MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD FEBRUARY 24, 2014

A regular meeting of the Cypress City Council was called to order at 6:30 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
Assistant Finance Director
Human Resources Manager Cathy Thompson

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

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), Davis v. City of Cypress, WCAB No. ADJ8563457, Claim No. 12-114533. 

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), DeYoung v. City of Cypress, WCAB No. ADJ8874505, Claim No. 13-115580. 

At 6:31 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 7:07 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
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Commander Steve Ramsey
Assistant Finance Director Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
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 Yarc.

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 Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a), Davis v. City of Cypress, WCAB No. ADJ8563457, Claim No. 12-114533.  He stated that Worker’s Compensation counsel provided a privileged and confidential status report, discussed the options and opportunities that the City may have to resolve the litigation and requested authority from the City Council to enter into good faith negotiations with the claimant to settle the claim.  He stated that the City Council unanimously authorized such good faith negotiations and gave its Worker’s Compensation legal counsel negotiating authority up to a maximum amount.

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), DeYoung v. City of Cypress, WCAB No. ADJ8874505, Claim No. 13-115580.  He stated that Worker’s Compensation counsel provided a privileged and confidential status report, discussed recent events that are occurring in the litigation, and did not seek any settlement authority at this time.  He stated that no reportable action was taken with respect to this item nor was any solicited.

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.

Mark Vukojevic, City of Anaheim and Vice President of City Engineers Association of Orange County, presented Public Works Director Doug Dancs with a plaque recognizing his service to the Association.

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. 2014-02, A REQUEST TO OPERATE A PRIVATE GYM/WORKOUT FACILITY WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4670 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND THE RM RESIDENTIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN.

The Assistant Planner provided background information on this item.

Council Member Narain asked about the hours of operation and the distinction between a medicine ball and a kettle bell. 

The Assistant Planner stated that the hours of operation would be 5:30 a.m. – 6:30 a.m. and four hours in the evening. 

Council Member Bailey asked for clarification on the 1,200 square foot sublease, and commented on the unusual hours of operation and asked about the applicant’s ability to have an afternoon session. 

The Assistant Planner stated that the actual use space is 3,600 square feet and that the applicant would only be leasing 2,400 square feet.  She indicated that the remaining space could be used for another potential applicant and that it would not be subleased.  She stated that the hours of operation were requested by the applicant and that he has another daytime job. 

The applicant, Joe Moreno, stated that he accepts the conditions of approval.  He explained that a medicine ball is a weighted leather ball and a kettle bell is an iron ball with a handle. 

Council Member Bailey asked if the applicant wanted the restricted hours as stated in the staff report.

Mr. Moreno responded that there may be a need in the future for extended hours, however he currently has a full-time job.

Mayor Mills stated that Council is receptive to approving the hours of operation of 5:30 a.m. to 9:00 p.m. and that the actual business hours could be at Mr. Moreno’s discretion. 

Mayor Pro Tem Johnson asked if he has staff and wished him good luck.

Mr. Moreno stated that he would be the sole employee. 

Council Member Bailey asked about restricting the hours of operation from 5:30 a.m. to 6:30 p.m. or before 8:00 p.m. for one-on-one services, and normal business hours for two or more customers in the future. 

The City Attorney asked if only one trainer would be permitted during the hours of 5:30 a.m. – 6:30 a.m. and thereafter, during business hours from 6:30 a.m. – 9:00 p.m. multiple trainers would be permitted.  He asked if the City Council wants to restrict the number of clients that the single trainer could have from 5:30 a.m. – 6:30 a.m. 

Council Member Bailey responded that the trainer would be restricted to one and that the number of clients would not be restricted. 

Council Member Narain asked how the surrounding residents would be informed of the change in the hours of operation. 

The City Attorney responded that surrounding residents were given notice and an opportunity to participate in the public hearing. 

The Assistant Planner stated that the Notice of Public Hearing included the project item and description, and that the hours of operation were not mentioned in the notice. 

Council Member Bailey asked if any comments from the public had been received.

The Assistant Planner responded no. 

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 adopt the Resolution by title only, approving Conditional Use Permit No. 2014-02, 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:   Bailey, Narain, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6404

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2014-02
– 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.

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Yarc, to approve Consent Calendar Items No. 2 through 6.

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. 2:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 10, 2014.

Recommendation:   That the City Council approve the Minutes of the Meeting of February 10, 2014, as submitted.

Item No. 3:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 4:   APPROVAL OF TASK ORDERS WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NOS. 116 AND 117.

Recommendation:   That the City Council: 1) Approve a Task Order in the amount of $99,691, within the existing agreement for On-Call Engineering Sewer Design Services, for the Sewer Rehabilitation at Various Locations – North of Cerritos Avenue, Public Works Project No. 116, to Lee & Ro, Inc. (Lee &  Ro), City of Industry, California; authorize a contingency of $14,950 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Approve a Task Order in the amount of $76,520, within the existing agreement for On-Call Engineering Sewer Design Services, for the Sewer Rehabilitation at Various Locations – South of Cerritos Avenue, Public Works Project No. 117, to Harris and Associates (Harris), Irvine, California; authorize a contingency of $11,480 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

Item No. 5:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2014.

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

Item No. 6:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 28998 THROUGH 29170.

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. 7:   CONSIDERATION OF SELECTION OF A SOLID WASTE SERVICES PROCUREMENT CONSULTANT.

Bob Hilton, HF&H Consultants, Inc., stated that his attendance is at the request of his project director who had the opportunity to meet with a couple of the City Council Members.  He stated that he is available to answer questions. 

Enrique Vazquez, Sloan Vazquez, LLC stated that he is available to answer questions of the City Council and that he has had an opportunity to meet with several City Council Members. 

The Administrative Services Manager provided background information on this item.

Council Member Narain asked about the hourly rates based on the firms’ proposed hours and project cost, and calculated that Sloan Vazquez’s hourly rate is higher however, they are proposing fewer hours than the other firms. 

The Administrative Services Manager stated that the proposers responded to staff’s request for qualifications based on the scope of work described and that the proposed hours would be based on their expert opinion. 

Mayor Mills presented a chart he prepared for a trash consultant recommendation and stated his choice of HF&H Consultants, Inc. due to their high amount of employees with a large number who are qualified to work this specific project.  He stated that there is a lot of resiliency in what HF&H Consultants, Inc. offers and that the cost would be borne by the hauler. 

Council Member Bailey asked Mr. Vazquez of Sloan Vazquez how the project could be completed in the amount of hours presented. 

Mr. Vazquez stated they have already done several of these programs successfully and they know what it takes to do this project.  He stated that in many of the agreements that are used, much of the material has been predominately developed without customizing for the City.  He stated that there would be no charge for developing the agreement from scratch and that the City would be charged for the hours put into creating it from using other documents.  He assured of his firm’s professionalism. 

Council Member Bailey spoke of concerns regarding assurance that the job would be done for $74,000.

Mr. Vazquez responded that other city references could be checked and he assured of their ability to finish the work. 

Council Member Narain asked about the qualifications of the three employees of Sloan Vazquez, LLC.

Mr. Vazquez discussed his qualifications including working in the private sector, managing companies, and the implementation of AB939.  He stated that he began consulting work in 2000. 

Mayor Pro Tem Johnson asked about the need to subcontract. 

Mr. Vazquez stated that contracting out may be needed for legal or accounting advice. 

Council Member Narain stated that a lot of work and research has been done by staff and the Mayor, and that he had a concern with cost.  He spoke of contractors underbidding projects in order to get the bid then change orders are submitted bringing the cost up to the bid amount of other firms.  He spoke of concerns with regard to the small number of staff of Sloan Vazquez, LLC as compared to HF&H Consultants, Inc.  He stated that he is in support of the Mayor’s recommendation for the selection of HF&H Consultants, Inc. 

Mayor Pro Tem Johnson stated his due diligence included review of the proposals and interviewing various consulting firms.  He stated that he and Council Member Yarc interviewed the four consultants and asked questions to solve the difference in proposed price ranges. 

Council Member Bailey indicated that he spoke with Sloan Vazquez, LLC and HF&H Consultants, Inc. and that both had good references, a lot of experience, and were very professional.  He stated that he is unsure why a larger firm would be better, and commented that the City Council is seeking an industry expert in trash due to the impending trash contract bids that have not been done in 25 years.  He stated that, of the four firms being considered, only Sloan Vazquez, LLC and HF&H Consultants, Inc. have done business in Orange County, with positive references. 

Mayor Mills responded that a larger firm is better because there would be resiliency with more employees barring unknown risks such as an employee having an accident on their morning commute or death in the family.  He clarified that the price would be reimbursed by the hauler. 

Council Member Narain restated his concerns regarding three close cost bids and one low bid with the possibility of change orders. 

Mr. Hilton, HF&H Consultants, Inc., responded that two community outreach meetings were proposed with the original proposal and in discussions with City staff it was consolidated to one.  He stated that their fees were lowered to $105,000 through that and other consolidation of activities. 

Mayor Pro Tem Johnson indicated that waste hauling experience was asked about during his interviews of the four consulting firms.  He stated that one particular firm had experience in every aspect of the process. 

It was moved by Council Member Narain and seconded by Mayor Mills, that the City Council select HF&H Consultants, Inc. as Solid Waste Services Procurement Consultant and direct staff to negotiate final price, service, and contract terms for City Council consideration at the March 10, 2014 City Council meeting.

The motion failed by the following roll call vote:

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

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Bailey, that the City Council select Sloan Vazquez, LLC as Solid Waste Services Procurement Consultant and direct staff to negotiate final price, service, and contract terms for City Council consideration at the March 10, 2014 City Council meeting.

The motion was carried by the following roll call vote:

AYES:        3    COUNCIL MEMBERS:   Bailey, Yarc and Johnson
NOES:        2    COUNCIL MEMBERS:   Narain and Mills
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 Bailey:

Attended the Cypress Pony Baseball Opening Night.

Mayor Pro Tem Johnson:

Met with O.C. Fire Authority Battalion Chief Greg McKeown.  Attended a Cypress Chamber of Commerce Board of Directors meeting.  Attended the Cypress Pony Baseball Opening Night.  Participated in Race on the Base in Los Alamitos.  Attended the Cypress College Americana Awards.

Mayor Mills:

Attended an OCCOG Executive Management meeting.  Previewed portfolios and interviewed Oxford Academy seniors.  Hosted a Cub Scout welcome at the Cypress Civic Center.  Attended a reception for the Cypress College Americana Awards hosted by Dr. Robert Simpson.  Attended the Cypress College Americana Awards.  Attended a SCAG Bylaws Committee meeting.  Spoke regarding the drought declared in the state.  Congratulated the following Cypress students who Congressman Lowenthal nominated to service academies:  Karen Kim, Los Alamitos High School, U.S. Military Academy; Natalie de Leon, St. Joseph High School, U.S. Naval Academy; Robert Niscior, Oxford Academy, U.S. Naval Academy; Matthew Nulk, Servite High School, U.S. Naval Academy; and Andrew Chaidez, Los Alamitos High School, U.S. Air Force Academy.  Spoke regarding a survey by Movado Real Estate Made Easy on best cities in California in which Cypress was rated number six.

Council Member Narain:

Congratulated Maria Sterk on being named the Cypress Citizen of the Year.  Attended an Orange County Sanitation District Administrative Committee meeting.  Attended a Senior Citizens Advisory Council meeting.  Attended a Health and Nutrition Committee meeting of the Senior Citizens Advisory Council.

Council Member Yarc:

Interviewed trash consultants.  Attended the Cypress Chamber of Commerce Networking Breakfast.  Attended the Woman’s Club of Cypress legislative breakfast.  Attended a reception for the Cypress College Americana Awards hosted by Dr. Robert Simpson.  Attended the Cypress College Americana Awards.

ITEMS FROM CITY MANAGER: 

The City Manager spoke regarding the standards of coverage report that was released by the Orange County Fire Authority and stated that staff is reviewing the report.  He stated that recommended changes include the usage of truck companies for paramedics, rescue medic vans, and a variety of issues.  He stated that this item would be reviewed at a City Council workshop on March 10, 2014, in order to make the City Council aware of proposed changes. 

ADJOURNMENT: Mayor Mills adjourned the meeting at 8:18 p.m. to Monday, March 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