Minutes 2011-09-12MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 12, 2011
A regular meeting of the Cypress City Council was called to order at 7:00 p.m. by Mayor
Mills in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor /Agency Chair Leroy Mills
Mayor Pro Tem /Agency Vice Chair Todd Seymore
Council /Agency Board Member Doug Bailey
Council /Agency Board Member Phil Luebben
Council /Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez - Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Director of Finance and Administrative Services Matt Burton
Redevelopment/Economic Development Manager Bill Manis
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey.
INVOCATION: The invocation was given by Mayor Mills.
PRESENTATIONS:
The Redevelopment/Economic Development Manager provided an economic
development update for the City of Cypress, including unemployment rates, vacancy
rates, transient occupancy, sales tax, and new business license information. He discussed
activity and lease trends in the Cypress Business Park and programs being provided by
the City for business owners and the community.
Council Member Narain thanked Mr. Manis for his presentation and asked for clarification
on the effect of the vacancy rate in the business park.
The Redevelopment/Economic Development Manager stated that the vacancy rate is
constantly changing. He stated that the goal is to fill vacant space and work closely with
landlords and brokers.
Mayor Pro Tem Seymore asked if building permits are based on an annual or fiscal year
and if there is a projected business license trend for 2011 -2012.
The Redevelopment/Economic Development Manager stated that the City just started a
new fiscal year in July but it is looking strong for the current fiscal year.
Council Member Luebben asked about statistics showing vacancy rates for surrounding
communities.
The Redevelopment/Economic Development Manager stated that he can provide those
statistics.
Council Member Bailey asked about the International Conference of Shopping Centers
conference this year in San Diego and any change in trends.
CITY COUNCIL MINUTES SEPTEMBER 12, 2011
The Redevelopment/Economic Development Manager stated that multiple meetings were
held at the conference with follow up meetings to discuss potential development
opportunities. He stated that tenants are paying more and there is more ground up
development.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Mills asked anyone who wished to speak on any topic not included on the meeting
Agenda to come forward.
Mariellen Yarc, Cypress Chamber of Commerce, spoke regarding upcoming activities and
events and thanked the Council for their attendance at the Woman's Club Veterans
Appreciation Picnic.
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 Luebben and seconded by Mayor Pro Tem Seymore, to
approve Consent Calendar Items No. 1 through 6.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST
22. 2011.
Recommendation: That the City Council approve the Minutes of the Meeting of August
22, 2011, 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: PROCLAIMING THE WEEK OF SEPTEMBER 17 -23, 2011 AS
"CONSTITUTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of September 17 -23,
2011 as "Constitution Week" in the City of Cypress.
Item No. 4: APPROVAL OF FINAL TRACT MAP NO. 17390 FOR PROPERTY
LOCATED AT 6122 LINCOLN AVENUE.
Recommendation: That the City Council approve Final Tract Map No. 17390 and authorize
the City Clerk to sign the record map,
Item No. 5: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON -CALL
CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT VARIOUS
LOCATIONS, PUBLIC WORKS PROJECT NO. 2011 -15.
Recommendation: That the City Council: 1) Approve a Task Order in the amount of
$202,891, for design services for Sewer Rehabilitation at Various Locations, Public Works
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CITY COUNCIL MINUTES SEPTEMBER 12, 2011
Project No. 2011 -15, to Lee & Ro, City of Industry, California; and 2) Authorize $30,400 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. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEARS 2010 -11 AND 2011 -12 FOR WARRANTS NO. 19096 THROUGH
19287.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Years 2010 -11 and 2011 -12.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 7: 2011 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
RESOLUTIONS.
The Administrative Services Manager provided background information on this item.
Resolution No. 1
Council Member Bailey asked if there are minimum standards for posting requirements
and if a resolution was necessary.
The City Manager clarified that the League is looking for alternative means that would
eventually go to the legislature for enactment.
It was moved by Mayor Mills and seconded by Council Member Bailey, to support
Resolution No. 1.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Resolution No. 2
It was moved by Council Member Narain and seconded by Council Member Luebben, to
support Resolution No. 2.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Resolution No. 3
Council Member Luebben stated he feels the government does not need to be involved in
this and he could not support the item.
It was moved by Mayor Mills and seconded by Council Member Narain, to support
Resolution No. 3.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Seymore and Mills
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
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CITY COUNCIL MINUTES
Resolution No. 4
SEPTEMBER 12, 2011
Council Member Luebben stated that with prison crowding and costs of imprisoning in
California, he could not support this.
Mayor Pro Tem Seymore stated that with potential costs for new facilities he could not
support the item.
It was moved by Mayor Mills and seconded by Council Member Narain, to support
Resolution No. 4.
The motion passed by the following roll call vote:
AYES: 2 COUNCIL MEMBERS: Narain and Mills
NOES: 2 COUNCIL MEMBERS: Luebben and Seymore
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Bailey*
(Per Section 2 -2.20 of the Cypress Municipal Code, "abstentions shall be counted by the
city clerk as a vote in favor of the particular motion.')
Resolution No. 5
Council Member Bailey asked for clarification on the resolution.
Mayor Pro Tem Seymore commented on death penalty statistics and appeal time frames.
The City Attorney stated that the resolution takes a position of whether the State Senate
should adopt SB 490, which would put the question before the voters of California.
Mayor Mills stated that very seldom is someone executed under the death penalty in
California so there isn't much difference between maintaining and converting to life in
prison.
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, to
oppose Resolution No. 5.
The motion passed by the following roll call vote:
AYES: 2 COUNCIL MEMBERS: Luebben and Seymore
NOES: 2 COUNCIL MEMBERS: Narain and Mills
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Bailey*
(Per Section 2 -2.20 of the Cypress Municipal Code, "abstentions shall be counted by the
city clerk as a vote in favor of the particular motion.')
Resolution No. 6
It was moved by Mayor Mills and seconded by Council Member Narain, to support
Resolution No. 6.
The motion passed by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Bailey, Narain, and Mills
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Seymore*
(Per Section 2 -2.20 of the Cypress Municipal Code, "abstentions shall be counted by the
city clerk as a vote in favor of the particular motion.)
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CITY COUNCIL MINUTES SEPTEMBER 12, 2011
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 Mills requested reports from the Council Members on their respective committee
assignments.
Council Member Luebben:
Commended Jennifer Yemiko Osaki on achieving the Girl Scout Gold Award.
Mayor Pro Tem Seymore:
Attended an O.C. Fire Authority Executive Committee meeting. Attended the last Concert
on the Green. Attended the ACC -OC monthly meeting. Attended the Woman's Club
Veterans Appreciation Picnic. Attended the 9/11 memorial service at Fire Station 17.
Council Member Bailey:
Attended the Woman's Club Veterans Appreciation Picnic.
Council Member Narain:
Attended the Regional Legislative Mixer held in Stanton. Attended an O.C. Sanitation
District Board meeting. Attended the ACC -OC monthly meeting. Attended the Woman's
Club Veterans Appreciation Picnic.
Mayor Mills:
Stated that Runway 22L at the Joint Forces Training Base opened on August 27th
Attended a Regional Military Affairs Committee meeting. Attended the Regional Legislative
Mixer in Stanton. Attended the ACC -OC Legislative Committee meeting, monthly meeting,
and business meeting. Chaired the Nomination Committee proceedings for second vice
president for the League of California Cities Executive Committee. Attended the Woman's
Club Veterans Appreciation Picnic. Represented the City as a 9/11 speaker at Long Beach
Veterans Hospital.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Mills adjourned the meet
26, 2011, beginning at 5:30 p.m. in the Executive
ATTEST:
t
CITY CLERK CLERK OF THE CITY OF CYPRESS
5
8:19 p.m. t• Monday, September
Room.
AYOR • THE CITY OF CYPRESS