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

A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Mills in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Leroy Mills
Mayor Pro Tem Rob Johnson
Council Member Doug Bailey
Council Member Mariellen Yarc
Members absent:
Council Member Prakash Narain

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
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

None.

WORKSHOP SESSION:

The Interim City Manager stated that Sloan Vazquez would provide an overview presentation of solid waste services procurement, timelines, scope of services, and expectations.  He stated that, at this time, the City Council most likely would not need to take any action.

Charissa McAfee, Sloan Vazquez, stated that the workshop would include the Request for Proposals (RFP) process milestones, scope of services, evaluation criteria, and findings report and recommendation.  She reviewed the process milestones and stated that a kick-off meeting was held on March 17, 2014, and that the data collection process has begun which will include operational data from the current service provider so that it could be included in the RFP, along with service provider reports from City staff. 

Ms. McAfee spoke of the importance of community input and indicated that three community meetings would be held. 

Council Member Bailey asked for clarification on the meetings and who the target audience would be.

Ms. McAfee responded that there would be a meeting targeting the business community on April 8, 2014, 7:15 a.m., at the Cypress Chamber of Commerce Networking Breakfast and that the two other meetings would target the general public.

Council Member Bailey asked how the meetings would be noticed.

Ms. McAfee responded that the meetings were noticed via press release, Cypress Chamber of Commerce weekly e-mail, and an announcement at tonight’s City Council meeting.

Mayor Mills asked when the evaluation criteria would be presented to the City Council. 

Ms. McAfee replied that the first draft of the evaluation criteria would be presented to the City Council at its next regular meeting of April 14, 2014.  She stated that the community meetings would be held on March 29, 2014, and April 8, 2014, and that City Council would have an opportunity to meet with Sloan Vazquez from April 2 – 5, 2014. 

Ms. McAfee stated that on April 14, 2014, there would be a scope of services presentation by Sloan Vazquez to the City Council which would include recommendations based on feedback received.  She stated that on April 24, 2014, the final RFP would be presented to the City Council. 

Mayor Mills asked about past experience with regard to if the evaluation criteria is done with the RFP or if it would be kept close to City Council’s purview, and what is legally required. 

Enrique Vazquez, Sloan Vazquez, responded that the main evaluation criteria should be disclosed, however a complete breakdown would not be required.  He stated that it is not a legal requirement but has been best practice to do so. 

Mayor Mills stated that a possible downside may be that vendors bid to the criteria and not what would necessarily be the best proposal. 

Ms. McAfee stated that an evaluation is a beneficial way for a bidder to meet the City’s needs and that broad components may be considered. 

The City Attorney asked if a sample contract would be attached to the RFP. 

Mr. Vazquez responded in the affirmative.

Ms. McAfee indicated that the RFP would be released to the public on April 29, 2014.

Mr. Vazquez stressed the importance of obtaining City Council direction on April 14, 2014, with minimal changes on April 28, 2014, in order for RFP release the next day.

Ms. McAfee stated that a proposers’ conference would be held on May 6, the deadline for proposers to submit questions would be May 13, and the proposal submittal deadline would be June 12, 2014. 

Mayor Mills asked about the standard process for questions and if the answers received would be provided to every vendor. 

Mr. Vazquez stated that instructions would be provided in the RFP and that questions would be answered to the best of their ability based on interaction with City staff, and that the questions would be put in writing and provided to all vendors at the same time.

Ms. McAfee stated that once the RFP’s are received, the proposals would be evaluated based on criteria established by the City Council.  She indicated that the evaluation, due diligence, and report preparation would be done in order to present the findings to the City Council on August 11, 2014.  She stated that, after that meeting, the City Council would provide direction on the selection of a proposer, conduct negotiations, and prepare a draft agreement in order for presentation of a final agreement at the regular City Council meeting of August 25, 2014. 

The City Attorney asked how the industry would be notified and if there is a trade journal. 

Mr. Vazquez responded that he would contact vendors and that the word would spread quickly, as some vendors have already contacted them. 

Mayor Mills clarified that notification would be done via phone calls and posting on the website.

Mr. Vazquez responded in the affirmative and that e-mails would be done, as well.

Mayor Pro Tem Johnson asked if the City Council would have an opportunity to speak with the haulers.

Mr. Vazquez replied that City Council’s communication with the haulers should be limited until the evaluation process is completed.

Council Member Bailey clarified that City Council questions for the haulers should be handled through Sloan Vazquez. 

Mr. Vazquez responded in the affirmative and stated that once the first evaluation is prepared, City Council would have an opportunity to provide feedback. 

Council Member Yarc asked if the bids include language for the contractor to not have contact with City Council Members or the City.

Mr. Vazquez responded in the affirmative and stated that there would be a risk of disqualification.  He stated that that would provide a more stable and fair process however, the City Council would make that decision at its regular meeting of April 14, 2014.

Ms. McAfee provided a brief overview of the scope of services which includes the contract term and extensions, rate adjustment, franchise fees including residential, commercial, and contracting fees, diversion requirements, residential recycling and green waste collection, AB 341 requirements/programs, liquidated damages and service levels net, bulky item, household hazardous waste, e-waste, Fats, Oil and Grease (FOG), vehicle collection requirements and billing, reporting requirements, public outreach and communication, sales/usage tax, community event sponsorship, and other items that may come up. 

Ms. McAfee stated that the evaluation criteria is a unique set of needs for the City based on what would be the best services to the community and what is important to the City.  She stated that legal/regulatory issues, financial ability, and exceptions to the agreement should be taken into consideration, as well. 

Mr. Vazquez indicated that the evaluation criteria categories could be defined and expanded based on preliminary input received and that voluntary program enhancements may be offered. 

Ms. McAfee stated that the RFP findings report and recommendation would typically be done in a matrix comparing price, ranking of proposers, and recommendation for selection of proposer to enter negotiations, and that it would be done at the City Council’s discretion. 

Mr. Vazquez stated that a report summarizing the proposals would be done and that the City Council would provide input.  He provided an evaluation sheet used for the City of Los Alamitos and stated that the City Council could provide input on the importance of sub-categories. 

Mayor Mills stated that the City Council would like to see the matrix and recommendations, however that does not mean that they would necessarily accept the recommendations.  He stated that they would like to see it all. 

The City Attorney asked if the recommendation would include a ranking order.

Mr. Vazquez responded that ranking order would be done if that is what the City Council prefers.

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(d)(1), City of Cypress and Successor Agency to the Dissolved Redevelopment Agency of the City of Cypress v. State of California, State of California Department of Finance, et al., etc., Case No. 34-2013-80001585, Sacramento County Superior Court. 

At 6:41 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 7:04 p.m. by Mayor Mills.

Members present:
Mayor Leroy Mills
Mayor Pro Tem Rob Johnson
Council Member Doug Bailey
Council Member Mariellen Yarc
Members absent:
Council Member Prakash Narain

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
Assistant Planner Judy Aquino
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:

The Police Chief introduced new Cypress Police Officers Daniel Shin and Terry Mermer. 

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening.

The Interim City Manager reported that the City Council held a workshop regarding an overview presentation of solid waste services procurement by Sloan Vazquez.  He stated that the consultant made a presentation that included the procurement process setting up timelines and milestones expected to meet, along with a highlight of the scope of services.  He stated that no action was taken by the City Council.

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(d)(1), City of Cypress and Successor Agency to the Dissolved Redevelopment Agency of the City of Cypress v. State of California, State of California Department of Finance, et al., etc., Case No. 34-2013-80001585, Sacramento County Superior Court.  He stated that a brief status report was provided regarding one matter of pending litigation. 

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.

Manny Cardenas, Los Alamitos, spoke regarding comments made by Los Alamitos residents.

Craig Sabo, Los Alamitos, spoke regarding comments made by Los Alamitos residents.

Jennifer Hetrick, Cypress, spoke regarding Agenda Item No. 2.

Rick Cangey, Cypress, spoke regarding Agenda Item No. 2.

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. 2014-03, A REQUEST TO OPERATE A RESTAURANT (THE HABIT BURGER GRILL) WITH OUTDOOR DINING LOCATED AT 6830 KATELLA AVENUE, SUITE “A”, IN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Assistant Planner provided background information on this item.

Mayor Mills asked how long the lease space has been vacant.

The Assistant Planner stated that the lease space has been vacant since August 2013.

Council Member Bailey asked for clarification on the employee hours. 

The Acting Community Development Director stated that employees would be in the restaurant between the hours of 8:00 a.m. and 10:00 a.m. for daily preparation and 11:00 p.m. and 2:00 a.m. for restaurant clean-up prior to public hours of operation.

Council Member Bailey asked if the applicant has requested additional hours.

The Assistant Planner responded that the applicant did not request additional hours and that staff thought the times would be ideal. 

Mayor Pro Tem Johnson asked about patio restrictions, outdoor heating, and outside trash cans.

The Assistant Planner stated that there are currently no patio restrictions because alcohol would not be served and that there is an area outside of the restaurant that would be utilized as a patio area.  She indicated that portable outdoor heating had originally been proposed, however that has been changed to ceiling heating.  She stated that trash cans would be available in the inside and outdoor areas. 

The public hearing was opened.

The applicant, Christopher Wadleigh, stated that he accepted all of the conditions of approval.

Council Member Bailey asked if the applicant desires additional hours past 11:00 p.m.

Mr. Wadleigh stated they do not operate after 11:00 p.m. except for unexpected major repairs.

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. 2014-03, subject to the conditions in Exhibit “A” of the Resolution.  In accordance with CEQA guidelines, a Categorical Exemption, Class 1 will be filed for this project.

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

AYES:        4    COUNCIL MEMBERS:   Bailey, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Narain

RESOLUTION NO. 6410

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014-03
– WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2014-01, A CITY INITIATED ACTION TO AMEND THE CYPRESS ZONING ORDINANCE TO ALLOW ARTIFICIAL TURF IN RESIDENTIAL ZONES.

The Planning Manager provided background information on this item. 

The Public Works Director stated that staff would be working on creating criteria for the residential easement zones. 

The public hearing was opened.

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

The public hearing was closed.

Council Member Yarc asked about the effects of rainwater on artificial turf.

The Public Works Director stated that a layer of rock and rubberized chips must be placed under the artificial turf and that rainwater would not affect the turf.  He stated that artificial turf is good for water quality and the prevention of urban runoff. 

Mayor Pro Tem Johnson asked about the current policy for artificial turf. 

The Public Works Director stated that there is not a standard plan for artificial turf and that a non-standard improvement agreement would be done allowing it in the parkway. 

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council introduce for first reading the Ordinance by title only, adopting Zoning Ordinance Amendment No. 2014-01. In accordance with CEQA guidelines, this action is exempt from CEQA provisions.

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

AYES:        4    COUNCIL MEMBERS:   Bailey, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Narain

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING ZONING ORDINANCE AMENDMENT NO. 2014-01
TO MODIFY SECTION 3.13.050 OF THE
CYPRESS ZONING ORDINANCE.

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 Bailey and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 3 through 8.

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

AYES:        4    COUNCIL MEMBERS:   Bailey, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Narain

Item No. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 10 AND MARCH 17, 2014.

Recommendation:   That the City Council approve the Minutes of the Meetings of March 10 and March 17, 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:   PROCLAIMING APRIL 12, 2014 AS “ARBOR DAY” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim April 12, 2014 as “Arbor Day” in the City of Cypress.

Item No. 6:   APPROVAL OF PLANS AND SPECIFICATIONS FOR CONCRETE REHABILITATION PROJECT, PUBLIC WORKS PROJECT NO. 114.

Recommendation:   That the City Council approve the plans and specifications for Concrete Rehabilitation Project, Public Works Project No. 114.

Item No. 7:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2014.

Recommendation:   That the City Council receive and file the Investment Report for the month of February, 2014.

Item No. 8:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 29296 THROUGH 29453.

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

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:

Attended the AGENT business program.  Attended an O.C. Vector Control District meeting.  Attended an Anaheim Union High School District Local Control Accountability Plan (LCAP) meeting.  Attended the Cypress High School Grad Nite auction at the Cypress Community Center.  Attended the Rotary Club of Cypress’ Annual Spaghetti Dinner at the Cypress Senior Citizens Center.

Mayor Pro Tem Johnson:

Attended an O.C. Fire Authority Special Board meeting.  Attended the Cypress Chamber of Commerce Student Mentoring breakfast.  Congratulated Kayla Briet from Cypress High School for her selection in the inaugural White House Student Film Festival.  Spoke regarding the Cypress Art League Juried Art show.  Announced the Cypress Chamber of Commerce annual golf tournament.

Council Member Yarc:

Attended the CREW luncheon.  Attended the county-wide membership event for the Orange District Woman’s Club.  Attended an advisory meeting at Cypress College.  Met with staff and the trash consultant for kick-off meeting.  Attended a special City Council meeting on March 17, 2014.  Attended a fundraising event for the Woman’s Club of Cypress.  Attended the Cypress Chamber of Commerce Student Mentoring breakfast.  Participated in the Veteran Recognition recipient ride-along with the Chief of Police.  Attended the Police Academy graduation at Golden West College.  Attended the Cypress High School Grad Nite fundraiser at the Cypress Community Center.  Attended the Woman’s Club of Cypress annual tea.

Mayor Mills:

Attended the 27th Annual Mothers Against Drunk Drivers luncheon.  Met with staff and the trash consultant for a kick-off meeting.  Attended the Cypress Chamber of Commerce Student Mentoring breakfast.  Attended the Woman’s Club of Cypress annual tea.  Announced “The Mysteries of Egypt” program by Cypress College Professor David Halahmy at the Cypress Senior Citizens Center on March 28, 2014. 

ITEMS FROM INTERIM CITY MANAGER: 

The Interim City Manager stated that the three community meetings conducted by the Solid Waste Procurement contractor will be held on:  March 29, 2014, 1:00 p.m., at the Cypress Senior Citizens Center; April 8, 2014, 7:15 a.m., at the Cypress Chamber of Commerce Networking Breakfast; and April 8, 2014, 6:30 p.m., at the Cypress Senior Citizens Center.  He indicated that input or concerns would be accepted at the meetings or in writing to the City. 

ADJOURNMENT: Mayor Mills adjourned the meeting at 7:54 p.m. to Monday, April 14, 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