MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JANUARY 27, 2014

A regular meeting of the Cypress City Council was called to order at 6:00 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
Public Works Director Doug Dancs
City Attorney William Wynder

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956(d)(2), Number of Cases: One. 

At 6:01 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 Mills.

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
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Narain.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Carol Turpen, Orange County Human Relations Commission, provided an annual update for Fiscal Year 2012-2013.  She congratulated the Chief of Police on being an Awards 42 PACE Program award recipient. 

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 Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956(d)(2), Number of Cases: One.  He stated that the Council was briefed on the facts and circumstances which could give rise to an exposure to litigation, and that questions were asked answered.  No reportable action was taken.  

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

Shelley Henderson, Cypress, spoke regarding sponsorship of the Cypress Community Festival and positive economic activity in the City.

Dr. Peter Jupiter, Cypress High School Marching Band, thanked the City Council for their support.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

No items.

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. 1 through 8.

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

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

Item No. 1:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 13, 2014.

Recommendation:   That the City Council approve the Minutes of the Meeting of January 13, 2014, as submitted.

Item No. 2:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 3:   AUTHORIZE AN INCREASE IN ESTIMATED REVENUE AND APPROPRIATION OF FUNDS FOR PUBLIC WORKS PERMIT INSPECTION SERVICES.

Recommendation:   That the City Council: 1) Authorize an increase in Estimated Revenues in the General Fund by $15,000 in Account No. 111-70201.3204 (Street and Curb Permits); and 2) Authorize an appropriation increase in the General Fund in the amount of $15,000 to Account No. 111-70261.4189_010 (Professional Services Inspection) for Public Works Permit Inspection Services.

Item No. 4:   ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2013.

Recommendation:   That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2013.

Item No. 5:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2013.

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

Item No. 6:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 28773 THROUGH 28863.

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. 7:   APPROVAL OF APPROPRIATIONS FROM ACCUMULATED ACUAF SURCHARGE MONIES FOR AN ACUAF PARK IMPROVEMENT PROJECT.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve an appropriation of funds in the amount of $23,500 from the Advisory Committee on Use of Athletic Facilities (ACUAF) accumulated surcharge monies to Account 212-90332.411_500 (Materials – Land Improvements) for an ACUAF approved park improvement project. Of these funds, $21,020 will go towards construction and up to $2,480 will be made available to go towards required fees, permits, and services that are otherwise unable to be waived by the City.

Item No. 8:   ACCEPTANCE OF SENIOR CENTER DONATION AND APPROPRIATION OF $1,000 FOR THE PURCHASE OF ROUND LOBBY TABLES AT THE SENIOR CENTER FACILITY.

Recommendation:   That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $1,000 from Carole Fujishiro-Fukuroku; and 2) Increase estimated revenues in Account No. 212-99999.3713 (Donations) by $1,000 and increase appropriation by $1,000 to Account No. 212-90317.4113 (Small Tools – Senior Activities) for the purchase of round lobby tables for the Senior Center.

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

Council Member Bailey:

Stated that Lucille Kring from Anaheim is the new Chair for the Orange County Vector Control Board, Joe Carchio from Huntington Beach is the new Vice President, and Connie Underhill from Placentia is the incoming Secretary. 

Mayor Pro Tem Johnson:

Attended the Cypress Chamber of Commerce Networking Breakfast.  Attended the Cypress Chamber of Commerce Board of Directors meeting.  Stated that the State of the County luncheon is being held on February 6, 2014 at Old Ranch Country Club. Stated that the Cypress College Americana Awards will be held on February 22, 2014.  Attended the Town Hall meeting held by Assemblywoman Quirk-Silva.  Attended the Holiday Decorating Contest awards reception.  Attended the Cypress State of the City luncheon.  Attended an O.C. Fire Authority Board of Directors meeting.

Council Member Yarc:

Attended the Cypress Chamber of Commerce Networking Breakfast.  Attended the Cypress College Americana Awards Auction Committee meeting.  Attended the Woman’s Club of Cypress Scholarship Committee meeting.  Attended the Cypress Chamber of Commerce Board meeting.  Attended the Town Hall meeting held by Assemblywoman Quirk-Silva.  Attended the Cypress State of the City luncheon.  Attended a Cypress College Board of Directors meeting.  Stated that she was recently appointed by the League of California Cities to be a member of the Community Services Committee.

Council Member Narain:

Congratulated Council Member Yarc on her League of California Cities committee appointment.  Attended the Los Alamitos State of the City luncheon.  Attended an O.C. Sanitation District Board meeting.  Attended the Cypress State of the City luncheon.

Mayor Mills:

Attended the Los Alamitos State of the City luncheon.  Presented the Cypress State of the City address.  Attended an OCCOG Board of Directors meeting.  Spoke regarding an email he received from Brenda West, President, Manhattan Beachwear, indicating that they were able to find a larger location in Cypress.  Asked about the Anaheim Union High School District boundaries.

The Recreation and Community Services Director stated that, as obligated under the California Voting Rights Act of 2001, the Anaheim Union High School District would be required to change the method in which their trustees are elected from the current at-large method to a by-trustee-area method, and that this process will first be used for their board elections in November 2014.  She indicated that in November, AUHSD’s Trustees originally produced three scenarios concerning establishment of the trustee boundaries and that the City opposed Scenario 2 as it proposed to split a good portion of Cypress into two different trustee boundary areas.  She stated that the AUHSD Board of Trustees adopted Scenario 3 to use for their future Board elections and that this scenario keeps the City’s boundaries largely intact and under governance of a single Trustee.  She indicated that while a change to AUHSD’s election model would typically be required to receive voter approval by those living within all of AUHSD’s boundaries, the Board has chosen to apply for an election waiver by the State Board of Education in order to save costs for a special election.  She informed that details of the proposed map, and a summary of the schools and communities within the boundaries, can be found on the school district’s website.

ITEMS FROM CITY MANAGER: 

The City Manager reported on the status of the trash consultant and compliance audit process.  He stated that five proposals were received for the trash consultant and seven proposals were received for the compliance audit process.  He stated that oral interviews and reference checks were done for both processes, and that the firms have been ranked and that discussions with the top ranking firm would be scheduled for a future City Council meeting. 

Council Member Yarc asked if voting on the consultant would be placed on the next City Council agenda.

The City Manager responded in the affirmative, and stated that a draft contract would be available for the City Council’s review and approval, if they so desire. 

Council Member Yarc asked if it is appropriate for her to contact the consultants to ask questions that she is unsure were addressed in the interview process.

Council Member Bailey commented that he understood that the City Council as a whole would make the consultant selection.  He stated that he received copies of the proposals this past Friday and has begun to read through them, and stressed the importance of a long-term franchise agreement and the importance of it being a good partnership with the City.  He commented that he would like to be more involved in determining the criteria and speaking to the consultants. 

The City Manager stated that at the next City Council meeting, the preferred top firms would be presented to the City Council.  He stated that quality is preferred over price, and that only the top ranking firm’s price has been disclosed.  He indicated that the top firm could be discarded, if City Council so desires, and go to the next firm, which would be standard practice. 

Council Member Narain asked how the City Council would go about finding more information on the firms. 

The City Manager responded that the City Council could interview all of the consultants, only the top two, or interview the top firm at the next City Council meeting. 

The City Attorney stated that the recent City Manager’s Memo describes the legislative history and the process.  He stated that this is not a Public Works contract so a contract does not have to be awarded to the lowest monetary bidder.  He clarified that this is a request for qualifications in that qualifications of the proposers would be independently evaluated irrespective of the monetary proposal submitted.  He stated that in the judgment of whoever the decision maker is, the most qualified firm’s financial proposal would be opened and a contract would be negotiated.  He clarified that, at this time, the City Council is selecting the vendor who will manage the procurement process, who will then involve the City Council in the trash franchise agreement. 

Council Member Bailey stated that the submitting firms negotiated contracts in Orange County and that he would like to speak to them. 

The City Attorney stated that the City Council could direct staff to schedule interviews with some or all of the vendors as an entire City Council, which would be a City Council meeting open to the public.  He stated that City staff reviewed each of the proposals for compliance with the request for proposals and that following City Council’s decision to not form an ad hoc Committee, all of the proposers were interviewed and ranked by a panel that consisted of the City Attorney, the Administrative Services Manager, and the Assistant Finance Director for the compliance examination process.  He stated that for the procurement vendor, the Director of Public Works, City Attorney, and Administrative Services Manager participated.  The City Attorney stated that the City Council could do its own process, however negotiating needs to be stopped and agendized at a future City Council meeting. 

Council Member Yarc expressed concern about the time the project has taken and that staff has more information than the City Council.  She commented that the City Council wants to be intimately involved in the process because it would be a 20-25 year contract and a controversial topic.  She commented that she understood that staff would determine if the firms are qualified then the City Council would be involved in selecting the firms.  She commented that she would have liked to have had the opportunity in asking questions of and choosing the consultants.  She asked if it would be appropriate for her to contact the qualified firms. 

Mayor Mills asked if a workshop would be an appropriate opportunity for questions and answers of the firms. 

The City Attorney commented that the evaluation process could be difficult if five City Council Members contact some of the vendors and each City Council Member asked different questions. 

Council Member Narain commented that staff has done an extensive amount of work with the process and asked if questions could be submitted to staff for asking. 

The City Attorney stated that, if most or all of the City Council Members want to interview some or all of the candidates by telephone, this is not a good process.  He suggested that a discussion about the process that the City Council wants to follow for selecting the consultants should be agendized for public discussion. 

The City Manager responded that the process should be an agenda item and that interviews be done in a workshop format.  He recommended that the City Council have a future agenda item with a couple of variations, clarify the process, then move forward.

Council Member Yarc asked how the Brown Act would be violated if the City Council Members are asking questions of the firms and not talking among themselves. 

The City Attorney responded that it would not violate the Brown Act, however the process would be lengthened.  He stated that the process has been handled meticulously and thoroughly, and that there is still time to go through the procurement and audit process should City Council wish to interview candidates and not delay the process of selecting and procuring a consultant. 

Council Member Narain clarified that if the City Council does not approve of staff’s recommendation, they could start their own process.

The City Manager responded that a workshop is not designed to work out the process but to interview the consultants.  He stated that the decision on how the process goes forward has to be agendized at a regularly scheduled City Council meeting. 

The City Attorney stated if the City Council is comfortable with the staff-driven process that is reaching a potential conclusion to recommend a vendor to conduct a compliance audit, staff would proceed forward and negotiate that contract and bring it to the City Council for approval. 

The City Attorney stated that it appears that the City Council still wants to discuss the process of interviewing all or some of the procurement vendors and that the item would be on the next City Council Agenda and the City Council would discuss the interview options. 

Mayor Mills clarified that, in the interim, Council Members should not take it upon themselves to contact the consultants. 

Council Member Yarc asked if it is appropriate to contact other cities and/or other City Council Members for reference checks on the consultants. 

The City Attorney responded in the affirmative. 

ADJOURNMENT: Mayor Mills adjourned the meeting at 7:51 p.m. to Monday, February 10, 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