Minutes 2012-12-10457
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
December 10, 2012
A regular meeting of the Cypress City Council was called to order at 7:01 p.m. by Mayor
Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
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
Successor Agency Counsel Dan Slater
Assistant City Attorney Lindsay Tabaian
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
Planning Manager Doug Hawkins
Assistant Director of Finance & Administrative Services Matt Burton
Administrative Services Manager Andrew Tse
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Varsity
Scout Teams 610 and 1616.
INVOCATION: The invocation was given by Chaplain Jerry Shumard, Cypress Police
Department.
SPECIAL ORDER OF BUSINESS:
ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012.
The City Clerk provided background information on the item.
It was moved by Council Member Seymore and seconded by Mayor Bailey, that the City
Council adopt the Resolution by title only, declaring the results of the November 6, 2012
General Municipal Election.
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
RESOLUTION NO. 6341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 6, 2012,
DECLARING THE RESULT AND SUCH MATTERS
AS PROVIDED BY LAW.
CITY COUNCIL MINUTES DECEMBER 10, 2012 458
PRESENTATIONS:
The City Clerk presented Certificates of Election and administered the Loyalty Oath to
newly - elected Council Members Rob Johnson and Mariellen Yarc.
REMARKS FROM INCOMING COUNCIL MEMBERS:
Council Member Yarc thanked her family and the community for their support during her
election campaign. She spoke of improving the City's relationship with the Cypress
Chamber of Commerce.
Council Member Johnson thanked his family and friends for their support during the
campaign process, and acknowledged the local non - profit, sports, and community
organizations for their support.
CITY COUNCIL REORGANIZATION:
Mayor Bailey spoke of his service as Mayor and the successful business partnerships
and maintaining the integrity of the community during that time. He thanked his fellow
City Council Members for their support.
Mayor Bailey opened the nominations for Mayor.
Mayor Bailey moved and Council Member Johnson seconded the motion to nominate
Council Member Narain for the office of Mayor.
Council Member Narain was unanimously elected Mayor by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Johnson, Yarc, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Council Member Bailey then asked for nominations for the office of Mayor Pro Tem.
Council Member Bailey moved and Council Member Johnson seconded the motion to
nominate Council Member Mills for the office of Mayor Pro Tem.
Council Member Mills was unanimously elected Mayor Pro Tem by the following roll call
vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Johnson, Yarc, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
PRESENTATIONS:
Mayor Narain presented the Mayor's Plaque to outgoing Mayor Doug Bailey and
thanked him for his service.
Mayor Narain congratulated newly - elected City Council Members Johnson and Yarc.
He spoke of his goals as Mayor including more quality municipal services, an annual
Job Fair, and the preservation of open space. He reviewed the City Mission and Vision
Statement along with the organizational chart of the City.
Mayor Pro Tem Mills welcomed newly - elected City Council Members Johnson and
Yarc.
The meeting was recessed at 7:27 p.m.
The meeting was reconvened at 7:44 p.m.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
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CITY COUNCIL MINUTES DECEMBER 10, 2012
Mayor Narain asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Roberta O'Toole, Cypress, spoke regarding the Tanglewood North Homeowner's
Association buddy box donations at Long Beach Veterans Hospital.
Bob Youngsma, Cypress, spoke regarding recreational vehicle parking concerns.
It was the consensus of the City Council to hold a workshop at a future City Council
meeting to discuss recreational vehicle parking.
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 Bailey and seconded by Council Member Johnson, 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, Johnson, Yarc, Mills 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 26, 2012.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 26, 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: ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF
INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION
AND PARK DISTRICT.
Recommendation: That the City Council, and acting as the ex- officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title
only, adopting Conflict of Interest Codes for the City of Cypress and Cypress Recreation
and Park District, which supersede all prior Conflict of Interest Codes and amendments
previously adopted.
RESOLUTION NO. 6342
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES
ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS
PREVIOUSLY ADOPTED.
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459
CITY COUNCIL MINUTES
RESOLUTION NO. 6343
DECEMBER 10, 2012 460
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE
CITY OF CYPRESS, ADOPTING A CONFLICT OF INTEREST CODE
WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES
AND AMENDMENTS PREVIOUSLY ADOPTED.
Item No. 4: AWARD OF LEASE FOR PRODUCTION LEVEL 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, 2013 through
Konica Minolta Business Solutions, 1900 S. State College Blvd., Suite 600, Anaheim, CA
92806 for two (2) production level digital copier machines totaling approximately $1,800
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:
C6000L Production Color Press:
$0.0100 per copy for black and white impressions
$0.0550 per copy for color impressions
All toner and staples are to be included in the service charge
951 Production Black and White Press:
$0.0045 per copy for black and white impressions
All toner and staples are to be included in the service charge
Item No. 5: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 24273 THROUGH
24416.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2012 -13.
Recreation and Park District Matters:
Item No. 6: ACCEPTANCE OF SENIOR CENTER DONATION AND
APPROPRIATION OF $750 FOR THE PURCHASE OF A TELEVISION AND
TELEVISION MOUNT TO ENHANCE THE SENIOR CENTER FACILITY AND
CLASSES.
Recommendation: That the City Council, acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Formally accept the donation in
the amount of $750 from Carole Fujishiro - Fukuroku; and 2) Increase estimated revenue
in 212 - 99999.3713 (Donations) by $750 and increase appropriations by $750 to 212-
90317 -4113 (Small Tools — Senior Activities) for the purchase of a 42 inch television and
television mount for the Senior Center.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 7: APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS
ORGANIZATIONS AND COMMITTEES.
Mayor Narain made the following committee appointments:
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CITY COUNCIL MINUTES
COMPENSATED:
Orange County Fire Authority
(Meets 4th Thursday of the month at 6:30 p.m. -
1 Fire Authority Road, Irvine; $100 /mtg.)
Orange County Sanitation District
(Meets 4th Wednesday of the
month at 7 p.m. — 10844 Ellis Avenue,
Fountain Valley; $212.50/mtg.)
Orange County Vector Control
(Meets 3rd Thursday of the month at
3:00 p.m. — 13001 Garden Grove
Blvd., Garden Grove; $100 /mtg.)
NON - COMPENSATED:
Joint Communications Center Executive Board
(Meets quarterly or as needed — West -Comm,
911 Seal Beach Boulevard, Seal Beach)
League of California Cities Orange County Division
(Meets 2nd Thursday of the month — 6:45 p.m.)
League of California Cities
Legislative Delegate Program
League of California Cities Orange
County City Selection Committee
(Meets prior to Division General Meeting at 5:30 p.m.
Orange County Council of Governments -
General Assembly
(Annual Conference date to be determined)
Orange County Library Advisory Board
(Meets as needed — Tustin Branch
Library, 345 E. Main Street, Tustin)
Orange County Transportation Authority
West Cities Rail Study Policy Committee
(Meets as needed)
Santa Ana River Flood Protection Agency
(Meets 4th Thursday of odd - numbered months
at 4 p.m. — O.C. Water District,
18700 Ward Street, Fountain Valley)
Traffic Signal Coordination Committee
(Meets annually or semi - annually as needed)
VOLUNTEER ASSIGNMENTS:
Business Retention, Attraction, Creation,
and Expansion Committee (BRACE)
(Meets as needed)
City /Cypress School District Joint
Steering Ad Hoc Committee
(Meets as needed)
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DECEMBER 10, 2012 461
Rob Johnson — Representative
Doug Bailey — Alternate
Prakash Narain — Representative
Doug Bailey — Alternate
Doug Bailey - Representative
(Two Year Appointment)
Mariellen Yarc — Representative
Leroy Mills - Alternate
Prakash Narain — Representative
Leroy Mills - Alternate
Prakash Narain — Representative
Leroy Mills — Alternate
Prakash Narain - Representative
Leroy Mills — 1st Alternate
Prakash Narain — Representative
Leroy Mills — Alternate
Mariellen Yarc — Representative
Prakash Narain — Alternate
Rob Johnson — Representative
Leroy Mills — Alternate
Mariellen Yarc — Representative
Leroy Mills - Alternate
Rob Johnson — Representative
Prakash Narain — Alternate
Doug Bailey
Prakash Narain
Doug Bailey
Prakash Narain
CITY COUNCIL MINUTES
City /Anaheim Union High School
District Joint Steering Ad Hoc Committee
(Meets as needed)
Joint Forces Training Base Cities Group
(Meets as needed)
Doug Bailey
Prakash Narain
Leroy Mills
Doug Bailey
DECEMBER 10, 2012 462
It was moved by Mayor Narain and seconded by Council Member Bailey, that the City
Council: 1) Confirm the Mayor's appointments to the various organizations and
committees; and 2) Adopt the Resolution by title only, approving the appointment of a
Director and Alternate to the Orange County Fire Authority Board of Directors.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Johnson, Yarc, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE
AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S
BOARD OF DIRECTORS.
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 Narain requested reports from the Council Members on their respective
committee assignments.
Mayor Narain:
Attended the Los Alamitos State of the City luncheon. Attended an O.C. Sanitation
District meeting. Attended a Christmas celebration at the Church of Jesus Christ of
Latter -day Saints. Attended the Cypress Chamber of Commerce Holiday
Extravaganza.
Mayor Pro Tem Mills:
Attended the Los Alamitos State of the City luncheon. Attended the farewell reception
for the City of Irvine Mayor. Attended the memorial service for Richard Anderson.
Attended the SCAG 2012 reception and Economic Summit in downtown Los Angeles.
Attended the AQMD plan adoption.
Council Member Johnson:
Attended the memorial service for Richard Anderson. Attended the Tanglewood North
Homeowner's Association buddy box donations at Long Beach Veterans Hospital.
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CITY COUNCIL MINUTES DECEMBER 10, 2012 463
Attended a Municipal Water District of O.C. meeting. Met with mobile home
representatives. Attended the Gift of History event at Angel's Stadium.
Council Member Yarc:
Attended the Tanglewood North Homeowner's Association buddy box donations at
Long Beach Veterans Hospital. Attended the Bandai Foundation donation ceremony.
Attended the Cypress Chamber of Commerce Holiday Extravaganza.
ITEMS FROM CITY MANAGER:
No report.
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(e), Number of Cases: One.
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 Number 241 - 056 -01, Located at
5400 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and
Terms of Payment.
At 8:12 p.m., the Mayor recessed the meeting to Closed Session.
At 8:45 p.m. the meeting was reconvened.
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 — Anticipated Litigation, pursuant to Government Code
Section 54956.9(e), Number of Cases: One. He stated that special counsel briefed the
City Council on the facts and circumstances that would exist that would require the filing
of litigation. He indicated that the City Council unanimously authorized special counsel
that, upon an unfavorable ruling of the Department of Finance of the State of California,
the litigation challenging the administrative determination should be filed.
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 Number 241 - 056 -01, Located at 5400 Myra
Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of
Payment. He stated that the City Attorney's office briefed the City Council on potential
issues related to such negotiation, reviewed with the City Council its legal rights and
obligations regarding the same, and requested negotiating authority in further
conversations with the Cypress School District. He indicated that the City Council
unanimously granted such authority requesting that staff and the City Attorney provide a
further report on ongoing negotiations as and when appropriate.
No other action was taken in Closed Session, nor was any solicited.
ADJOURNMENT: Mayor Narain adjourned the me in memory of Lexington Junior
High School teacher Richard Barrington at 8:48 p.m. t Monday, January 14, 2013,
beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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