MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JANUARY 13, 2014

A regular meeting of the Cypress City Council was called to order at 7:00 p.m. by Mayor Mills in the Council Chambers, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Leroy Mills
Mayor Pro Tem Rob Johnson
Council Member Doug Bailey
Council Member Prakash Narain
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 Finance Director Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Redevelopment Project Manager Steve Clarke
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Mayor Mills presented a Certificate of Special Recognition to Principal Ben Sanchez, Oxford Academy, on being named a 2013 National Blue Ribbon School.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

No items.

Mayor Mills stated that Agenda Item No. 1, at the request of the applicant, will be continued to a future date and is taken off calendar at this time.  He indicated that the public and surrounding residents and businesses would be notified of the new public hearing date. 

The City Attorney stated that with respect to Agenda Item No. 1, if the matter is agendized for a future hearing and is re-noticed, Council Member Narain, who owns real property located within 500 feet of the subject property, would recuse himself and not participate in the making or consideration in the making of any decision on that application. 

ORAL COMMUNICATIONS:   LIMITED TO ONE-HALF HOUR.  (THREE MINUTES PER SPEAKER, SPEAKING ONCE.)

Mayor Mills asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.

Jenelle Godges, Southern California Edison, spoke regarding the Cypress College Americana Awards.

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

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

Michael Quibuyen, Assemblywoman Sharon Quirk-Silva’s Office, spoke regarding an upcoming Community Forum being held at the Cypress Community Center on January 18, 2014.

Council Member Narain recused himself from the Council Chambers prior to public comments made regarding Agenda Item No. 1.

The following spoke in opposition to Agenda Item No. 1:

Richard Finck, Cypress
Rob Cadle, Cypress
Maureen O’Hearn, Cypress
Victor Ragone, Bonded Cleaners, Cypress

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. 2013-10, A REQUEST TO REMODEL THE EXISTING CYPRESS VILLAGE SHOPPING CENTER LOCATED AT 9515-9575 VALLEY VIEW STREET IN THE CG COMMERCIAL GENERAL/CC CIVIC CENTER COMBINING ZONE.

Mayor Mills stated that, at the request of the applicant, this item will be continued to a future date and is taken off calendar at this time.

Council Member Narain returned to the dais.

Item No. 2:   PUBLIC HEARING REGARDING REVIEW OF THE FISCAL YEAR 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION.

The Redevelopment Project Manager provided background information on this item.

The public hearing was opened.

Mayor Mills 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 Mayor Pro Tem Johnson, that the City Council: 1) Hold a public hearing to review the project list proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2014-2015 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, approving the City’s participation in the Fiscal Year 2014-2015 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council.

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

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

RESOLUTION NO. 6403

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR
2014-2015 HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.

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 Council Member Narain and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 3 through 16.

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

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

Item No. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF DECEMBER 9 AND DECEMBER 19, 2013.

Recommendation:   That the City Council approve the Minutes of the Meetings of December 9 and December 19, 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:   SECOND READING OF AN ORDINANCE AMENDING PORTIONS OF CHAPTER 17-74 OF THE CYPRESS MUNICIPAL CODE REGARDING REGISTERED SEX OFFENDER RESTRICTIONS.

Recommendation:   That the City Council adopt the Ordinance by title only, amending portions of Chapter 17-74 of the Cypress Municipal Code.

ORDINANCE NO. 1142

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING PORTIONS OF CHAPTER 17-74 OF THE
CYPRESS MUNICIPAL CODE.

Item No. 6:   ACCEPTANCE OF THE VALLEY VIEW STREET AND LINCOLN AVENUE OVERLAY PROJECT, STATE-LOCAL PARTNERSHIP PROGRAM (SLPP), PUBLIC WORKS PROJECT NO. 89.

Recommendation:   That the City Council: 1) Accept the Valley View Street and Lincoln Avenue Overlay Project, State-Local Partnership Program (SLPP), Public Works Project No. 89, as being satisfactorily completed in conformance with the project specifications, in the final amount of $366,740.48; and 2) Approve the final retention payment of $18,337.02 to R.J. Noble Company, Orange, California, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

Item No. 7:   ACCEPTANCE OF THE 2012/13 ARTERIAL OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 94.

Recommendation:   That the City Council: 1) Accept the 2012/13 Arterial Overlay Project, Public Works Project No. 94, as being satisfactorily completed in conformance with the project specifications, in the final amount of $814,616.57; and 2) Approve the final retention payment of $40,730.84 to R.J. Noble Company, Orange, California, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

Item No. 8:   APPROVE PLANS AND SPECIFICATIONS AND AWARD A SOLE-SOURCE PROCUREMENT CONTRACT PURSUANT TO CYPRESS MUNICIPAL CODE (CMC) SECTION 21A-18 FOR MYRA AVENUE PUMP STATION NO. 3, PUBLIC WORKS PROJECT NO. 22.

Recommendation:   That the City Council: 1) Approve the plans and specifications for the Myra Avenue Pump Station No. 3 Project, Public Works Project No. 22; and 2) Dispense with the formal bidding procedure pursuant to CMC Section 21A-18 and award a sole-source contract for procurement of pumps, motors, and drives for the Myra Avenue Pump Station No. 3 Project, Public Works Project No. 22, in the amount of $397,666 to Flo-Systems, Inc. (Flo-Systems), Burbank, California; authorize a contingency of $39,800 (10% of contract amount); and direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 9:   ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council receive and file the report.

Item No. 10:  ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS’ APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Applied to the City of Cypress’ Appropriations Limit Worksheet for the Year Ended June 30, 2013.

Item No. 11:  ACCEPTANCE OF THE AUDIT LETTER AND AUDIT REPORT TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council receive and file the Auditor’s Letter to the City Council.

Item No. 12:  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2013.

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

Item No. 13:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 28453 THROUGH 28772.

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

Recreation and Park District Matters:

Item No. 14:  ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District, receive and file the report.

Item No. 15:  ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District’s Appropriations Limit Worksheet for the Year Ended June 30, 2013.

Item No. 16:  ACCEPTANCE OF BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRAM.

Recommendation:   That the City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $3,000 from the Bandai Foundation via the Cypress Children’s Advocacy Council; and 2) Increase estimated revenue in 212-99999.3713 (Donations) by $3,000 and increase appropriations by $2,300 to 212-90310.4103_004 (Activity Supplies) and $700 to 212-90310.4104_015 (Activity Clothing) for the purchase of supplies, uniforms and staff/coaches’ shirts.

END OF CONSENT CALENDAR

NEW BUSINESS:

Item No. 17:  CONSIDERATION OF SUBMITTING A LETTER TO THE ASSOCIATION OF CALIFORNIA CITIES – ORANGE COUNTY. (MAYOR MILLS)

Mayor Mills stated that he made a formal public records request of the Association of California Cities – Orange County to provide the names of the staff members from the group’s inception, including the month and year at which they came onboard, and the month and year at which they departed the agency.  He indicated that e-mails and press releases indicated that many of the ACC-OC staff had been with the agency for a short time and it raised questions with him about the dynamics of the organization.  He stated that the agency CEO advised him that the information he requested was privileged and confidential. 

The City Attorney stated that it was determined that the information requested should have been disclosed by the ACC-OC.  He indicated that the City’s annual dues are up for renewal and that an option would be to withhold the dues until the basic questions are answered, and that the City Council may consider whether membership is warranted. 

Council Member Yarc stated that she is unsure of the need to have the requested employee information.  She stated that if the organization is not doing a good job and is suffering from a lack of stability and staff, she would support withholding membership renewal, however to force them to produce records that their lawyer has said they do not need to produce, raises concern.  She stated that she is not comfortable with sending a letter to the ACC-OC regarding the organization’s practice of withholding personnel information. 

Council Member Narain stated that he is in partial agreement with Council Member Yarc, however he indicated that the longevity of staff is necessary and questioned how well the organization is being managed.  He asked about membership benefits. 

Council Member Bailey stated that he concurs with Council Member Narain on the lack of membership benefits and asked about private partner members.  He commented that he would rather not renew the membership due to lack of ACC-OC staff stability. 

Mayor Pro Tem Johnson commented on the limited information he received while recently conducting background checks for his company.

Council Member Bailey asked Mayor Mills what actions would be taken should it be determined that that ACC-OC has a high staff turnover rate. 

Mayor Mills responded that if staff turnover is significant, membership continuation should be considered. 

Council Member Narain commented that he has been very dissatisfied with the ACC-OC and is unclear as to the value of membership.

Mayor Mills asked the City Manager for comments regarding staff’s value of the ACC-OC membership resources. 

The City Manager responded that there have been no benefits to the City. 

It was moved by Council Member Bailey and seconded by Council Member Yarc, that the City Council not renew its membership with the Association of California Cities – Orange County.

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

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

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

Council Member Narain:

Attended a SCAC meeting.  Asked about the City’s senior citizens nutrition program.

The Recreation and Community Services Director stated that Cypress’ senior citizens nutrition program cuts have been minimal compared to other cities. 

Council Member Bailey:

Wished everyone a Happy New Year.

Mayor Pro Tem Johnson:

Wished everyone a Happy New Year.  Attended the Cypress Chamber of Commerce Holiday Extravaganza.  Attended the Holiday Sing at the Civic Center. 

Mayor Mills:

Attended the Cypress Chamber of Commerce Holiday Extravaganza.  Presided over the installation of new officers for the Los Alamitos-Rossmoor Republican Woman’s Club.  Attended the Los Alamitos and La Palma City Council meetings in support of their City Council reorganizations.  Attended the SCAG Regional Council and Transportation Committee meetings.  Attended the OCCOG Executive Management Committee meeting.

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the State of the City luncheon to be held at the Cypress Community Center on January 22, 2014. 

Mayor Mills asked the City Attorney about the recent court case as it relates to the City’s registered sex offender ordinance. 

The City Attorney replied that the issue that was resolved by the Court of Appeals could potentially, if not accepted and reversed by the California Supreme Court, impact the proximity restrictions that are contained in the Cypress Ordinance.  He indicated that issues pending before the California Supreme Court are early in the process and that an unpublished opinion is not binding and cannot be cited. 

ADJOURNMENT: Mayor Mills adjourned the meeting at 8:04 p.m. to Monday, January 27, 2014, 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