City of Cypress

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

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

A regular meeting of the Cypress City Council was called to order at 7:00 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
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant Director of Finance and Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Associate Planner Kori Nevarez
Public Works Superintendent Bobby Blackburn
Management Analyst Alisha Farnell
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by the Cypress Police Explorers.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

The Chief of Police presented a Cypress Police Department Challenge Coin and photo plaque to Cypress Police Explorer Captain Ryan Sweeney.

Dave Wassenaar, Cypress College, and Police Chief Gomez-Whiteley presented Cypress College scholarships to Cypress Police Explorers Matthew Esparza and Jeremy Miranda.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

No items.

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.

Juan Reinoso, Urban Graffiti Enterprises, spoke regarding Agenda Item No. 6.

Shelley Henderson, Cypress, spoke regarding the Cypress Community Festival.

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 AMENDMENT NO. 5 TO CONDITIONAL USE PERMIT NO. 91-3, A REQUEST TO ALLOW THE CONSTRUCTION AND USE OF AN OUTDOOR BAPTISTERY AND WATER FEATURE AT AN EXISTING CHURCH LOCATED AT 5100 CERRITOS AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.

The Associate Planner provided background information on this item. 

Mayor Pro Tem Mills asked for clarification on Condition No. 6.1 and the noise decibel level that surrounding residents may be subject to. 

The Associate Planner responded that the baptistery would be an accessory use to the existing church use and that the conditions reflect standard verbiage related to compliance to the City’s noise ordinance due to the varied hours of church activities.  She indicated that under standard conditions, the City Council would have the right to revisit and further regulate the operational hours should there be complaints.

Council Member Bailey asked if Condition No. 6.1 allows for baptistery activities to be held more than four times per year. 

The Associate Planner replied that if the church desires to hold baptistery activities more than four times per year, the Conditions of Approval would be subject to amendment.  She stated that the church concurs with and proposed the limit of four baptistery activities per year. 

The public hearing was opened.

The applicant, Pastor Chris Burgin, stated that they accept the conditions of approval.

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.

George Pardon, Cypress, spoke regarding concerns with Condition No. 6.1 and limiting use by the church.

The public hearing was closed.

Council Member Yarc commented that freedom of religion is not relative to this item and that the proposed recommendation is based upon the applicant’s request, and that the City Council’s recommendation should not be influenced by personal beliefs. 

Council Member Bailey concurred with Council Member Yarc.

It was moved by Mayor Pro Tem Mills and seconded by Council Member Johnson, that the City Council adopt the Resolution by title only, approving Amendment No. 5 to Conditional Use Permit No. 91-3, subject to the conditions in Exhibit “A” of the Resolution, with Condition 6.1 amended to include the City’s standard noise ordinance verbiage.

A substitute motion was made by Council Member Bailey and seconded by Council Member Yarc, that the City Council adopt the Resolution by title only, approving Amendment No. 5 to Conditional Use Permit No. 91-3, subject to the conditions in Exhibit “A” of the Resolution.

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

AYES:        3    COUNCIL MEMBERS:   Yarc, Bailey and Narain
NOES:        2    COUNCIL MEMBERS:   Johnson and Mills
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6375

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT NO. 5 TO CONDITIONAL USE PERMIT
NO. 91-3 – WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2013-14. CITY OF CYPRESS PROJECT NO. 8615-90.

The Public Works Superintendent 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.

The public hearing was closed.

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council hold the required public hearing and adopt the Resolution by title only, ordering 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.

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. 6376

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
2013-14, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, AND CONFIRMING THE
DIAGRAM AND ASSESSMENT THEREOF.

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.

Council Member Bailey requested Agenda Items No. 6 and 7 be pulled from the Consent Calendar.

It was moved by Mayor Narain and seconded by Mayor Pro Tem Mills, to approve Consent Calendar Items No. 3 through 5 and 8 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 JULY 8, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of July 8, 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:   ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 25, 2013.

Recommendation:   That the City Council adopt the Resolution by title only, declaring the results of the June 25, 2013 Special Municipal Election, with the attached Certificate of the Orange County Registrar of Voters’ Canvass of the Special Municipal Election Returns.

RESOLUTION NO. 6377

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD
ON JUNE 25, 2013, DECLARING THE RESULT AND SUCH
MATTERS AS PROVIDED BY LAW.

Item No. 8:   SPECIAL TAX LEVY FOR FY 2013-14 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS.

Recommendation:   That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for Fiscal Year 2013-14 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification.

RESOLUTION NO. 6378

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF
CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL
TAX FOR FISCAL YEAR 2013-2014 WITHIN SUCH COMMUNITY
FACILITIES DISTRICT.

Item No. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2013.

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

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2012-13 AND 2013-14 FOR WARRANTS NO. 26658 THROUGH 26818.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2012-13 and 2013-14.

Regarding Item No. 6:  REJECTION OF ALL BIDS AND AUTHORIZATION TO SOLICIT NEW COMPETITIVE BIDS FOR GRAFFITI ABATEMENT SERVICES, Council Member Bailey asked for clarification on the contract budgeted amount and an explanation of the rebidding process. 

The Public Works Director responded that the original bid amount was for a three-year period in the budgeted base amount of $60,000 with $10,000 in contingency.  He indicated that staff’s priority is to obtain the lowest bid contractor and the best action would be to reject all bids. 

Council Member Bailey asked about how the rebid would affect the current graffiti removal program. 

The Public Works Director indicated that the graffiti contract would be on a month-to-month contract, and that a new solicitation of bids would be advertised. 

Mayor Pro Tem Mills asked what changes to the process have been made in order to avoid this problem in the future. 

The Public Works Director responded that contractors would be required to submit a photocopy of their license with the bid proposal.

It was moved by Council Member Bailey and seconded by Mayor Narain, that the City Council reject all bids and authorize the Director of Public Works and Acting Director of Community Development to solicit new competitive bids for Graffiti Abatement Services.

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:  AUTHORIZATION TO EXECUTE EASEMENT DEED FOR STORM DRAIN PURPOSES AT CYPRESS HIGH SCHOOL, Council Member Bailey asked when the shrubs would be planted in the front parking lot area. 

The Public Works Director responded that the shrubs would be planted at the end of summer, prior to the start of school. 

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council authorize the City Manager to execute and record an easement for drainage purposes located within the Cypress High School property.

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

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 Yarc:

Attended the Cypress Chamber of Commerce Networking breakfast.  Attended the Woman’s Club of Cypress annual picnic.  Attended an event hosted by Michelle Steele, State Board of Equalization.  Attended the ribbon cutting ceremony at Joe Schmoe’s restaurant.  Attended a West-Comm Special Board meeting.  Attended a CJPIA Board of Directors meeting.  Attended the Concert on the Green.

Spoke of issues at West-Comm in regard to the outdated Computer Aided Dispatch and Records Management System (CAD-RMS) and related costs.  She asked if the City Council would have an interest in updating the system with the costs shared between the four joint agencies. 

Council Member Bailey asked how each City’s financial commitment is determined.

The Chief of Police stated that in the past, the City of Cypress was designated to pay approximately 45% of the costs.  She commented that the system is outdated and that research is being done on the feasibility of updating the system. 

Mayor Narain commented that the City Council would need to hold a workshop to further discuss. 

Council Member Bailey asked if West-Comm is funded by the Cities of Cypress, Los Alamitos, and Seal Beach.

The City Manager stated that a request for proposal would be obtained and that each agency would be responsible for their needs, and that Cypress is the largest shareholder of West-Comm.

Council Member Yarc spoke regarding implementing a Veteran of the Month recognition program.  It was the consensus of the City Council to agendize the item for discussion at the next regular City Council meeting.

Council Member Bailey:

Attended an O.C. Vector Control District meeting.

Mayor Narain:

Attended the SPIRIT workshop.  Attended an O.C. Sanitation Administrative Committee meeting.  Attended an event hosted by Michelle Steele, State Board of Equalization.  Attended the ribbon cutting ceremony at Joe Schmoe’s restaurant.

Mayor Pro Tem Mills:

Attended a change of command ceremony at the Cypress Navy Golf Course.  Met with a potential West Point candidate.  Attended the ribbon cutting ceremony at Joe Schmoe’s restaurant.  Attended the meet and greet with Kaeser Compressors.  Attended an ACC-OC Legislative and Regulatory Committee meeting.  Attended the Concert on the Green.

Council Member Johnson:

Attended the ribbon cutting ceremony at Joe Schmoe’s restaurant.  Attended the Concert on the Green.  Congratulated the Cypress Girls Softball 8U Division on winning the state championship.  Congratulated the Cypress Police Department on vehicle burglary arrests.  Asked the Chief of Police to provide information on an upcoming community event.  Announced the Cypress Community Festival on July 27, 2013.

The Chief of Police announced the annual National Night Out event would be held on August 6, 2013, 4:00 p.m. – 8:00 p.m., at Oak Knoll Park.

Spoke regarding the Orange County Transportation Authority construction alert for the 91 Freeway.

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the reduction in police department overtime for the past two years.  Stated that commercial flights are not allowed at the Joint Forces Training Base.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:12 p.m. to Monday, August 12, 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