Minutes 2012-06-25MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 25, 2012
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
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Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Danes
Planning Manager Doug Hawkins
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Numbers 241 - 091 -22 through 26,
Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and
Winners Circle, Party Negotiating With: Lewis Operating Corporation, Negotiating
Party: City Manager and Director of Public Works, Under Negotiation: Price and Terms
of Payment.
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 and Richard Storey, Employee
Groups: Police Management Association, Mid - Management, Non - Represented.
The City Attorney reported that the City of Cypress /Successor Agency would be
meeting in Closed Session regarding Conference with Legal Counsel — Anticipated
Litigation, pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c),
Number of Cases: One.
At 6:02 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 7:07 p.m. by
Mayor Bailey.
Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
CITY COUNCIL MINUTES JUNE 25, 2012 374
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 Finance Director Matt Burton
Planning Manager Doug Hawkins
Human Resources Manager Cathy Thompson
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Mayor recognized and presented a Certificate of Appreciation to outgoing
Recreation & Community Services Commissioner Carlos Ramirez.
The Mayor recognized and presented Certificates of Appointment to the following
newly- appointed Commissioners and the Loyalty Oath of Office was administered to:
Stacy Berry and Marie Chance, Senior Citizens Commission.
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 Real Property Negotiators, pursuant to Government Code Section
54956.8, Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive,
13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle,
Party Negotiating With: Lewis Operating Corporation, Negotiating Party: City Manager
and Director of Public Works, Under Negotiation: Price and Terms of Payment. He
stated that staff and legal counsel reviewed with the City Council the potential terms
and conditions of an Exclusive Negotiation Agreement and that the City Council
unanimously authorized the circulation of the Exclusive Negotiation Agreement.
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 and Richard Storey, Employee Groups: Police
Management Association, Mid - Management, Non - Represented. He stated that the City
Council reviewed the Police Management Association's initial proposal and authorized
their negotiators to make a responding proposal and authorized their labor negotiations
to make initial proposals with the Mid - Management and Non - Represented employee
groups.
The City Attorney reported that the City of Cypress /Successor Agency met in Closed
Session regarding Conference with Legal Counsel — Anticipated Litigation, pursuant to
Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c), Number of Cases: One.
He stated that no decision was made at this time and that this item will be brought back
to the next City of Cypress /Successor Agency meeting for a final determination.
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.
Mariellen Yarc, Cypress Chamber of Commerce, spoke regarding upcoming activities
and events.
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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 Council Member Mills, to
approve Consent Calendar Items No. 1 through 13.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE
11. 2012.
Recommendation: That the City Council approve the Minutes of the Meeting of June
11, 2012, 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 MONTH OF JULY 2012 AS "PARKS AND
RECREATION MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the month of July 2012 as
"Parks and Recreation Month" in the City of Cypress.
Item No. 4: ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL
MUNICIPAL ELECTION ON NOVEMBER 6, 2012.
Recommendation: That the City Council adopt the Resolutions by title only, calling and
giving notice of the holding of a General Municipal Election to be held on Tuesday,
November 6, 2012, for the election of certain officers as required by the provisions of the
City Charter, and requesting the Board of Supervisors of the County of Orange to
consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with
the Statewide General Election to be held on the same date pursuant to Section 10403 of
the Elections Code.
RESOLUTION NO. 6318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.
RESOLUTION NO. 6319
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2012, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
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CITY COUNCIL MINUTES JUNE 25, 2012
Item No. 5: APPROVAL OF FINAL TRACT MAP NO. 17421. PROPERTY LOCATED
AT MOODY STREET AND ORANGE AVENUE.
Recommendation: That the City Council approve Final Tract Map No. 17421 and
authorize the City Clerk to sign the record map.
Item No. 6: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12
SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72.
Recommendation: That the City Council: 1) Award a contract for the 2011/12 Slurry
Seal Project, Public Works Project No. 72, in the amount of $1,718,449, to the lowest
responsible bidder All American Asphalt, Corona, California; authorize a contingency of
$257,768 (15% of Bid Amount); and direct the Director of Public Works /City Engineer to
issue any necessary change orders to complete additional work within budgetary
authority; and 2) Approve a Task Order for Construction Management and Inspection
Services, in the amount of $173,150, within the existing agreement for On -Call
Construction Management/Inspection /Engineering Services, for 2011/12 Slurry Seal
Project, Public Works Project No. 72, to Vali Cooper and Associates, Inc. (Vali Cooper);
authorize a contingency of $25,973 (15% of contract amount) to be used for unforeseen
work; and direct the Director of Public Works /City Engineer to act as Contract Officer.
Item No. 7: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION MANAGEMENT /ENGINEERING SUPPORT/TESTING
AND INSPECTION SERVICES FOR THE MYRA AVENUE STORM DRAIN (SD2)
PROJECT, PUBLIC WORKS PROJECT NO. 84.
Recommendation: That the City Council: 1) Award a contract for the Myra Avenue
Storm Drain (SD2) Project, Public Works Project No. 84, in the amount of $3,473,099, to
the lowest responsible bidder Palp Inc., DBA Excel Paving Co., Long Beach, California;
authorize a contingency of $520,965 (15% of Bid Amount); and direct the Director of
Public Works /City Engineer to issue any necessary change orders to complete additional
work within budgetary authority; and 2) Approve a Task Order for Construction
Management and Inspection Services, in the amount of $274,382, within the existing on-
call agreement for Construction Management/Engineering Support/Testing and
Inspection Services, for Myra Avenue Storm Drain (SD2) Project, Public Works Project
No. 84, to AKM Consulting Engineers (AKM); authorize a contingency of $41,158 (15% of
contract amount) to be used for unforeseen work; and direct the Director of Public
Works /City Engineer to act as Contract Officer.
Item No. 8: APPROPRIATION OF FUNDS FROM THE EQUIPMENT
REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE
PURCHASE OF THE TASER X26 AND TASER CARTRIDGES.
Recommendation: That the City Council: 1) Approve the appropriation of $31,256 to
account number 281 - 50179.4113 (Small Tools and Equipment) from the Narcotics Asset
Seizure Fund (281) fund balance for the purchase of thirty -three (33) TASER X26
Electronic Control Devices (ECD) and one - hundred (100) TASER cartridges; and 2)
Award a contract to TASER International, Inc., 17800 N. 85th Street, Scottsdale, AZ
85255, in the amount of $31,256 for the purchase of thirty -three (33) TASER X26
Electronic Control Devices and one - hundred (100) TASER cartridges; and 3) Make a
finding, pursuant to Cypress Municipal Code § 21A- 10(f), that it is in the best interest of
the City to dispense with bidding of this purchase because, pursuant to Cypress Municipal
Code § 21A -18, there exists a situation where procurement of the TASER X26 and
TASER cartridges are obtainable only from TASER International, Inc. for its proprietary
software and hardware that meet system requirements.
Item No. 9: APPROVAL OF AN AGREEMENT TO PARTICIPATE IN ALERTOC — A
COUNTYWIDE, EMERGENCY PUBLIC MASS NOTIFICATION SYSTEM.
Recommendation: That the City Council: 1) Approve an agreement with the County of
Orange for the period of July 1, 2012 to June 30, 2013, authorizing the City of Cypress to
utilize the County's Mass Notification System, known as AIertOC; and 2) Grant authority
to the positions of City Manager, Finance Director or Police Chief for and on behalf of the
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CITY COUNCIL MINUTES JUNE 25, 2012 377
City of Cypress to annually execute the agreement with the County as it approaches the
renewal date.
Item No. 10: ADOPTION OF A RESOLUTION AMENDING THE PART -TIME PAY
SCHEDULE TO INCLUDE DEPARTMENT DIRECTOR (TEMPORARY PART - TIME).
Recommendation: That the City Council and acting as Ex- Officio Governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
amending Resolution No. 6045 to include the classification of Department Director
(Temporary Part- Time).
RESOLUTION NO. 6320
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 THE
TEMPORARY PART -TIME CLASSIFICATION OF DEPARTMENT
DIRECTOR AND ADDING THE POSITION TO THE TEMPORARY
PART -TIME AND SEASONAL EMPLOYEES HOURLY PAY
RANGE SCHEDULE.
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2012.
Recommendation: That the City Council receive and file the Investment Report for the
month of May, 2012.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 22411 THROUGH
22555.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2011 -12.
Recreation and Park District Matters:
Item No. 13: APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE JOINT
FORCES TRAINING BASE FOR THE 2012 4TH OF JULY EVENT.
Recommendation: That the City Council, acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District, approve a Memorandum of
Agreement with the Joint Forces Training Base for the 2012 4th of July Event.
END OF CONSENT CALENDAR
Mayor Bailey stated he was moving Agenda Item No. 14 to New Business.
NEW BUSINESS:
Item No. 14: CONSIDERATION OF SUBMITTAL OF A LETTER OF OPPOSITION TO
AB 904 (SKINNER) — LOCAL PLANNING. (Council Member Mills)
The Administrative Services Manager provided background information on this item.
Council Member Seymore asked who the letter of opposition would be sent to.
The Administrative Services Manager stated that the letter of opposition would be sent
to Assembly Member Nancy Skinner as well as the local representatives for the City of
Cypress.
It was moved by Council Member Mills and seconded by Council Member Seymore, to
submit a Letter of Opposition to AB 904 (Skinner) — Local Planning.
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CITY COUNCIL MINUTES JUNE 25, 2012 378
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
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.
SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS:
The Cypress City Council, Acting as the Successor Agency to 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.
Mayor Pro Tem Narain:
Attended an O.C. Sanitation District Administrative Committee meeting. Attended the
Cypress Chamber of Commerce Business Awards and Installation dinner. Asked the
Public Works Director about pedestrian crosswalk flashing beacons, as discussed by
the Cypress Traffic Commission.
The Public Works Director stated that as part of the Traffic Engineering Manual
mandated by the State, pedestrian crosswalk flashing beacons are an acceptable traffic
control device that can be used in the City and is being looked at on a pilot program
basis. He indicated that it would be a flashing light on top of the crosswalk sign.
Council Member Seymore asked if consideration has been given to flashing beacons in
the crosswalk in the road.
The Public Works Director indicated the pros and cons associated with the beacons in
the road and stated that at this time, consideration is only being given to flashing
beacons on top of crosswalk signs.
Council Member Seymore:
Attended the Concert on the Green.
Council Member Mills:
Attended a meeting with staff and representatives of the District Attorney's Office
regarding the City's sex offender restrictions ordinance. Attended the CREW meeting
at the Cypress Community Center. Met with Tony Cardenas of the O.C. League of
California Cities. Attended a graduation for the military police class at the Joint Forces
Training Base. Attended the Cypress Chamber of Commerce Business Awards and
Installation dinner.
Mayor Bailey:
Attended a meeting with staff and representatives of the District Attorney's Office
regarding the City's sex offender restrictions ordinance. Attended an O.C. Vector
Control meeting.
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CITY COUNCIL MINUTES
Council Member Luebben:
Spoke regarding issues at the Goodwill drop -off location at the Los Alamitos Race
Track and asked that staff look into the matter.
ITEMS FROM CITY MANAGER:
No items.
JUNE 25, 2012 379
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:35 p.m. to Monday, July 9,
2012, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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MA
OF CYPRESS