MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD APRIL 22, 2013

A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Narain in the Executive Board Room, 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 Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
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
Redevelopment Project Manager Steve Clarke
Associate Planner Kori Nevarez
Human Resources Manager Cathy Thompson
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

None.

WORKSHOP SESSION:

The City Manager stated that City Council would be presented with the 2014-2021 Housing Element Update of the Cypress General Plan.

Mayor Pro Tem Mills complimented staff on the thoroughness of the Agenda Report. 

The Associate Planner introduced Laura Stetson of MIG Hogle-Ireland and indicated that the Housing Element update combines input from the City Council workshop as well as input from the public. 

Ms. Stetson provided an overview of the Housing Element and the Regional Housing Needs Assessment (RHNA), and indicated that the Housing Element addresses the City’s housing needs and the plans to address those needs during years 2014-2021.  She stated that the Housing Element is one component of the General Plan and that it requires review by the Department of Housing and Community Development.  She stated that the Housing Element is required of every city and county.  Ms. Stetson stated that housing needs in a community change over time and that the City’s Housing Element has been affected by the recent loss of the City’s Redevelopment Agency. 

Ms. Stetson indicated that the Housing Element does not commit the City to actual housing construction but does obligate it to show opportunities to achieve the Regional Housing Needs Assessment based on the City’s zoning and land use policies.  She stated that RHNA housing unit projections for the City this cycle would be 308, and that it was 451 units last cycle. 

Ms. Stetson reviewed the RHNA income level requirements that are based on the average medium income for Orange County, and indicated that the medium income level for Cypress in 2010 was $83,000.  She stated that the housing unit needs could be achieved through reusing sites, and mixed use and multiple-family unit sites on Lincoln Avenue. 

Ms. Stetson indicated that the City has accomplished rezoning to allow 30 units per acre and has included provisions to allow for emergency shelters as required by State law.  She stated that new State law requires a Housing Element for those with development disabilities. 

Mayor Pro Tem Mills asked for clarification on the definition of developmentally disabled.

Ms. Stetson replied that developmentally disabled housing would be for groups of people who are mentally challenged.  She indicated that, under State law, a group home with six or fewer persons could not be regulated by the City, and that supportive housing for seven or more persons would have be allowed by right in the multi-family zones. 

Council Member Bailey asked how many housing units need to be designated for the developmentally disabled. 

Ms. Stetson responded that there is not a specific number of housing units that must be designated for the developmentally disabled, however, the City must show no constraints. 

Ms. Stetson spoke of conserving the existing supply of affordable housing units due to the loss of the Redevelopment funding source.  She spoke of the importance of preserving and enhancing existing neighborhoods and how that would maintain high values. 

Ms. Stetson stated that assistance in affordable housing could include providing adequate housing sites, relaxing standards through density bonuses, and incorporating second-unit ordinance for single-family units.  She indicated that the City may not discriminate against a person in their pursuit for housing, and that the City contracts with the County of Orange for the implementation of fair housing laws. 

Ms. Stetson concluded her presentation by indicating that comments from the City Council and the public would be taken at this time, and ultimately a hearing with the City Council would be held within the next several months. 

Mayor Pro Tem Mills asked about enforcement of RHNA numbers for compliance. 

Ms. Stetson responded that the City’s progress must be reported annually, however, there is no penalty from the State level.

Council Member Johnson asked about the City’s 308 RHNA housing units projection and what would be required. 

Ms. Stetson responded that the 308 units would be for the eight-year period. 

The public comment period was opened.

George Pardon, Cypress, spoke of existing Lincoln Avenue development and asked if the 30 acre site related to Measure A should be factored in to the housing element. 

Ms. Stetson responded that only land use regulations that are in place at this time may be considered. 

Jody Shloss, Los Alamitos, asked if there is no penalty, would the housing element be taken into consideration when the City applies for grant funds. 

Ms. Stetson responded that she will discuss it with City staff to make a determination. 

Edwin Kraemer asked why the 33 acre site on Katella Avenue is not included in the housing element.

The Associate Planner replied that known sites were looked at and that a mixed-use district was already in place.  She stated that by adding density to the residential area, Lincoln Avenue property values increased.  She indicated that there must be a minimum of 30 units per acre in order to be recognized as affordable housing, and the 33 acre site on Katella Avenue was not in the previous cycle.   

The City Attorney clarified that, subject to Measure D, the 33 acre site on Katella Avenue was not eligible for consideration in the previous cycle. 

Jackie Kerze, Regional Center of Orange County, indicated that her agency provides services for 244 persons in Cypress, and spoke in support of the need for affordable housing opportunities in the City. 

Linda Tang, The Kennedy Commission, thanked the City Council for addressing the issue of affordable housing and asked that consideration be given for low income tax credits. 

The public comment period was closed.

CLOSED SESSION:

The City Manager 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 262-461-05, Located at 8721 Cypress Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment. 

The City Manager 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 244-092-30, Located at 9470 Moody Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment. 

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 7:00 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 Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
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
Human Resources Manager Cathy Thompson
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

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

INVOCATION:  The invocation was given by Mayor Pro Tem Mills.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The Mayor asked for the report of the Workshop Session Agenda items discussed earlier in the evening.

The City Manager reported that the City Council held a workshop and was briefed on the proposed 2014-2021 Housing Element Update of the Cypress General Plan.  He stated that the City Council asked questions and that the public was invited to speak. 

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 Number 262-461-05, Located at 8721 Cypress Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.  He stated that the City Council was briefed on a recent meeting between the Cypress School District and the City regarding the possible exercise of the City’s Naylor Act rights with respect to the Mackay School property.  He indicated that the City Council unanimously directed the City Attorney’s Office to send a letter to the Cypress School District advising that the City intends to exercise its Naylor Act rights and to commence the process of obtaining an appraisal on the property.  He stated that Mayor Pro Tem Mills and Council Member Yarc voted no. 

The City Attorney reported that the Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Number 244-092-30, Located at 9470 Moody Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment, was not held.

No other action was taken in Closed Session, nor was any solicited.

Mayor Pro Tem Mills spoke regarding the City’s sex offender ordinance and recent litigation. 

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.

Mayor Narain thanked meeting attendees for their continued interest in the development of the 33 acre site on Katella Avenue and discussed the EIR process.

Chris Bardis, Los Alamitos Race Track, spoke regarding restricting the zoning on the Cerritos Avenue property to single-family homes.

Frank Sherren, Los Alamitos Race Track, provided information on Measure L that was passed by voters in June 2012.

The following spoke regarding the proposed development on Katella Avenue:

Susan Hobart
Sue Douglas, Cypress
Steven Mauss, Cypress
Tom Snoddy, Cypress
Paul Dunard, Cypress
Don Wesling, Cypress
Lois Waddle, Los Alamitos
Elinor Stein, Cypress
Bob Render, Cypress

Shelley Henderson, Cypress, spoke regarding the next print edition of the O.C. Breeze on May 1, 2013 and provided an update on the Cypress Community Festival.

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 Mayor Pro Tem Mills and seconded by Council Member Johnson, to approve Consent Calendar Items No. 1 through 11.  

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 APRIL 8, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of April 8, 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:   SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2013-01, A CITY INITIATED PROPOSAL TO ADD A DEFINITION FOR GROUP HOMES AND TO ADD TEXT TO THE EXISTING DEFINITIONS FOR COMMUNITY CARE FACILITIES AND RESIDENTIAL CARE FACILITIES.

Recommendation:   That the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2013-01.

ORDINANCE NO. 1136

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 6.31.020.C, 6.31.020.G,
AND 6.31.020.R OF THE CYPRESS ZONING ORDINANCE, ADDING
A DEFINITION FOR GROUP HOMES AND ADDING TEXT TO
EXISTING DEFINITIONS FOR COMMUNITY CARE FACILITIES AND
RESIDENTIAL CARE FACILITIES.

Item No. 4:   PROCLAIMING THE WEEK OF MAY 12-18, 2013 AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the week of May 12-18, 2013 as “National Police Week” in the City of Cypress.

Item No. 5:   APPROVAL OF PROFESSIONAL CONTRACT SERVICES AGREEMENT FOR THE PREPARATION OF SAFE ROUTE TO SCHOOL MAPS, ADULT CROSSING GUARD ANALYSIS AND VARIOUS TRAFFIC ENGINEERING STUDIES, PUBLIC WORKS PROJECT NO. 109.

Recommendation:   That the City Council: 1) Award a Professional Contract Services Agreement for the Preparation of Safe Route to School Maps, Adult Crossing Guard Analysis and Various Traffic Engineering Studies, Public Works Project No. 109, in the amount of $68,900 to Albert Grover and Associates, Fullerton, California; authorize a contingency of $10,300 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Appropriate $79,200 from the unassigned fund balance of the General Fund (111-2940) to Account No. 111-70264.4189_002 (Professional Services Architect and Engineering) for the Preparation of Safe Route to School Maps, Adult Crossing Guard Analysis and Various Traffic Engineering Studies.

Item No. 6:   APPROVAL OF PLANS AND SPECIFICATIONS FOR THE KATELLA AVENUE/MERIDIAN DRIVE INTERSECTION IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 104.

Recommendation:   That the City Council: 1) Approve the plans and specifications for the Katella Avenue/Meridian Drive Intersection Improvements, Public Works Project No. 104; and 2) Appropriate funds in the amount of $150,000 from the assigned fund balance of the City Capital Improvement Projects Fund (Account No. 415-80500-8051.4186 Concrete Rehabilitation), for construction of the Katella Avenue/Meridian Drive Intersection Improvements, Public Works Project No. 104.

Item No. 7:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2012/13 ARTERIAL OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 94.

Recommendation:   That the City Council: 1) Award a contract for the 2012/13 Arterial Overlay Project, Public Works Project No. 94, in the amount of $896,310, to the lowest responsible bidder, R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, California; authorize a contingency of $134,500 (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 $76,040, within the existing agreement for On-Call Construction Management/Engineering Support/Testing and Inspection Services, for the 2012/13 Arterial Overlay Project, Public Works Project No. 94, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $11,400 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Authorize the Director of Public Works/City Engineer to execute an agreement with the City of La Palma for sharing the cost of arterial street improvements on Crescent Avenue.

Item No. 8:   APPROVAL OF THE REORGANIZATION OF POLICE MANAGEMENT, ADOPTION OF A RESOLUTION ESTABLISHING THE CLASSIFICATION OF POLICE COMMANDER ELIMINATING THE CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE LIEUTENANT, AND ADOPTION OF A RESOLUTION BETWEEN THE CITY OF CYPRESS AND THE POLICE MANAGEMENT ASSOCIATION APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE CONTRACT PERIOD JULY 1, 2012 THROUGH JUNE 30, 2015.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the reorganization of Police Management; and 2) Adopt a Resolution by title only, establishing the classification of Police Commander and eliminating the Police Captain and Police Lieutenant classifications; and 3) Adopt a Resolution by title only, between the City of Cypress and the Police Management Association approving a Memorandum of Understanding for the contract period July 1, 2012 through June 30, 2015.

RESOLUTION NO. 6362

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
CLASSIFICATION OF POLICE COMMANDER AND ELIMINATING THE
CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE LIEUTENANT.

RESOLUTION NO. 6363

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE
MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES,
FRINGE BENEFITS, AND CONDITIONS OF EMPLOYMENT.

Item No. 9:   REQUEST FOR FEE WAIVER – A REQUEST TO WAIVE THE TEMPORARY USE PERMIT APPLICATION FEE FOR THE ANNUAL AMERICAN LEGION CLASSIC CAR AND MOTORCYCLE SHOW.

Recommendation:   That the City Council waive the $300 per year (total $900) Temporary Use Permit application fee for the Annual American Legion Classic Car and Motorcycle Show for the years 2013, 2014, and 2015.

Item No. 10:  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2013.

Recommendation:   That the City Council receive and file the Investment Report for the month of March, 2013.

Item No. 11:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 25627 THROUGH 25783.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2012-13.

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.

The following spoke regarding the proposed development on Katella Avenue:

Joyce Baker, Cypress
Joan Masters, Cypress
J.M. Ivler, Los Alamitos
Willard Morris, Cypress
Kevin Young, Cypress
Ed Kraemer
Derek Boyer
Jody Shloss, Los Alamitos

ITEMS FROM CITY COUNCIL MEMBERS:

Mayor Narain requested reports from the Council Members on their respective committee assignments.

Council Member Johnson:

Thanked everyone for their attendance at the meeting.  Attended the Cypress Senior Citizens Commission meeting.  Spoke of programs and activities available at the Cypress Senior Citizens Center.  Attended the PACE graduation at Morris Elementary School.  Attended the ribbon cutting at Dragon 21 restaurant.  Attended the City of Cypress Employee Service Awards luncheon.  Attended the Arbor Day celebration at Manzanita Park.  Attended the Cypress Chamber of Commerce Board meeting. Attended the Cypress Recreation and Community Services Volunteer Recognition dinner.

Mayor Pro Tem Mills:

Attended an OCCOG Executive Management Committee meeting.  Attended the City of Cypress Employee Service Awards luncheon.  Attended the Arbor Day celebration at Manzanita Park.  Met with the Executive Director at the Center for Demographic Research.  Attended the ACC-OC Legislative and Regulatory Committee meeting.  Attended the La Palma State of the City luncheon.  Attended the Cypress Recreation and Community Services Volunteer Recognition dinner.  Attended and spoke at the Rossmoor/Los Alamitos Republican Women’s breakfast.

Mayor Narain:

Thanked the speakers for their comments and audience members for their attendance at the meeting.  Attended an O.C. Sanitation District Administrative Committee meeting.  Attended the City of Cypress Employee Service Awards luncheon.  Attended the ribbon cutting at Dragon 21 restaurant.  Attended the ACC-OC Installation meeting.  Attended the Arbor Day celebration at Manzanita Park.  Attended the La Palma State of the City luncheon.  Attended the Cypress Recreation and Community Services Volunteer Recognition dinner.

Council Member Bailey:

Attended an O.C. Vector Control District meeting.  Attended the Cypress High School annual grad night fundraiser.  Thanked the speakers for their comments.  Requested information be placed on the City’s website in regard to the current ballot measure.

Council Member Yarc:

Attended the Cypress Chamber of Commerce Networking breakfast.  Attended a West-Comm Special Board meeting.  Attended the City of Cypress Employee Service Awards luncheon.  Attended the Arbor Day celebration at Manzanita Park.  Participated in a roundtable discussion with Assemblywoman Sharon Quirk-Silva.  Attended the Cypress Recreation and Community Services Volunteer Recognition dinner.  Attended the General Federation of Woman’s Club annual conference.

ITEMS FROM CITY MANAGER: 

The City Manager stated that Recreation Supervisor Jenni Worsham was elected president of the California Park & Recreation Society (CPRS) District 10.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:24 p.m. to Monday, May 13, 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