MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD OCTOBER 14, 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
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 Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Karla Ramirez and Mario Ramirez v. City of Cypress, et al., Case No. 30-2012-00576917, Orange County Superior Court. 

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: Executive Management, Mid-Management, Non-Represented. 

At 6:03 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
Assistant Finance Director Matt Burton
Recreation Superintendent Dena Diggins
Assistant City Engineer Kamran Dadbeh
Redevelopment Project Manager Steven Clarke
Planning Manager Doug Hawkins
Building Official Bob Decker
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 Mayor Narain.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Assemblywoman Sharon Quirk-Silva made a State of the State presentation. 

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 status report was provided 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), Karla Ramirez and Mario Ramirez v. City of Cypress, et al., Case No. 30-2012-00576917, Orange County Superior Court.  He stated that the City Council was briefed on the terms and conditions of a settlement agreement between all parties, and that the City Council was provided with a copy of the settlement agreement.  He indicated that the City Manager was given authorization to execute the settlement agreement, and that the settlement agreement will become available for public inspection when executed by all parties. 

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: Executive Management, Mid-Management, Non-Represented.  He stated that the City Council gave direction to its labor negotiator with respect to further labor negotiations. 

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

The Chief of Police introduced a delegation of visiting Police Officers from the Central Asian nation of Tajikistan.

The Public Works Director provided an update on the Prologis property.  He indicated that Prologis has informed staff of their intent to no longer develop the site with the warehousing as described in their submitted applications but rather their intent was to go for allowed uses such as commercial and senior housing that are identified within the specific plan.  He stated that staff, in consultation with the City Attorney, returned all of their development applications, meaning that any new development for that property site would require all new applications, environmental and required notifications for such.  He stated that last week, Prologis informed staff of their intent to have the property revert back to the seller.  He commented that staff expects within the coming weeks to receive further verification that Prologis will no longer own or develop that property.  He indicated that any new development at that site by any property developer will require new applications, a new environmental process, new required notifications, and a new reimbursement agreement with full cost recovery to the City. 

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.

Art Smalley, Cypress, spoke regarding restrictions on pets in the City.

Robert Hanford, Golden State Water Company, spoke regarding annexations.

Lisa Keating, HF & H Consultants, spoke regarding the City’s solid waste contract.

Enrique Vazquez, Sloan Vazquez, spoke regarding the City’s solid waste contract.

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. 2013-06 AND TENTATIVE TRACT MAP NO. 17650, A REQUEST BY BONANNI DEVELOPMENT TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FOUR CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8612 LA SALLE STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE.

The Assistant Planner provided background information on this item.

The public hearing was opened.

The applicant, Ed Bonanni, stated that he accepts the conditions of approval.

Mayor Pro Tem Mills asked about making the driveway apron slope more benign.

Mr. Bonanni stated that he would take that into consideration.

Mayor Narain asked if there was anyone who wished to speak on this 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 Resolutions by title only, approving Conditional Use Permit No. 2013-06 and Tentative Tract Map No. 17650, subject to the conditions in Exhibit “A” of the Resolutions.

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. 6383

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013-06
– WITH CONDITIONS.

RESOLUTION NO. 6384

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 17650
– WITH CONDITIONS.

Item No. 2:     PUBLIC HEARING REGARDING THE ADOPTION OF THE PROPOSED 2014-2021 HOUSING ELEMENT UPDATE OF THE CYPRESS GENERAL PLAN, AND FOCUSED AMENDMENTS TO THE LAND USE AND SAFETY ELEMENTS RELATED TO FLOODING.

The Associate Planner provided background information on this item.

Council Member Bailey asked about the number of affordable housing units needed for the previous Housing Element update and of the City’s obligation. 

The Associate Planner replied that 451 affordable housing units were needed in the previous Housing Element update and that the Southern California Association of Governments (SCAG) conducts the Regional Housing Needs Assessment (RHNA) for the Southern California region based on local projections and build out.  She clarified that it is the City’s obligation to provide only the zoning for the proper number of units. 

Council Member Bailey commented on the median housing price in the City and that 80% of homes in the City are 30+ years old. 

The public hearing was opened.

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

The public hearing was closed.

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council: 1) Adopt the Resolution by title only, adopting the 2014-2021 Housing Element Update of the Cypress General Plan, and focused amendments to the Land Use and Safety Elements related to flooding; and 2) Adopt the associated Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act.

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. 6385

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING THE 2014-2021 UPDATE AMENDMENT OF THE
HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF
CYPRESS, AND ADOPTING FOCUSED AMENDMENTS TO THE
LAND USE AND SAFETY ELEMENTS RELATED TO FLOODING,
AND ADOPTING THE ASSOCIATED MITIGATED NEGATIVE
DECLARATION FOR THE SAME AMENDMENTS TO THE
GENERAL PLAN.

JOINT PUBLIC HEARING WITH THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY:

Item No. 3:     JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF THE EXECUTION AND RECORDATION OF A GRANT DEED TO FORMALIZE THE TRANSFER OF OWNERSHIP OF A 1.1 ACRE PARCEL FROM THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY TO THE CITY OF CYPRESS IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY.

The Redevelopment Project Manager provided background information on this item.

Council Member Yarc asked if the property has been accepted by the State as a housing asset of the City.

The Redevelopment Project Manager responded that the Department of Finance has accepted the property as a housing asset of the City. 

The public hearing was opened.

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

Steve Mauss, Cypress, asked if there were sales tax implications to the City for the transfer.

The Redevelopment Project Manager replied that because the City is a public agency, property taxes for the property were waived upon the purchase in 2003. 

The public hearing was closed.

It was moved by Council/Agency Member Bailey and seconded by Council/Agency Member Johnson, that the City Council/Successor Agency to the Dissolved Cypress Redevelopment Agency: 1) Hold a Joint Public Hearing on the matter of formalizing the transfer of the 1.1 acre parcel located at 5732 Lincoln Avenue, which is reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as Housing Successor to the Dissolved Cypress Redevelopment Agency; and 2) Adopt the Resolution of the Successor Agency to the Dissolved Cypress Redevelopment Agency by title only, approving the execution and recordation of a grant deed to formalize the transfer of the 1.1 acre parcel at 5732 Lincoln Avenue, reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as the Housing Successor to the Dissolved Cypress Redevelopment Agency; and 3) Adopt the Resolution of the City Council of the City of Cypress by title only, approving the execution and recordation of a grant deed to formalize the transfer of the 1.1 acre parcel at 5732 Lincoln Avenue, reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as Housing Successor to the Dissolved Cypress Redevelopment Agency, and finding the transfer to be exempt from the requirements of CEQA.
The motion was unanimously carried by the following roll call vote:

AYES:       5    COUNCIL/AGENCY MEMBERS:    Yarc, Johnson, Bailey, Mills and Narain
NOES:      0    COUNCIL/AGENCY MEMBERS:    None
ABSENT: 0    COUNCIL/AGENCY MEMBERS:    None

RESOLUTION NO. SA - 5

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
DISSOLVED CYPRESS REDEVELOPMENT AGENCY APPROVING
THE EXECUTION AND RECORDATION OF A GRANT DEED TO
TRANSFER LEGAL TITLE OF 5732 LINCOLN AVENUE, RESERVED
FOR AFFORDABLE HOUSING PURPOSES, TO THE CITY OF CYPRESS
AS HOUSING SUCCESSOR TO THE DISSOLVED CYPRESS
REDEVELOPMENT AGENCY, AND FINDING THE TRANSFER TO BE
EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

RESOLUTION NO. 6386

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE EXECUTION AND RECORDATION OF A GRANT
DEED TO TRANSFER LEGAL TITLE OF 5732 LINCOLN AVENUE,
RESERVED FOR AFFORDABLE HOUSING PURPOSES, TO THE CITY OF
CYPRESS AS HOUSING SUCCESSOR TO THE DISSOLVED CYPRESS
REDEVELOPMENT AGENCY, AND FINDING THE TRANSFER TO BE
EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

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 Yarc stated she would be abstaining from Agenda Item No. 4 due to her absence from the meeting.

It was moved by Mayor Narain and seconded by Council Member Johnson, to approve Consent Calendar Items No. 4 through 14.

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. 4:     APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 23, 2013.

Recommendation:    That the City Council approve the Minutes of the Meeting of September 23, 2013, as submitted, with Council Member Yarc abstaining due to her absence from the meeting.

Item No. 5:     MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 6:     PROCLAIMING THE WEEK OF OCTOBER 6-12, 2013 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS.

Recommendation:    That the City Council officially proclaim the week of October 6-12, 2013 as “Fire Prevention Week” in the City of Cypress.

Item No. 7:     PROCLAIMING THE WEEK OF OCTOBER 19-27, 2013 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS.

Recommendation:    That the City Council officially proclaim the week of October 19-27, 2013 as “Red Ribbon Week” in the City of Cypress.

Item No. 8:     ADOPTION OF AMENDMENT NO. 3 TO OCTA MASTER FUNDING AGREEMENT NO. C-1-2760.

Recommendation:    That the City Council adopt Amendment No. 3 to Master Funding Agreement No. C-1-2760 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement.

Item No. 9:     ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT GRANT PROGRAM FOR 2013-2014.

Recommendation:    That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Grant signature authority to the positions of City Manager, Finance Director, or Police Chief to execute such contracts as necessary; and 3) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the Fiscal Year 2013-2014 General Fund-Grants Fund for the grant total of $33,700; and 4) Approve appropriations in Fiscal Year 2013-2014 in the General Fund-Grants Fund and the City’s Equipment Replacement Fund as follows: 114-50183.4003_021 (Overtime) in the amount of $28,800 and in 721-95300.4305_200 in the amount of $4,900 for safety equipment; and 5) Approve the transfer of $4,900 from the General Fund (114-99999.4501_721) to the City’s Equipment Replacement Fund (721-99999.3901_114).

Item No. 10:   RETIREMENT OF POLICE SERVICE DOG ARIS.

Recommendation:    That the City Council: 1) Authorize the retirement of Police Service Dog Aris; and 2) Transfer ownership of PSD Aris, and release all liability to the Police Department’s current trainer and sole source vendor, Dave Inglis of Inglis Police Dog Academy, for the sum of one (1) U.S. dollar.

Item No. 11:   ADOPTION OF A RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2013 THROUGH JUNE 30, 2016.

Recommendation:    That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, and Memorandum of Understanding between the City of Cypress and the Cypress Police Officers’ Association.

RESOLUTION NO. 6387

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 OFFICERS’
ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE
BENEFITS AND CONDITIONS OF EMPLOYMENT.

Item No. 12:   APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2012-13.

Recommendation:    That the City Council approve additional appropriations and estimated revenues for Fiscal Year 2012-13 as follows:

1) Additional Appropriations from the unassigned fund balance of the General Fund to:

Account 111-10105.4189_005 (Litigation Services)                          $    83,200
Account 111-20270.4188_007 (Animal Control Services)                       26,300
Account 111-65243-6243.4189_010 (Inspection Services)                    21,200
Account 111-65243-6244.4189_010 (Inspection Services)                      3,400
Account 111-65243-6245.4189_010 (Inspection Services)                      6,050
Account 111-65247.4189_006 (Plan Check Services)                            12,700
Account 111-70228-7228.4202 (Water)                                                     66,100
Account 111-70228-7229.4202 (Water)                                                       7,250
Account 111-70228-7232.4202 (Water)                                                     12,050

2) Increase Estimated Revenues in the General Fund to:

Account 111-65241.3200 (Building Permits)                                       $    66,800
Account 111-65241.3201 (Plumbing/Heating Permits)                            14,900
Account 111-65241.3202 (Electrical Permits)                                           11,800
Account 111-65241.3620 (Building Plan Check Fees)                            41,100

3) Additional Appropriations from the fund balance of the Low and Moderate Housing Assets Fund to:

Account 471-62198.4001 (Regular Salaries)                                       $   20,990
Account 471-62198.4006 (Fringe Applied)                                                14,850
Account 471-62198.4156_500 (Maintenance Services)                            1,400
Account 471-62198.4189_004 (Legal Services)                                            800

4) Additional Appropriations from the fund balance of the Print Shop Fund to:

Account 712-20601.4001(Regular Salaries)                                        $     6,500
Account 712-20601.4006 (Fringe Applied)                                                18,550

Item No. 13:   RESOLUTION ADOPTING THE MEASURE M2 ANNUAL EXPENDITURE REPORT FOR FISCAL YEAR 2012-13.

Recommendation:    That the City Council, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, providing the required annual Expenditure Report for Measure M2 Funds to the Orange County Transportation Authority (OCTA) for the fiscal year ended June 30, 2013.

RESOLUTION NO. 6388

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CONCERNING THE MEASURE M2 FISCAL YEAR ENDED
JUNE 30, 2013 EXPENDITURE REPORT FOR THE CITY OF
CYPRESS, CALIFORNIA.

Item No. 14:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 27465 THROUGH 27806.

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

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 15:   AUTHORIZE THE ISSUANCE OF A REQUEST FOR STATEMENT OF QUALIFICATION (SOQ) FOR PROFESSIONAL CONSULTING SERVICES IN THE PREPARATION OF SOLID WASTE AND RECYCLING REQUEST FOR PROPOSALS AND IN DRAFTING SOLID WASTE AND RECYCLING AGREEMENT(S).

The Administrative Services Manager provided background information on this item.

Council Member Bailey asked for clarification in regard to the suggested items to be included in the Statement of Qualification (SOQ).

The Administrative Services Manager indicated that those items were from the August 26, 2013 Workshop, and that the draft SOQ is an attachment to the Agenda Report. 

Mayor Narain clarified that criteria for a consultant, not criteria for the RFP, is being sought by the City Council.  He indicated that once a consultant is selected, then the RFP process will be discussed. 

Council Member Yarc asked about a timeline for the consultant.

The Administrative Services Manager stated that once the consultant is selected, City Council direction will be sought for the completion of the process. 

Council Member Johnson asked who the contact person would be. 

The Administrative Services Manager indicated that he would be the contact person.

It was moved by Council Member Bailey and seconded by Council Member Johnson, that the City Council authorize the issue of a request for Statement of Qualification (SOQ) for professional consulting services in the preparation of solid waste and recycling request for proposals and in drafting solid waste and recycling agreement(s).

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. 16:   AUTHORIZE THE ISSUANCE OF A REQUEST FOR STATEMENT(S) OF QUALIFICATION(S) (SOQ) FOR PROFESSIONAL CONSULTING SERVICES FOR THE COMMERCIAL SOLID WASTE AND RECYCLING SERVICES FRANCHISE AGREEMENTS COMPLIANCE EXAMINATION.

The Administrative Services Manager provided background information on this item.

Council Member Yarc asked if the City Council would be allowed to change the guidelines and spoke of concerns regarding a two-year audit, and that she would like the ability to go back further.

The Administrative Services Manager stated that initiating an examination may only be done per what is written in the contracts. 

Council Member Yarc asked if the City benefits from residential services. 

The Administrative Services Manager responded that residential and commercial are two different franchise agreements, and what is being asked for is to review the service and the proper remittance of fees. 

Council Member Bailey asked if the City is being properly compensated in regard to green waste recycling. 

The Administrative Services Manager indicated that commercial customers are billed directly. 

The Director of Finance and Administrative Services stated that the City receives franchise fees for the recyclable commercial separately, and that residential is not audited. 

Council Member Bailey asked if the City gets compensated for bin rentals.

The Director of Finance and Administrative Services responded in the affirmative. 

The City Attorney indicated that the Request for Qualifications states that the compliance examination applies to both commercial and residential.

Council Member Johnson asked if one consultant would be retained for Items No. 15 and 16, of if they would be done separately. 

The Administrative Services Manager responded that each item would be consulted separately. 

It was moved by Mayor Narain and seconded by Council Member Johnson, that the City Council authorize the issuance of a request for Statement(s) of Qualification(s) (SOQ) for professional consulting services for the exclusive commercial solid waste and recycling services franchise agreements compliance examination.

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. 17:   VETERAN RECOGNITION PROGRAM.

The City Clerk provided background information on this item.

Mayor Narain appointed Mayor Pro Tem Mills and Council Member Yarc to serve on the Veteran Recognition Program Subcommittee.

Mayor Pro Tem Mills recommended the following changes:  Outline Item #2 to read, “In general, veterans will meet the above eligibility….”; The final selection will be at the discretion of the Subcommittee; Outline Item #3, the words “more or less” added following the word conducted; and that the Recognition Form indicate that the nomination may be “more or less” 250 words. 

It was moved by Mayor Narain and seconded by Council Member Johnson, that the City Council: 1) Approve the Veteran Recognition Program; and 2) Confirm the Mayor’s appointment of Mayor Pro Tem Mills and Council Member Yarc  to serve on the Veteran Recognition Subcommittee.

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. 18:   INTRODUCTION AND FIRST READING OF ORDINANCES ADOPTING THE 2013 CALIFORNIA MODEL BUILDING, ELECTRICAL, PLUMBING, AND FIRE CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS AND SETTING A PUBLIC HEARING DATE.

The Building Official provided background information on this item.

Council Member Bailey asked if the City is compelled to adopt the Code Amendments when the Orange County Fire Authority has updates. 

The Building Official stated that the City works in conjunction with the Orange County Fire Authority in order to maintain consistency within the County. 

It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City Council introduce for first reading by title only, and simultaneously set for public hearing, the four ordinances adopting the current model Building, Electrical, Plumbing, and Fire Codes, with amendments, for the City of Cypress.

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 SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE
CYPRESS MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE
THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO:
THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013
EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2013 EDITION
OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2013
EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 1997 EDITION
OF THE UNIFORM HOUSING CODE, THE 1997 EDITION OF THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, AND REPEALING ORDINANCE NO. 1120.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND
THEREBY ADOPTING BY REFERENCE THE CALIFORNIA ELECTRICAL
CODE, 2013 EDITION, WITH CERTAIN AMENDMENTS AND
REPEALING ORDINANCE NO. 1121.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND
THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES
WITH CERTAIN AMENDMENTS THERETO: THE 2013 EDITION OF
THE CALIFORNIA PLUMBING CODE, THE 1997 EDITION OF THE
UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE
1997 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE
UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION
STANDARDS AND REPEALING ORDINANCE NO. 1122.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING SECTION 5-3 OF CHAPTER 5 OF THE CYPRESS
MUNICIPAL CODE, AND THEREBY ADOPTING BY REFERENCE
THE FOLLOWING CODE WITH CERTAIN AMENDMENTS THERETO:
THE 2013 EDITION OF THE CALIFORNIA FIRE CODE AND
REPEALING ORDINANCE NO. 1123.

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.

It was moved by Agency Member Bailey and seconded by Agency Member Mills, to approve Consent Calendar Item No. 19.

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

AYES:          5     AGENCY MEMBERS:     Yarc, Johnson, Bailey, Mills and Narain
NOES:          0     AGENCY MEMBERS:     None
ABSENT:     0     AGENCY MEMBERS:     None

Consent Calendar:

Item No. 19:   ADOPTION OF THE FISCAL YEAR 2012-13 AND FISCAL YEAR 2013-14 ADMINISTRATIVE BUDGET FOR THE CYPRESS SUCCESSOR AGENCY.

Recommendation:That the Successor Agency: 1) Adopt the administrative budget for the Successor Agency for the two six-month periods of July 1-December 31, 2012 and January 1-June 30, 2013 (i.e., Fiscal Year 2012-2013); and 2) Adopt the administrative budget for the Successor Agency for the two six-month periods of July 1-December 31, 2013 and January 1-June 30, 2014 (i.e., Fiscal Year 2013-2014).

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 SPIRIT/AGENT program.  Attended an O.C. Transportation Authority meeting.  Attended an O.C. Fire Authority Board meeting.  Asked the Chief of Police regarding the use of seat belts by City personnel.

The Chief of Police stated that supervisors insure that sworn and civilian personnel follow the seat belt laws, and that the Police Department and Public Works Department work together on vehicle safety. 

Spoke regarding the Vans Gives Back Day at Arnold/Cypress Park.  Attended the Boys & Girls Club of Cypress’ visit by their National Director.  Attended Relay for Life at the former Cawthon Elementary School site.  Attended a mass at St. Ireneaus Church for Cypress resident Patricia Christopher.  Attended a Water Advisory Committee of Orange County (WACO) meeting.  Attended the St. Irenaeus Church blessing of the pets.  Attended the memorial service for VIP Mike Garrity at the Cypress Community Center.  Participated in the Long Beach marathon.

Mayor Pro Tem Mills:

Attended an OCCOG Board of Directors meeting.  Attended an ACC-OC Legislation and Regulatory Committee meeting.  Attended a SCAG District Evaluation meeting. Attended the memorial service for VIP Mike Garrity at the Cypress Community Center. Attended an OCCOG Executive Management meeting.  Congratulated Christie Digital Systems USA Inc. on their joint venture with Disney.  Congratulated Cypress College for professors being ranked in 7th place among all junior and community colleges within the nation.  Congratulated Dr. Andrew Jenks, Cypress resident and CSULB professor, for being named an Aerospace Fellow by the American Historical Association and National Aeronautics and Space Administration (NASA).

Mayor Narain:

Attended an O.C. Sanitation District Board meeting.  Attended an O.C. Sanitation District workshop.  Attended an O.C. Sanitation District Administrative Committee meeting.  Attended Relay for Life at the former Cawthon Elementary School site. Attended the Cypress Job Fair.

Council Member Yarc:

Attended the Woman’s Club of Cypress’ inspiration breakfast.  Attended the California Federation of Woman’s Clubs in Sacramento.  Attended a Breast Cancer Awareness Lunch at the Cypress Senior Citizens Center.  Attended an O.C. Public Library Advisory Board meeting.  Attended the Cypress College President’s Night at the Campus Theater.  Volunteered at the Cypress Library annual book sale.  Reminded of the Women’s Conference next Tuesday at the Cypress Community Center.

Mayor Pro Tem Mills spoke regarding staff member John Olson speaking on October 16, 2013 at the Cypress Senior Citizens Center on the history of Cypress.  He indicated that Professor Halahmy, Cypress College, would be lecturing on October 25, 2013 at the Cypress Senior Citizens Center. 

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Narain adjourned the meeting at 8:25 p.m. in memory of Patricia Christopher to Monday, October 28, 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