City of Cypress

5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6700

MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 24, 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
Council Member Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
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 54956.9(d)(2), Number of Cases: One. 

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 7:00 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
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Commander Steven Ramsey
Information Systems Manager Don Casados
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Public Works Superintendent Bobby Blackburn
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

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

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

The Mayor recognized and presented Certificates of Appreciation for the following outgoing Commissioners: Thomas O’Toole, Recreation & Community Services Commission, and Wayne Schoemann, Traffic Commission.  Recreation & Community Services Commissioner Kerry Benson was not present.

The Mayor recognized and presented Certificates of Appointment to newly-appointed Commissioners Nancy Conze, Mark Youngerman, Kenneth Lynch, Judy Wagner, Robert Sittman Jr., and Larry Smith, and the Loyalty Oath was administered by the City Clerk.

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(d)(2), Number of Cases: One.  He stated that the City Attorney provided a privileged and confidential status report and that the City Council unanimously gave appropriate direction. 

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.

Gary Rafelson, Cypress, spoke regarding the proposed project on Katella Avenue.

Elinor Stein, Cypress, spoke regarding Public Works projects in the City.

Manfred Stein, Cypress, spoke regarding Measure A.

Don Wesling, Cypress, spoke regarding Measure A.

Shelley Henderson, Cypress, spoke regarding the Cypress Community Festival and thanked the City staff for their assistance with the upcoming edition of the O.C. Breeze which will be delivered on Thursday.

Mary Crowder, Cypress, spoke regarding Measure A.

Alexandria Coronado, Cypress, spoke regarding Measure A.

Patricia Rudner, Cypress, spoke regarding Measure A.

Lois Waddle, Los Alamitos, spoke regarding the Joint Forces Training Base.

Maureen Weedon, Cypress, spoke regarding Measure A.

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 ADOPTION OF THE FISCAL YEAR 2013-14 THROUGH 2019-20 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS/CYPRESS RECREATION AND PARK DISTRICT.

The Public Works Director provided background information on this item.

The Senior Civil Engineer discussed upcoming projects in the City.

Council Member Bailey asked about the pump station projects and what the budgeted amount would be. 

The Public Works Director responded that Pump Station No. 1 would not be done, and that Pump Station No. 2 and Pump Station No. 3 would be done in phases. 

The Senior Civil Engineer indicated that Pump Station No. 2 and Pump Station No. 3 would be approximately $10 million each.

The public hearing was opened.

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.

Mayor Pro Tem Mills commented that Capital Improvement Projects take a lot of time and that the City is able to do projects due to the long-term conservativeness of City Council Members and staff. 

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City of Cypress/Cypress Recreation and Park District Capital Improvement Program proposed Fiscal Year 2013-14 through Fiscal Year 2019-20 Capital Improvement Program (CIP); and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for Fiscal Year 2013-14 through Fiscal Year 2019-20.

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. 2:   PUBLIC HEARING REGARDING CONSIDERATION OF AN AMENDMENT TO THE NOISE SECTION OF THE CYPRESS MUNICIPAL CODE REGARDING STREET IMPROVEMENT PROJECTS.

The Planning Manager provided background information on this item.

The public hearing was opened.

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.

David Rose, Cypress, asked that the City give consideration to residents who live close to City-related construction activities that may create excessive noise. 

The public hearing was closed.

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council introduce for first reading the Ordinance by title only, approving an amendment to the Cypress Municipal Code adding language exempting work on City streets and other public facilities from the City’s Noise Ordinance.

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

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING SECTION 13-70 OF THE CYPRESS MUNICIPAL CODE
TO ADD AN EXEMPTION FOR CITY RELATED CONSTRUCTION
ACTIVITIES ON PUBLIC STREETS.

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. 3 through 10.

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. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 10, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of June 10, 2013, as submitted.

Item No. 4:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 5:   PROCLAIMING THE MONTH OF JULY 2013 AS “PARKS AND RECREATION MONTH” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the month of July 2013 as “Parks and Recreation Month” in the City of Cypress.

Item No. 6:   APPROVAL OF THE CITY ENGINEER’S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90.

Recommendation:   That the City Council adopt the Resolutions by title only, approving the City Engineer’s Report and establishing a public hearing for July 22, 2013, declaring the City Council’s intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel.

RESOLUTION NO. 6371

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE CITY ENGINEER’S REPORT DATED JUNE 24, 2013,
IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1.

RESOLUTION NO. 6372

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1
FOR FISCAL YEAR 2013-14, PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE
FOR HEARING OBJECTIONS THERETO.

Item No. 7:   APPROVAL OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES.

Recommendation:   That the City Council: 1) Award a contract for traffic signal maintenance services to Aegis ITS, 3360 East La Palma Avenue, Anaheim, California 92806, for a three-year term with the option to extend for a two-year term, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Appropriate funds in the amount of $15,000 from the restricted fund balance of Lighting District Fund, Fund 251 (Account 251-70215.4187_012) for traffic signal maintenance services.

Item No. 8:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR KATELLA AVENUE/MERIDIAN DRIVE INTERSECTION IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 104.

Recommendation:   That the City Council: 1) Award a contract for Katella Avenue/Meridian Drive Intersection Improvements, Public Works Project No. 104, in the amount of $123,100, to the lowest responsible bidder, GMC Engineering, Inc. (GMC), Tustin, California; authorize a contingency of $18,465 (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 $29,520, within the existing agreement for On-Call Construction Management/Engineering Support/Testing and Inspection Services, for Katella Avenue/Meridian Drive Intersection Improvements, Public Works Project No. 104, to Vali Cooper & Associates, Inc. (VCA); authorize a contingency of $4,428 (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) Appropriate funds in the amount of $25,513 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. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2013.

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

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 26368 THROUGH 26501.

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.

Manfred Stein, Cypress, spoke regarding Measure A.

J.M. Ivler, Los Alamitos, spoke regarding Measure A.

George Pardon, Cypress, spoke regarding the City of Los Alamitos General Plan.

Don Wesling, Cypress, spoke regarding Measure A.

Jody Shloss, Los Alamitos, spoke regarding the City of Los Alamitos General Plan.

Maureen Weedon, Cypress, spoke regarding Measure A.

Lois Waddle, Los Alamitos, spoke regarding the proposed project on Katella Avenue.

Patricia Rudner, Cypress, spoke regarding the proposed project on Katella Avenue.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Johnson:

Attended the VIP Soccer recognition event.  Attended the AGENT program.  Attended the Cypress Chamber of Commerce Business Awards and Installation dinner.  Attended the St. Irenaeus Church Fiesta.  Spoke regarding a City-related contact he received on his business telephone line.

Mayor Pro Tem Mills:

Attended an OCCOG Executive Management Committee meeting.  Attended the Concert on the Green.  Attended the Cypress Chamber of Commerce Business Awards and Installation dinner.  Attended an ACC-OC Legislative and Regulatory Committee meeting.  Spoke regarding City Council Members’ participation on outside committees.

Mayor Narain:

Attended an O.C. Sanitation District Administrative Committee and Board meeting. Participated in a ride-along with the Chief of Police.  Attended the Joint Forces Training Base Change of Command ceremony.

Council Member Bailey:

Attended the AGENT program.  Attended an O.C. Vector Control Board meeting. Attended the Youth Citizenship Seminar closing dinner at Pepperdine University.

Council Member Yarc:

Attended the Cypress Chamber of Commerce Business Awards and Installation dinner. Attended an O.C. Woman’s Club Executive Board meeting.

Mayor Narain spoke regarding the Special Municipal Election to be held on June 25, 2013, regarding Measure A and the requirements of Measure D, and the binding agreement signed by the developer. 

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the City of Los Alamitos proposal to up-zone properties on Katella Avenue to retail business and increase zoning for planned industrial and the potential for further change and greater density along Katella Avenue.

The City Manager spoke of property tax assessments and benefits to the City of Cypress, and the greater benefits from business sales tax and revenues. 

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:46 p.m. to Monday, July 8, 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