MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD SEPTEMBER 9, 2013

A regular meeting of the Cypress City Council was called to order at 6:00 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
Assistant City Attorney Lindsay Tabaian
Director of Finance and Administrative Services Richard Storey
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 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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups: Cypress Police Officers Association. 

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
Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation Superintendent Dena Diggins
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Associate Planner Kori Nevarez
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 Bailey.

INVOCATION:  The invocation was given by City Attorney Wynder.

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 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 on negotiations was held between City staff and Cypress School District staff, questions were answered, and that further negotiating authority was provided by the City Council. 

The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups: Cypress Police Officers Association.  He stated that the City and the Cypress Police Officers Association have reached tentative settlement and agreement on a memorandum of understanding that will be presented for public consideration and action at a future City Council meeting. 

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.

Don Seward, Cypress, spoke regarding the Mackay Elementary School property.

Shelley Henderson, Cypress, spoke regarding the Wings, Wheels and Rotors Expo in Los Alamitos.

Patricia Rudner, Cypress, spoke regarding the waste disposal contract.

Chris Tenorio, spoke regarding Cottonwood Runners fundraising efforts for Grateful Hearts.

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 CONDITIONAL USE PERMIT NO. 2013-04, A REQUEST TO OPERATE A PRIVATE GYM/WORKOUT FACILITY WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4107 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE.

The Assistant Planner provided background information on this item.

Council Member Johnson asked if the hours of operation are consistent with the surrounding businesses’ hours of operation, and asked if the business would provide personal training services. 

The Assistant Planner responded that the hours of operation are consistent with the surrounding businesses’ hours of operation, and that one-on-one personal training would be offered. 

Mayor Pro Tem Mills commented that Conditions 7.2, 7.5, and 21.2 are invalid requirements of the tenant and stated that the conditions should be deleted as they are obligations of the property owner. 

Council Member Bailey concurred with the deletion of Conditions 7.2 and 21.2, however, in regard to Condition 7.5, he stated that both the property owner and the tenant should be responsible for graffiti removal. 

The Planning Manager stated that Condition 7.5 is new in order to address graffiti concerns in a commercial center and that it would be added to future permits.  He stated that the verbiage could be modified and that the property owner and applicant would be required to sign acceptance of the Conditions of Approval. 

Mayor Narain suggested that “property owner” be changed to “applicant” in Condition 7.5. 

The Planning Manager responded in the affirmative. 

The applicant, Chris Rojo, stated that he agreed with the suggested amendments to the Conditions of Approval including Condition 7.5 and graffiti removal requirements. 

The public hearing was opened.

Mayor Narain asked if there was anyone who wished to speak on this item.

David Rose, Cypress, asked how traffic impacts were evaluated for the project.

The Assistant Planner clarified that this use would be on an appointment-only basis, and that there was no traffic impact with the previous fitness center. 

The public hearing was closed.

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that the City Council the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2013-04, subject to the conditions in Exhibit “A” of the Resolution, as amended.

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. 6379

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013-04
– WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-05 AND TENTATIVE TRACT MAP NO. 17629, A REQUEST TO COMBINE TWO LOTS INTO A ONE-LOT SUBDIVISION AND CONSTRUCT 19 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6178-6182 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE

The Associate Planner provided background information on this item.

Mayor Pro Tem Mills asked for clarification on the open parking spaces.

The Associate Planner pointed out on the project plans the 21 open parking spaces. 

The applicant, John Bonanni, thanked staff for their assistance and stated that he accepts all of the conditions of approval.

Mayor Pro Tem Mills asked about the target tenants and the price range of the units. 

Mr. Bonanni indicated that there is no particular target tenant, and that the units price range would be approximately $479,000.

Mayor Pro Tem Mills asked about modifications on the Americans with Disabilities Act units.   

Mr. Bonanni stated ADA modifications include wider door space but that there would not be elevators. 

Council Member Johnson asked about the additional parking and parking enforcement.

Mr. Bonanni stated that parking enforcement would be managed by the homeowner’s association. 

The public hearing was opened.

Mayor Narain asked if there was anyone who wished to speak on this item.

David Rose, Cypress, asked about traffic impacts from the project.

The Associate Planner stated that the project qualifies for a categorical exemption Class 32 under the California Environmental Quality Act (CEQA) and that the environmental analysis is done based on the City General Plan. 

The Public Works Director commented on traffic impact fees and that no frontage improvements would be done. 

Shelley Henderson, Cypress, asked about the project’s proximity to the Habitat for Humanity development.  

The Associate Planner indicated that the project is close to the Habitat for Humanity development. 

The public hearing was closed.

Mayor Pro Tem Mills requested Condition No. 19.2 be deleted as it is for projects greater than one acre and this project is .94 acres. 

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2013-05 and Tentative Tract Map No. 17629, subject to the conditions in Exhibit “A” of the Resolutions, as amended.

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. 6380

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013-05
– WITH CONDITIONS.

RESOLUTION NO. 6381

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 17629
– 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.

Council Member Bailey requested Agenda Item No. 5 be pulled from the Consent Calendar.

It was moved by Council Member Bailey and seconded by Council Member Johnson, to approve Consent Calendar Items No. 3, 4, and 6 through 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 AUGUST 26, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of August 26, 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. 6:   APPROPRIATION OF FUNDS FOR POLICE ACADEMY RECRUIT TRAINING.

Recommendation:   That the City Council approve the following appropriations in the General Fund for Fiscal Year 2013-14 as follows:

111-50167.4220           (P.O.S.T. Training)    $19,635
111-50167.4103_008    (Ammunition)             $13,270
111-50167.4113           (Uniforms)                 $  5,110
111-50167.4113           (Leather Gear)          $  1,775
111-50167.4113           (Duty Holsters)          $     975

Item No. 7:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2012-13 AND 2013-14 FOR WARRANTS NO. 27160 THROUGH 27312.

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

Recreation and Park District Matters:

Item No. 8:   APPROVAL OF FISCAL YEAR 2012-13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2013-14

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District:

1.  Authorize the appropriation of funds in Fiscal Year 2013-14 for items encumbered at June 30, 2013 as detailed in Attachment A and summarized below:

212 CRPD General Fund                                         $43,577

2.  Authorize the appropriation of funds in Fiscal Year 2013-14 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows:

212 CRPD General Fund                                       $1,509,848
725 CRPD Central Services Fund                             $11,500

3.  Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2013-14 as listed below:

FROM                                      TO                             AMOUNT
213 Park Development Fund     212 General Fund     $272,078

Regarding Item No. 5:  APPROVAL OF FISCAL YEAR 2012-13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2013-14, Council Member Bailey commented that the carryover amount seems to be more excessive than in past years. 

The Director of Finance and Administrative Services stated that last year’s carryover amount was $21.1 million and that the carryovers include projects and grants that may not coincide with the Fiscal Year end and seasonal projects.  He indicated that Fiscal Year 2013-14 carryovers total $9.8 million and that Fiscal Year 2012-13 carryovers were $14.8 million, with last year’s encumbrances of $7.1 million compared to this year’s encumbrances of $13.4 million.  He assured that there has been progress and reminded that $4 million is being carried over for the Myra Avenue pump station. 

The Director of Finance and Administrative Services stated that the City is staying within its seven-year plan. 

Council Member Bailey asked why the contingency was carried forward.

The Director of Finance and Administrative Services stated that the contingency for the City Manager has been decreased and that it would be used for emergency actions.

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council: 

1. Authorize the appropriation of funds in Fiscal Year 2013-14 for the carryover items as detailed in Attachment A and summarized as follows:

111 General Fund

$373,572

114 General Fund Grants

459,359

232 Gas Tax 2106 Fund

163,939

234 Traffic Mitigation Assessment Fund

1,986,264

251 Lighting District #2 Fund

10,000

261 Storm Drainage Fund

3,516

281 Narcotics Asset Seizure Fund

16,490

321 Sewer Fund

2,147,323

415 Capital Projects Fund

4,530,903

713 Information Systems Fund

59,330

721 Capital Replacement Fund

109,683

TOTAL

$9,860,379

2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2013-14 as listed below:

FROM

TO

AMOUNT

235 Regional Traffic Fee

111 General Fund

$900

236 Measure M Gas Tax

232 Gas Tax 2106

450,626

281 Narcotics Asset Seizure

415 Capital Projects

391,379

281 Narcotics Asset Seizure

721 Capital Replacement

12,401

TOTAL

 

$855,306

3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2013-14:

114 General Fund Grants [114-20121.3525/114-50183.3525]

$462,359

232 Gas Tax 2106 Fund [232-99999.3525]

347,743

415 Capital Projects Fund [415-99999.3525]

79,355

TOTAL

$889,457

4. Authorize the appropriation of funds in Fiscal Year 2013-14 for items encumbered at June 30, 2013 as detailed in Attachment B and summarized below:

111 General Fund

$52,836

114 General Fund - Grants

6,000

232 Gas Tax 2106 Fund

1,935,383

234 Traffic Mitigation Fund

77,738

262 Plan Local Drain Facility Fund

360,860

281 Narcotics Asset Seizure Fund

8,313

321 Sewer Fund

3,790,801

415 Capital Projects Fund

7,087,715

721 Capital Replacement Fund

131,686

TOTAL

$13,451,332

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 9:   ADOPTION OF A RESOLUTION ESTABLISHING AN AD HOC SUBCOMMITTEE FOR THE SOLID WASTE AND RECYCLING SERVICES COMPETITIVE PROCUREMENT PROCESS.

The Administrative Services Manager provided background information on this item.

Mayor Narain stated that workshop discussion included the formation of an Ad Hoc Subcommittee and shortening the procurement process, and that a better option may be for staff to manage the preliminary work and the entire City Council to make a decision on the consultant. 

Council Member Bailey agreed with Mayor Narain’s suggestion and stated that there may not be a need for an Ad Hoc Subcommittee. 

Mayor Narain asked if an Ad Hoc Subcommittee is not appointed, would the procurement process come before the City Council for approval. 

The City Attorney responded in the affirmative and stated that only two members of the City Council may participate in an Ad Hoc Subcommittee.  He spoke of Brown Act concerns if the intent of the Subcommittee is to reach out the community and that once an Ad Hoc Subcommittee is designated, those members of the City Council need to be circumspect about contacting existing and/or prospective haulers in order for the process to be open and transparent and independently evaluated. 

Mayor Narain directed that no Ad Hoc Subcommittee appointment be made and that the entire City Council be part of the consultant appointment process.  He directed staff to manage the preliminary work and submit it to the City Council for review.

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 the Cypress Employee Appreciation luncheon.  Met with staff regarding maintenance and landscaping throughout the City.  Attended a Cypress College Foundation meeting.  Met with O.C. Fire Authority representatives regarding support services.

Mayor Pro Tem Mills:

Attended the final Concert on the Green.  Represented Cypress at a Change of Command ceremony at the Joint Forces Training Base.  Commented on curb painting notices he has received in his neighborhood and that the City provides this service at no charge.

The Chief of Police stated that residents can contact the Police Department who will then contact the vendors.

The Public Works Director stated that curb numbering is done approximately every five years, and that residents can contact the Maintenance Division for curb painting on an on-call basis. 

Council Member Yarc:

Attended the Cypress Employee Appreciation luncheon.  Attended the Cypress Soroptimist meeting.  Reminded of the Veterans Appreciation Picnic this weekend hosted by the Woman’s Club of Cypress.

Mayor Narain:

Attended an O.C. Sanitation District Board meeting.  Received a plaque on behalf of the City from the Southern California Chapter of the American Public Works Association.  Asked about the Fresh and Easy location on Walker Street and if Trader Joe’s could be approached for tenancy.

The City Manager indicated that the City’s Economic Development staff will send a letter to Trader Joe’s expressing the City’s interest in their business. 

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:04 p.m. in memory of VIP Mike Garrity to Monday, September 23, 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