MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MARCH 11, 2013

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 Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson

Members absent:
Council Member Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Public Works Director Doug Dancs
Police Chief Jackie Gomez-Whiteley

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(a), Richard Linnington and Michelle Moreno v. City of Cypress, Case Number SACV 13-00065 CJC (MLGx), U.S. District Court, Central District of California, Southern Division. 

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 7:04 p.m. by Mayor Narain.

Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson

Members absent:
Council Member Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
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
Planning Manager Doug Hawkins
Recreation Superintendent Dena Diggins
Associate Planner Kori Nevarez
Recreation Supervisor Jenni Worsham
Recreation Supervisor Kristina Freeman
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Johnson.

INVOCATION:  The invocation was given by Mayor Narain.

PRESENTATIONS:

Dave Simpson, Orange County Transportation Authority, made a presentation regarding the Measure M2 Program and the benefits received by the City of Cypress.

Debra Russell, Signal Hill Petroleum, made a presentation regarding the West Orange County Geophysical Survey that will be held in various cities in Orange County.

Council Member Bailey asked about the traffic impacts.

Ms. Russell responded that the City would be provided with a traffic control management plan.  She indicated that the trucks would be driven in the center lane of traffic and that there would be police escorts as well as “vibe shepards” who would be reactive should traffic congestion be of concern.  She stated that there would be 80 vibe points per day and that Cypress’ testing would take approximately 7-8 days. 

The Public Works Director stated that staff would work closely with Signal Hill Petroleum in regard to traffic mitigation and minimal disruption to landscaping. 

Mayor Pro Tem Mills asked about the seismic imaging process. 

Ms. Russell replied that there would be a safe vibration, not pounding, onto the ground and that it would not cause structural damage. 

Mayor Pro Tem Mills spoke of the high-quality of the City streets, and asked if Signal Hill Petroleum accepts full legal liability for the project. 

Ms. Russell responded in the affirmative. 

Mayor Pro Tem Mills asked if there would be nighttime work and if there are concerns with sinkholes.  He asked what the worst case scenario may be as a result of this project.

Ms. Russell stated that the surveying would be done between 9:00 a.m. and 3:00 p.m., and that her company would be diligent in meeting with City staff to determine issues and/or concerns of possible sinkhole areas.  She stated that the worst case scenario could be the effects of the vibration on the underground utilities. 

Council Member Johnson asked about the notification process.

Ms. Russell stated that there would be website information and a brochure outlining frequently asked questions. 

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 on facts and circumstances which could give rise to the initiation of litigation was held.  He stated that the City Council unanimously authorized staff and the City Attorney’s Office to proceed with a code enforcement action. 

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(a), Richard Linnington and Michelle Moreno v. City of Cypress, Case Number SACV 13-00065 CJC (MLGx), U.S. District Court, Central District of California, Southern Division.  He stated that an opposition prepared in defense of the City’s newly enacted Registered Sex Offenders Ordinance, that was filed in the District court today, was distributed.  He stated that a privileged and confidential briefing was provided and that no reportable action was taken nor was any solicited.  He stated that a hearing regarding this matter would be held at the end of March. 

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.

Bob Youngsma, Cypress, spoke regarding an additional City Council workshop to discuss the parking of a recreational vehicle on his property.

The City Attorney responded that the matter has been referred to Code Enforcement and that there would be no further workshop.

George O’Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

Item No. 1:   PUBLIC HEARING REGARDING AMENDMENTS TO CONDITIONAL USE PERMIT NO. 2012-02 AND TENTATIVE TRACT MAP NO. 17442, A REQUEST TO COMBINE TWO LOTS INTO A ONE-LOT SUBDIVISION AND TO CONSTRUCT 15 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6151-6161 ORANGE AVENUE IN THE RM-20/CC RESIDENTIAL MULTIPLE-FAMILY AND CIVIC CENTER OVERLAY ZONE.

The Associate Planner provided background information on this item.

Mayor Pro Tem Mills asked where the mailboxes would be located for the project.

The public hearing was opened.

The applicant, Chirag Desai, Desai Construction, stated that they agreed with the conditions of approval and that they would work with the post office on the location of the mailboxes.

Mayor Pro Tem Mills spoke in support of the applicant acquiring both lots, and stated that the project would be highly functional and aesthetically pleasing to the City.

Council Member Bailey stated that he feels that the project would complement the neighborhood.

Council Member Johnson thanked the applicant for consideration of the additional parking.

Mayor Narain asked if there was anyone who wished to speak in favor of the item.

Mayor Narain asked if there was anyone who wished to speak against the item.

The public hearing was closed.

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council adopt the Resolutions by title only, approving the Amendments to Conditional Use Permit No. 2012-02 and Tentative Tract Map No. 17442, subject to the conditions in Exhibit “A” of the Resolutions.

The motion was unanimously carried by the following roll call vote:

AYES:        4    COUNCIL MEMBERS:   Johnson, Bailey, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Yarc

RESOLUTION NO. 6353

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2012-02 – WITH CONDITIONS.

RESOLUTION NO. 6354

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP
NO. 17442 – WITH CONDITIONS.

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. 2 through 7.

The motion was unanimously carried by the following roll call vote:

AYES:        4    COUNCIL MEMBERS:   Johnson, Bailey, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Yarc

Item No. 2:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 25, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of February 25, 2013, as submitted.

Item No. 3:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 4:   APPROVAL OF PLANS AND SPECIFICATIONS FOR FISCAL YEAR 2012-13 RESIDENTIAL STREET REHABILITATION PROJECT, PUBLIC WORKS PROJECT NO. 95.

Recommendation:   That the City Council approve the plans and specifications for Fiscal Year 2012-13 Residential Street Rehabilitation Project, Public Works Project No. 95.

Item No. 5:   ACCEPTANCE OF THE URBAN AREA SECURITY INITIATIVE (UASI) SUB-RECIPIENT AGREEMENT AND APPROPRIATION OF GRANT FUNDS.

Recommendation:   That the City Council: 1) Accept the FY 2012 Urban Area Security Initiative (UASI) sub-recipient agreement; and 2) Grant signature authority to the positions of City Manager, Finance Director, or Police Chief to execute such application(s) as may be necessary to obtain the FY 2012 Urban Area Security Initiative grant funds; and 3) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the General Fund Grants Fund for Fiscal Year 2012-2013 in the amount of $10,916; and 4) Approve the following appropriations in the General Fund Grants Fund for Fiscal Year 2012-2013 as follows: 114-50183.4003_014 (Overtime) - $10,916.

Item No. 6:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 25166 THROUGH 25312.

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. 7:   APPROVAL OF A THREE YEAR AGREEMENT WITH TWO ONE-YEAR RENEWAL OPTIONS FOR THE DESIGN/LAYOUT AND PRINTING OF THE QUARTERLY CYPRESS ACTIVITY BROCHURE AND CITY NEWS.

Recommendation:   That the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District: 1) Approve a three-year agreement with two one-year renewal options with Weidenhoefer Design Studio for design and layout of the quarterly Cypress Activity Brochure and City News.  The agreement is not to exceed $31,095 for the first three years, and a provision allowing for consideration of an overall increase in cost not to exceed 5% of the annual contract cost for optional years four and five, and is applicable only to each of the renewal periods, with the contractor providing proper documentation substantiating the need to cover increased operating costs.  The agreement is not to exceed $22,311 for the fourth and fifth years combined, and $53,406 over a five year period.  This is not a taxable service; and 2) Approve a three-year agreement with two one-year renewal options with Westminster Press for printing of the quarterly Cypress Activity Brochure and City News.  This agreement is not to exceed $65,989 for the first three years, and a provision allowing for consideration of an overall increase in cost not to exceed 5% of the annual contract cost for optional years four and five, and is applicable only to each of the renewal periods, with the contractor providing proper documentation substantiating the need to cover increased operating costs.  The agreement is not to exceed $47,347 for the fourth and fifth years combined, and $113,336 over a five year period.  Tax is included in these totals.

END OF CONSENT CALENDAR

NEW BUSINESS:

No items.

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 MATTERSThe 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 an O.C. Fire Authority Board of Directors meeting.  Attended the United Nations Agenda 21 seminar.  Congratulated Police Chief Gomez-Whiteley on being named to Metro Magazine’s annual 20 Women to Watch list. 

Mayor Pro Tem Mills:

Attended an OCCOG Board of Directors meeting.  Attended a SCAG Audit Committee meeting.  Attended SCAG Transportation and Regional Council meetings.  Attended Metro Magazine’s annual 20 Women to Watch luncheon. 

Council Member Bailey:

Congratulated Police Chief Gomez-Whiteley on being named to Metro Magazine’s annual 20 Women to Watch list.  Attended a City/Anaheim Union High School District Joint Steering Ad Hoc Committee meeting.

Mayor Narain:

Attended an O.C. Sanitation District Board meeting.  Attended a City/Anaheim Union High School District Joint Steering Ad Hoc Committee meeting.  Toured Cypress High School and congratulated Dr. Carpenter on the Academic Performance Index score of the school. 

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Narain adjourned the meeting at 7:56 p.m. to Monday, March 25, 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

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780