Minutes 2013-02-25029
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 25, 2013
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Marielien Yarc
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Public Works Director Doug Dancs
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(d)(2), Number of Cases: One.
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(d)(1), Kern v. City of Cypress, Case Number 30- 2012 - 00563519,
Orange County Superior Court.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Performance Evaluation, pursuant to Government Code
Section 54957, Title: City Manager.
At 5:32 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 Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Marielien Yarc
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Lieutenant Steven Ramsey
Assistant Finance Director Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
CITY COUNCIL MINUTES FEBRUARY 25, 2013 030
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Mills.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Jared Dever, O.C. Vector Control District, made a presentation regarding issues
affecting the County.
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(d)(2), Number of Cases: One. He stated that a privileged and
confidential briefing was provided on the litigation /litigation avoidance options, and that
the City Council unanimously directed to pursue a litigation avoidance strategy. He
stated that the City Attorney's Office would report back to the City Council at a future
City Council meeting only if the litigation avoidance strategy is unsuccessful.
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(d)(1), Kern v. City of Cypress, Case Number 30- 2012 - 00563519,
Orange County Superior Court. He stated that the Assistant City Attorney briefed the
City Council on the terms and conditions under which a believed mutual settlement of
the underlying complaint against the City of Cypress could be reached. He stated that
the terms and conditions of that settlement were reviewed with the City Council, and
that the City Council unanimously authorized its approval subject to being confirmed in
a written settlement agreement executed by all of the parties.
The City Attorney reported that the City Council met in Closed Session regarding Public
Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:
City Manager. He stated that the City Council began its annual performance evaluation
for the City Manager and that due to having two newly elected City Council Members,
the City Council unanimously agreed to suspend the annual performance evaluation for
a period of six months and commence the process in June 2013.
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.
Shelley Henderson, Cypress Community Festival, provided an update and encouraged
volunteers for the event.
George O'Hara, Cypress Chamber of Commerce, provided an update on upcoming
events and activities.
Matthew Romesburg questioned the City Council's position on Proposition 8.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
2
CITY COUNCIL MINUTES FEBRUARY 25, 2013 031
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 Mayor Pro Tem Mills and seconded by Council Member Johnson, to
approve Consent Calendar Items No. 1 through 7, with Items No. 3 and 4 as amended.
Council Member Yarc stated she would be abstaining from Agenda Item No. 4 due to
the proximity of her home to the project area.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, 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
FEBRUARY 11, 2013.
Recommendation: That the City Council approve the Minutes of the Meeting of
February 11, 2013, 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: APPROVAL OF COOPERATIVE AGREEMENT NO. 2013 -01 BETWEEN
THE CITIES OF CYPRESS, BUENA PARK, AND THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION (CALTRANS) FOR IMPLEMENTATION OF THE VALLEY
VIEW STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT AS FUNDED AS
PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM (TSSP), PROJECT P.
Recommendation: That the City Council approve Cooperative Agreement No. 2013 -01
for the Valley View Street TSSP Project and authorize the Mayor to execute the
agreement on behalf of the City, as amended to correctly reflect the signature of Mayor
Prakash Narain, M.D.
Item No. 4: ACCEPTANCE OF SEWER REPLACEMENT ON EDGEMONT CIRCLE,
PUBLIC WORKS PROJECT NO. 68.
Recommendation: That the City Council: 1) Accept the Sewer Replacement on
Edgemont Circle, Public Works Project No. 68, as being satisfactorily completed in
conformance with the project specifications, in the final amount of $133,848.27; and 2)
Approve the final retention payment of $4,170.25 to Mike Prlich & Sons, Inc., Baldwin
Park, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond
and the Faithful Performance Bond upon expiration of the required lien period, if no
claims or objections have been filed, upon concurrence of the Director of Public Works,
as amended to correctly reflect the amount of $133,847.27, with Council Member Yarc
abstaining due to the proximity of her home to the project area.
Item No. 5: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF
CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2012.
Recommendation: That the City Council receive and file the Single Audit Report of the
City of Cypress for the Fiscal Year Ended June 30, 2012.
Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY,
2013.
Recommendation: That the City Council receive and file the Investment Report for the
month of January, 2013.
3
CITY COUNCIL MINUTES FEBRUARY 25, 2013 032
Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 24986 THROUGH
25165.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2012 -13.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 8: CONSIDERATION OF POSTING RECIPIENT COMMITTEE CAMPAIGN
STATEMENTS (FORM 460) ON THE CITY'S WEBSITE.
The City Clerk provided background information on this item.
Council Member Yarc asked if unredacted copies of the Form 460 are available to the
public and /or press in the City Clerk's Office, and asked if the current practice is in
compliance with the Fair Political Practices Commission (FPPC).
The City Clerk responded in the affirmative.
Mayor Narain stated that he would concur with Option #2 on the Agenda Report which
would be for the purchase of an additional license with a redaction component for
scanned documents at a cost of $200.
Council Member Yarc stated that the current practice is effective and in compliance with
transparency requirements. She spoke of concerns related to internet posting of
private donors' information and the ease of requesting the information from the City
Clerk's Office. She stated that she would recommend that the process not change.
Council Member Johnson stated that he concurred with Council Member Yarc, and
commented that the costs could be better used elsewhere.
Mayor Narain commented that the costs are minimal and that the information would be
more accessible via the internet.
Council Member Bailey commented that that he terminated his committee and no
longer files a Form 460. He stated that the internet could be used for both good and
bad, and that he would support not changing the process.
It was moved by Mayor Narain and seconded by Mayor Pro Tem Mills, that the City
Council direct staff to post Recipient Committee Campaign Statements (Form 460) on
the City's website.
A substitute motion was made by Council Member Johnson and seconded by Council
Member Yarc to maintain the current practice of providing the information upon request.
The substitute motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Yarc, Johnson and Bailey
NOES: 2 COUNCIL MEMBERS: Mills and Narain
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 9: ADOPTION OF FIRST AMENDMENT TO FACILITIES USE
AGREEMENT WITH CYPRESS SCHOOL DISTRICT.
The Recreation and Community Services Director provided background information on
this item.
Council Member Yarc asked if the 180 day termination clause hampers staff's planning
abilities.
4
CITY COUNCIL MINUTES FEBRUARY 25, 2013 033
The Recreation and Community Services Director responded that the amended
termination clause would not impair staff's planning abilities, as the activity registration
processes are done far enough in advance to allow for proper notifications and /or
modifications.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Johnson, that
the City Council, acting as the ex- officio Board of Directors for the Cypress Recreation
and Park District, approve the proposed First Amendment to Facilities Use Agreement
with Cypress School District.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 10: ADOPTION OF FIRST AMENDMENT TO THE AGREEMENT FOR USE
OF COMMUNITY PARK AT DAMRON SCHOOL SITE.
The Recreation and Community Services Director provided background information on
this item.
It was moved by Council Member Bailey and seconded by Council Member Johnson,
that the City Council, acting as the ex- officio Board of Directors for the Cypress
Recreation and Park District, approve the proposed First Amendment to Agreement for
Use of Community Park at Damron School Site.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills 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.
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.
Council Member Johnson:
Attended the Cypress Chamber of Commerce Board of Directors meeting. Completed
NIMS training at the Cypress Police Department. Attended Cypress Pony /Colt Baseball
opening night ceremonies. Attended opening day ceremonies for Cypress Pony Youth
Baseball. Attended the Cypress College Americana Awards. Thanked members of
Cypress Church for their recent clean -up efforts in the community.
5
CITY COUNCIL MINUTES FEBRUARY 25, 2013 034
Mayor Pro Tem Mills:
Attended the final High Speed Rail Subcommittee meeting. Attended an ACC -OC
Legislative and Regulatory Committee meeting. Attended the Cypress College
Americana Awards. Spoke regarding opting out of the advanced meter from Southern
California Gas Company.
Council Member Yarc:
Attended the Cypress Chamber of Commerce Networking Breakfast. Attended the
Woman's Club of Cypress Annual Tea. Attended an Oversight Board meeting. Met
with Cypress School District Superintendent Beverly Hempstead. Attended a West -
Comm Board meeting. Attended the Cypress Chamber of Commerce Board of
Directors meeting. Completed NIMS training at the Cypress Police Department.
Attended the California Federation of Women's Club Orange District arts festival.
Attended the Soroptimist of Cypress annual fundraiser. Attended a Catholic Charities
fundraiser. Attended the Cypress College Americana Awards.
Council Member Bailey:
Attended an Oversight Board meeting. Attended an O.C. Vector Control District
meeting. Attended a City /Cypress School District Joint Steering Ad Hoc Committee
meeting. Attended opening day ceremonies for Cypress Pony Youth Baseball.
Mayor Narain:
Attended the Cypress Chamber of Commerce Networking Breakfast. Attended the
Woman's Club of Cypress Annual Tea. Attended the City /Cypress School District Joint
Steering Ad Hoc Committee meeting. Attended an O.C. Sanitation District
Administrative Committee meeting. Attended the Cypress College Americana Awards.
ITEMS FROM CITY MANAGER:
The City Manager stated there will be a City Council workshop on March 25, 2013 with
the Cypress School District to discuss a possible election regarding Measure D.
ADJOURNMENT: Mayor Narain adjourned the meeting at 8:01 p.m. to Monday, March
11, 2013, beginning at 5:30 p.m. in the Executive Board -RQom.
ATTEST:
OL '1Y)
CITY CLERK OF THE CITY OF CYPRESS
6
MAYOR F THE CITY OF CY ESS