MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MARCH 10, 2014

A regular meeting of the Cypress City Council was called to order at 6:01 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 (arrived at 6:05 p.m.)

Staff present:
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, to consider the appointment of an employee to the position of City Manager. 

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 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:
Interim City Manager Richard Storey
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
Associate Planner Kori Sanders
Assistant Planner Judy Aquino
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA “The S’Mores.”

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Mike and Krista Pennington, K-9 Armor, presented Cypress Police Officer Mathias and Police Service Dog Sem with a K-9 vest donation. 

The Police Chief expressed her gratitude for the donation.

The Mayor presented Certificates of Special Recognition to Cypress students nominated by Congressman Lowenthal for appointments to U.S. Service Academies:  Andrew Chaidez, U.S. Air Force Academy; Natalie de Leon, U.S. Naval Academy (not in attendance); Karen Kim, U.S. Military Academy; Robert Niscior, U.S. Naval Academy; and Matthew Nulk, U.S. Naval Academy. 

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 Public Employee Appointment, pursuant to Government Code Section 54957, to consider the appointment of an employee to the position of City Manager.  He stated that 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.

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

David Rose, Cypress, spoke regarding Agenda Item No. 8.

Patricia Rudner, Cypress, spoke regarding climate change.

George Pardon, Cypress, spoke regarding Agenda Item No. 8.

Don Wesling, Cypress, spoke regarding Agenda Item No. 8.

James Ridley, Cypress, spoke regarding placing utilities underground.

Manfred Stein, Cypress, spoke regarding the termination of the City Manager.

Enrique Vazquez, Sloan Vazquez, LLC, spoke regarding Agenda Item No. 8.

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 TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 98-11, A REQUEST TO ALLOW OUTDOOR DINING WITHOUT BEER AND WINE SERVICE AT AN EXISTING RESTAURANT LOCATED AT 9921 WALKER STREET IN THE CG COMMERCIAL GENERAL ZONE.

The Associate Planner provided background information on this item.

Mayor Mills asked about alcoholic beverage enforcement in an outside area. 

The Associate Planner responded that signs prohibiting alcohol outside are required to be posted on the door leading into and out of the restaurant, and that the large window in front of the restaurant would allow for ease of monitoring. 

Council Member Bailey asked about the size of the patio area.

The Associate Planner stated that the patio area is 496 square feet which includes the walkway. 

The public hearing was opened.

The applicant, Angela Cesario, stated that she accepts all of the conditions of approval.

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 Narain and seconded by Mayor Pro Tem Johnson, that the City Council adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 98-11, subject to the conditions in Exhibit “A” of the Resolution.  In accordance with CEQA guidelines, a Categorical Exemption, Class 1(a) will be filed for this project.

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. 6405

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 98-11 – WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-09, TENTATIVE PARCEL MAP NO. 2013-163, AND VARIANCE NO. 2014-01, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT TWO DETACHED CONDOMINIUM UNITS AND ALLOW A TWO-FOOT WIDE CURB/PLANTER ALONG THE NORTH PROPERTY LINE FOR THE PROPERTY LOCATED AT 8551 BELMONT STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE.

The Assistant Planner provided background information on this item.

Mayor Mills asked about drought tolerant landscaping for the project.

The Assistant Planner responded that the project must comply with the current standards imposed which is that the front yard landscaping consist of 50% live plant material, and that staff highly recommends drought tolerant plants. 

Mayor Pro Tem Johnson asked for clarification on project setbacks. 

The Assistant Planner stated that there is a five foot setback required for Unit #1 and that the two-story unit setbacks would be 10 feet.  She indicated that the applicant has decided to do 10 feet setbacks on the rear unit. 

The public hearing was opened.

The applicant, Bill Chen, stated that he accepts the conditions of approval and expressed his appreciation of staff.  He assured that all utilities would be underground.

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

The public hearing was closed.

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Yarc, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2013-09, Tentative Parcel Map No. 2013-163, and Variance No. 2014-01, subject to the conditions in Exhibit “A” of the Resolution. In accordance with CEQA guidelines, a Categorical Exemption, Class 32 will be filed for this project.

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. 6406

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2013-09
– WITH CONDITIONS.

RESOLUTION NO. 6407

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE PARCEL MAP NO. 2013-163
- WITH CONDITIONS.

RESOLUTION NO. 6408

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS, SECTION 3.14.050.C.7
TO ALLOW A TWO-FOOT WIDE CURB/PLANTER ALONG THE
NORTH PROPERTY LINE FOR THE PROPERTY LOCATED AT
8551 BELMONT STREET IN THE RM-20 RESIDENTIAL
MULTIPLE-FAMILY ZONE – 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 Council Member Narain and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 3 through 7.

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. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF FEBRUARY 24, 2014 AND MARCH 3, 2014.

Recommendation:   That the City Council approve the Minutes of the Meetings of February 24, 2014 and March 3, 2014, 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:   ACCEPTANCE OF A BALLISTIC VEST DONATION FROM K-9 ARMOR FOR POLICE SERVICE DOG SEM.

Recommendation:   That the City Council accept the donation of a ballistic vest for Police Service Dog Sem from K-9 Armor through a donation made to the Orange County Police Canine Foundation (OCPCA). The equipment is valued at approximately $850.

Item No. 6:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION SUPPORT SERVICES FOR THE MYRA AVENUE PUMP STATION NO. 3, PUBLIC WORKS PROJECT NO. 22.

Recommendation:   That the City Council: 1) Award a contract for the Myra Avenue Pump Station No. 3, Public Works Project No. 22, in the amount of $2,483,000, to the lowest responsible bidder Pascal & Ludwig Constructors, Ontario, California; authorize a contingency of $372,500 (15% of Bid amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Support Services, in the amount of $314,392, within the existing agreement for On-Call Construction Management/Engineering Support/Testing and Inspection Services, for the Myra Avenue Pump Station No. 3, Public Works Project No. 22, to AKM Consulting Engineers, Inc. (AKM); authorize a contingency of $47,200 (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. 7:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 29171 THROUGH 29295.

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. 8:   AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENT FOR SOLID WASTE SERVICES PROCUREMENT CONSULTANT.

Mayor Mills stated that at a prior meeting, the City Council made the decision as to which consultant would be used and that tonight’s discussion is the contractual instrument that would support the use of the consultant. 

Council Member Bailey asked why this item was not placed on the Consent Calendar.

The Interim City Manager responded that this item requires an appropriation request.

Council Member Narain stated that this item is related to the contract issue and the discussion at the last City Council meeting to award the contract to which he was not in favor of, and asked about his inability to vote in favor of this item. 

The City Attorney stated that that is not an unreasonable position to take. 

The Administrative Services Manager provided background information on this item.

Council Member Bailey stated that at the last City Council meeting he, voted in favor of the lowest bid consultant and that concerns were raised regarding cost increases due to change orders.  He asked for clarification that that issue was addressed in the contract.

The City Attorney assured that this is a $75,000 contract, no more no less. 

Council Member Bailey spoke of the consultant process, various trash regulations, and the commonness of automatic contract renewals.  He spoke of his confidence with Sloan Vazquez and HF&H Consultants, Inc., and that Sloan Vazquez had a lower bid.  He asked Mr. Vazquez how many contracts go out to bid as opposed to an automatic renegotiation. 

Mr. Vazquez stated that he does not have scientific percentages to speak of, however automatic renegotiations are generally done. 

Mayor Mills asked about the length of the current franchise agreement.

The Administrative Services Manager responded that the current franchise length is 25 years and is due to expire June 30, 2015. 

The City Attorney stated the City inherited an out-of-date, poorly written franchise agreement.  He stated that the consultants in this field have state-of-the-art documents and that it would be cost prohibitive to pay a lawyer to recreate such. 

Mayor Pro Tem Johnson spoke in support of Council Member Bailey’s comments and stated that going through this process would be beneficial to the businesses and citizens. 

Council Member Narain spoke of his concerns regarding the small size of the proposed company and their previous association with the solid waste franchise as it relates to their ability to provide an unbiased opinion.  He indicated that he would be voting no on this item. 

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Yarc, that the City Council: 1) Award a Professional Contract Services Agreement for Solid Waste Services Procurement Consultant to Sloan Vazquez, LLC, Irvine, California, and direct the Administrative Services Manager to act as Contract Officer; and 2) Approve the appropriation of $74,225 to Account No. 111-20120.4189_100 (Professional Services – Other) from the unassigned fund balance of the City’s General Fund for Solid Waste Services Procurement.

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

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

The Administrative Services Manager provided background information on this item.

Mayor Mills stated that Council Member Yarc has expressed her desire to participate in this process, and asked if any other Council Member wished to participate. 

Council Member Yarc stated that interviewing the consultants was an educational process for her and that this process should not be limited to only two City Council Members. 

The City Attorney stated that if the inclination of the City Council is not to form an Ad Hoc Subcommittee, one or more City Council Members may be involved in the screening interviews provided no more than two meet at any one time and provided further that City Council Members do not talk among themselves about the interviews until the item comes before a public meeting of the City Council or a public workshop of the City Council.  He stated that if it was the pleasure of the City Council, there is no need to appoint an Ad Hoc Subcommittee. 

Council Member Yarc asked if a workshop would be held to set-up the perimeters for the consultant. 

The City Attorney stated that the next step in the process would be to write a Request for Proposal inviting competitive proposals for that service, presumably vetted by the entire City Council and authorized to be released in whatever format the Interim City Manager and City Council decide in a public format. 

It was the consensus of the City Council to not establish an Ad Hoc Subcommittee.

The Administrative Services Manager stated that it is recommended that the consultant start collecting data and conduct scoping meetings, and issue the Request for Proposal no later than the second City Council meeting in April 2014. 

Mayor Mills stated that he will work with the Interim City Manager on scheduling the review of the Request for Proposal by the City Council. 

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.

Manfred Stein, Cypress, spoke regarding Agenda Item No. 6.

Paula English, Cypress, spoke regarding public attendance at City Council meetings.

ITEMS FROM CITY COUNCIL MEMBERS:

Item No. 10:  CONSIDERATION OF SUPPORT FOR AB 1453 – ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS CEMETERY (MAYOR MILLS).

The Administrative Services Manager provided background information on this item.

Tige Richardson, representing Assemblywoman Quirk-Silva’s office, thanked the City Council and City staff for their consideration of this item.  He stated that this bill would direct the Department of California Veterans Affairs to apply for a U.S. Department of Veterans Affairs grant for a state cemetery with up to 100% of costs reimbursed by the Federal Government. 

Council Member Yarc asked about the status of the AB 1453.

Mr. Richardson stated that Assemblywoman Quirk-Silva is the Chair of the Veterans Affairs Committee and it is upon her to decide when she wants to bring that bill forward.  He stated that it is anticipated that would be done this year. 

Council Member Yarc asked which county the cemetery would be in. 

Mr. Richardson responded that AB 1453 indicates Southern California and it is assumed that it would be in Orange County.

It was moved by Council Member Bailey and seconded by Council Member Narain, that the City Council adopt a Resolution in support of AB 1453.

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. 6409

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
IN SUPPORT OF ASSEMBLY BILL 1453 AND IN FAVOR OF
THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA
STATE VETERANS CEMETERY.

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

Mayor Pro Tem Johnson:

Attended a Pastors’ Prayer Meeting.  Attended an O.C. Fire Authority Board meeting.  Visited the Rainier Drive neighborhood with the Planning Manager.

Mayor Mills:

Attended an OCCOG Board of Directors meeting.  Attended SCAG Regional Council, High Speed Rail, and Joint Policy Committee meetings.

Council Member Narain:

Attended an O.C. Sanitation District Board meeting.  Participated in a BRACE visit at ADC Energy.

Council Member Yarc:

Attended the Woman’s Club of Cypress Tea meeting.  Attended a West-Comm Board meeting.  Attended the Woman’s Club of Cypress annual birthday lunch.  Attended the Annual Spelling Bee at the Cypress Senior Citizens Center.

ITEMS FROM INTERIM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Mills adjourned the meeting at 8:30 p.m. to Monday, March 24, 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