CITY MANAGER:
The City Manager wished the City Council, the public, and staff a Happy Thanksgiving.
He stated that this is the last full meeting that Dr. Narain will serve in the Mayoral
capacity, and thanked him for his year of service as the Mayor.
ADJOURNMENT: Mayor Narain adjourned the meeting at 9:01 p.m. to Monday,
December 13, 2010, beginning at 5:30 p.m. in the xe ive Boar Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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MAYOR O THE CITY OF CYPRESS