MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JULY 8, 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 Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Public Works Director Doug Dancs
Human Resources Manager Cathy Thompson
Outside counsel:
Geoffrey Sheldon, Liebert Cassidy Whitmore
Thomas Bradford, Bradford and Barthel
Zane Uriabbi, Bradford and Barthel

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957(b)(1).  He stated that he would not be participating in this item and that independent counsel would be present to advise the City Council.

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), Roncevich v. City of Cypress, WCAB No. ADJ8438273; ADJ8438243; ADJ6602279, Claim No. 101187. 

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

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

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 Mariellen Yarc

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
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
Public Works Superintendent Bobby Blackburn
Recreation Superintendent Dena Diggins
Assistant Planner Judy Aquino
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 City Attorney Wynder.

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.

Elinor Stein, Cypress, spoke regarding construction at Moody Street and Orange Avenue.

Dhiren Mehta, Cypress, spoke regarding construction at Moody Street and Orange Avenue, and the slurry project in Sorrento.

Al Fasani, Cypress, spoke regarding the Mello Roos tax for Sorrento homeowners and the Moody Street median.

Mayor Narain asked staff for an update on the construction at Moody Street and Orange Avenue, and the slurry project in Sorrento.

The Public Works Director indicated that the project at Moody Street and Orange Avenue is a developer-based project and that the sewer work was recently completed with paving to take place within the next one to two weeks.  He stated that the groundwater table caused significant project delays, however, sewer connections were made. 

The Public Works Director stated that with regard to the slurry project in Sorrento, tire tracks are common in slurry with hot weather, and that staff would evaluate the area. 

Mayor Narain asked for an update on the Mello Roos tax in Sorrento. 

The Director of Finance and Administrative Services stated that, with the development of Sorrento Homes, a majority of the infrastructure was paid for by Mello Roos bonds which are not ongoing landscape bonds.  He indicated that the bonds paid for +$13 million in infrastructure, and that there are sufficient funds to pay off the bonds in 2016.  He stated that homeowners’ final Mello Roos bill would be on their 2014-15 property tax bill, and that reserves would be used for the final payoff. 

Manfred Stein, Cypress, spoke regarding Measure A.

Don Seward, Cypress, spoke regarding Measure A.

Patricia Rudner, Cypress, spoke regarding Measure L and capital improvements.

Katie Wiedel, Cypress, spoke regarding the Cypress Community Festival.

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

Juan Reinoso, Urban Graffiti Enterprises, Inc., spoke regarding Agenda Item No. 7.

David Rose, Cypress, spoke regarding the proposed project on Katella Avenue.

The City Attorney responded that a definitive project on Katella Avenue has not been submitted from Prologis, and that the original project has been withdrawn.  He stated that when and/or if a new project description is submitted, a detailed environmental review process would be required prior to any action of the City Council. 

The Public Works Director stated that the City does not have an agreed upon project description.

The Planning Manager stated that two applications have been deemed complete and that the environmental review process will not move forward until the applications are deemed complete.

The City Attorney stated that if/when all applications become complete, nothing will happen until an environmental review and public comment process is held.  He indicated that extended public noticing would be done and that a public hearing would be done on each individual application to which the members of the public could express their support or opposition.  He indicated that the environmental documents must be certified prior to proceeding with the project.

Kristen Walker, Cypress, spoke regarding Agenda Item No. 5.

Dorothy Bryant, Cypress, spoke regarding Measure A.

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 Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957(b)(1).  He stated that this occurred with independent counsel and that no reportable action was taken.

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), Roncevich v. City of Cypress, WCAB No. ADJ8438273; ADJ8438243; ADJ6602279, Claim No. 101187.  He stated that the parties have reached a tentative agreement on resolution of all pending claims and the City Council unanimously approved in concept that settlement subject to working out a definitive and comprehensive global settlement agreement and release to be executed once approved as to form by legal counsel. 

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 a privileged and confidential briefing was held on property negotiations and that the City Council reaffirmed its prior direction with Council Member Yarc voting no.

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 244-092-30, Located at 9470 Moody Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.  He stated that a privileged and confidential briefing was held on property negotiations and that the City Council reaffirmed its prior direction with Council Member Yarc voting no.

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

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 VARIANCE NO. 2013-02, A REQUEST TO ALLOW A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT 9551 NORMANDY WAY IN THE RS-6000 RESIDENTIAL SINGLE-FAMILY ZONE.

The City Attorney stated that Council Member Johnson would not participate in the discussion and would not be present in the Council Chambers during the voting process due to his ownership of property in the project area, as per the Political Reform Act. 

Council Member Johnson left the Council Chambers.

The Assistant Planner provided background information on this item.

Council Member Bailey asked about the current setback and what the setback would be once the project is built.

The Assistant Planner responded that the current combined setback is 18’ and that it would be 10’ at the project completion. 

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.

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that the City Council adopt the Resolution by title only, approving Variance No. 2013-02, subject to the conditions in Exhibit “A” of the Resolution.

The motion was carried by the following roll call vote:

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

Council Member Johnson did not participate in the discussion and was not present in the Council Chambers due to his ownership of property in the project area.

RESOLUTION NO. 6373

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS, SECTION 2.05.040,
TABLE 2-3 TO ALLOW A REDUCTION IN THE REQUIRED SIDE
YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT
9551 NORMANDY WAY – WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-03, A REQUEST TO ALLOW METAL WORKING AND MACHINING FOR A PERMITTED LIGHT MANUFACTURING USE WITHIN AN EXISTING OFFICE/WAREHOUSE BUILDING LOCATED AT 5665 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Planning Manager provided background information on this item.

Council Member Johnson asked about the need for additional parking and potential noise issues.

The Planning Manager responded that there is adequate parking on site and there are no noise sensitive uses or businesses surrounding the project site. 

Council Member Yarc asked about the type of businesses that surround or are near to the project.

The Planning Manager stated surrounding businesses include a medical facility, several light industrial uses, and a warehouse.

The public hearing was opened.

The applicant, Brian Prock, thanked the City Council for the opportunity to review the project with staff.

Mayor Pro Tem Mills asked if the term business operations, as indicated in Condition 6.3, includes light manufacturing. 

Mr. Prock responded in the affirmative.

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 Resolution by title only, approving Conditional Use Permit No. 2013-03, subject to the conditions in Exhibit “A” of the Resolution.

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

RESOLUTION NO. 6374

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013-03
- 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.

The City Attorney requested that Agenda Item No. 7 be continued to the next regular City Council meeting.

Council Member Johnson requested Agenda Item No. 6 be pulled from the Consent Calendar.

Mayor Narain requested Agenda Item No. 5 be pulled from the Consent Calendar.

It was moved by Council Member Bailey and seconded by Mayor Narain, to approve Consent Calendar Items No. 3, 4, and 8.

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 24, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of June 24, 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. 8:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 26502 THROUGH 26657.

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

Regarding Item No. 5:       SECOND READING OF AN ORDINANCE AMENDING THE NOISE SECTION OF THE CYPRESS MUNICIPAL CODE REGARDING STREET IMPROVEMENT PROJECTS, Mayor Narain asked for clarification on noise restrictions for City projects. 

The Public Works Director responded that the City Municipal Code allows for emergency work for streets, and that the City Council would be notified should nighttime work be necessary. 

The City Attorney stated that the private property owner whose permission is necessary refused to give consent to business day daytime construction, therefore the construction must be done in the nighttime or not at all. 

The Public Works Director stated that the nighttime construction would last approximately one to two weeks. 

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

The motion was carried by the following roll call vote:

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

ORDINANCE NO. 1137

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.

Regarding Item No. 6:       AWARD OF CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES, Council Member Johnson asked about references for the selected contractor, and if the contractor’s employees could be sub-contracted.  He asked about a contract lapse.

The Public Works Director stated that the proposed contractor was the City’s previous contractor and that the City does have prior experience with them.  He stated that sub-contracting would not be permitted.  He indicated that until the contract is awarded, payment would be made on a month-to-month basis. 

The City Manager indicated that Condition 4.3 prohibits against subcontracting or assignment. 

Council Member Bailey asked about contract extensions. 

The Public Works Director responded that the contract extension periods include two one-year extensions. 

The City Attorney reminded of the termination for convenience clause.

It was moved by Council Member Johnson and seconded by Mayor Pro Tem Mills, that the City Council award a two year unit price/maintenance services contract for Citywide Tree Maintenance Services to Great Scott Tree Service, Inc., 10761 Court Avenue, Stanton, California 90680 with an option for up to two, one year extensions, and authorize the City Manager to execute the contract on behalf of the City, and direct the Director of Public Works/City Engineer to act as Contract Officer.

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

Regarding Item No. 7:       AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES, this item was continued.

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.

Elinor Stein, Cypress, spoke regarding the swings at Cedar Glen Park.

Kristen Walker, Cypress, spoke regarding public noticing by the City and the new housing development at Moody Street and Orange Avenue.

David Rose, Cypress, spoke regarding the proposed project on Katella Avenue.

Lois Waddle, Los Alamitos, 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 an O.C. Fire Authority Board meeting.  Attended the July 4th Fireworks Celebration at the Joint Forces Training Base.

Mayor Pro Tem Mills:

Attended an OCCOG Board of Directors meeting.  Attended a meeting along with Mayor Narain and staff with David Trinkle, Manhattan Beachwear.  Suggested that the Mayor send a letter to the Joint Forces Training Base in regard to the July 4th Fireworks Celebration and use of the tarmac for future events.

Mayor Narain:

Attended a meeting with David Trinkle, Manhattan Beachwear.  Attended the July 4th Fireworks Celebration at the Joint Forces Training Base.  Attended an O.C Sanitation District Board meeting and retirement for the outgoing general manager.  Attended the Jain Temple 25th anniversary.

Council Member Yarc:

Spoke of Mayor Pro Tem Mills’ recognition at the OCCOG Board of Directors meeting.  Attended the Santa Ana River Flood Protection Agency meeting.

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the Cerritos Center for the Performing Arts.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:24 p.m. to Monday, July 22, 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