MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD APRIL 14, 2014

A regular meeting of the Cypress City Council was called to order at 5:00 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 Prakash Narain

Members absent:
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
Public Works Superintendent Bobby Blackburn
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

David Rose, Cypress, asked Sloan Vazquez about their association with Republic Services. 

Don Wesling, Cypress, asked about Oral Communications protocol. 

The City Attorney stated that the Brown Act establishes Oral Communications as communication from the public to the City Council. 

WORKSHOP SESSION:

The Interim City Manager stated that the City Council would hold a workshop in regard to the Solid Waste and Recycling Services Procurement Terms and Request for Proposal (RFP).  He stated that this matter would be brought back to the City Council for approval at its next regular meeting of April 28, 2014.  He stated that input from City Council is being sought and that representatives from Sloan Vazquez would make a presentation to the City Council. 

Joe Sloan, Sloan Vazquez, indicated that preparations for this workshop included public meetings and interaction with the City Council. 

Charissa McAfee, Sloan Vazquez, provided an overview of the RFP Process Timeline and stated that the input process from City Council, staff, the community, and businesses has been done.  She stated that the draft RFP for consideration and approval would be submitted to the City Council at its next regular meeting of April 28, 2014, and that on April 29 the RFP would be released to the public.  She indicated that the bidders’ conference would be held on May 6, the deadline for proposers to submit questions would be May 13, and that the proposal deadline for submittal would be June 12, 2014. 

Ms. McAfee stated that the RFP evaluation process would be during the months of June and July, and that the evaluation findings would be submitted to the City Council on August 11, 2014.  She commented that City Council would provide direction as to which firm to negotiate with and that those negotiations would be held August 13 – 19, 2014, with the final presentation to the City Council on August 25, 2014.  She noted that there have been no changes to the timeline since its first presentation to the City Council on April 14, 2014. 

Ms. McAfee stated that City Council, City staff, business owners, and community members have had an opportunity to provide input and feedback for the process, and that it was advertised in local newspapers and the Cypress Chamber of Commerce newsletter.  She indicated that robust feedback from the community was received. 

Ms. McAfee reviewed Handout 1: Draft Ex Parte Language for RFP and stated that this language would be included as one of the components of the RFP along with a notarized section.  She stated that this process stipulates that the City Council not have contact with the proposers during this process unless it is prearranged by City staff. 

Mr. Sloan clarified that contact between the proposers and the City Council would not be a breach of contract if the contact is at a public meeting such as a Cypress Chamber of Commerce meeting. 

Ms. McAfee stressed that the proposers cannot have a conversation with the City Council about the process.  She explained the chain of custody for the submittal process and stated that it would ensure that incidental and/or accidental sharing of bid packages does not occur.  She stated that Sloan Vazquez would meet with the City Clerk’s Office to review the bid packages. 

Mr. Sloan stated that he met with the City Clerk and clarified that Sloan Vazquez would provide the inventory checklist and sign-out sheet for documenting submittals.  He stated that the original signed documents would be taken into the permanent custody of the City with the other documents available for viewing by the City Council and City staff.  He indicated that the original amount of bid copies has increased from five to 10. 

Council Member Bailey asked why there is a Mayor Recommended column on the outline of recommendations, and stated that the City is a City Council/City Manager form of government and that there should not be an extra duty of the Mayor.  He stated that the procurement process should be handled collectively since the public will be looking closely at the process. 

Mayor Mills stated that the evaluation percentages on the outline of recommendations reflect his suggestions based on his meeting with Mr. Sloan.  He stated that each City Council Member had an opportunity to meet with Mr. Sloan and that their input could have been reflected as well. 

Mayor Pro Tem Johnson asked how the numbers are determined. 

Mr. Sloan responded that the evaluation percentages take into consideration the conversations held with the community and the City Council.  He stated that the Mayor was the only City Council Member who gave specific evaluation percentages and that the purpose of this meeting is to review those percentages. 

Council Member Narain clarified that the City Council has the final decision. 

Ms. McAfee stated that during the submittal process, Sloan Vazquez and the City Attorney would be able to have a copy of the proposers’ bids and that the remaining copies would be available to check-out by the City Clerk’s Office to City staff authorized to review such documents. 

Mayor Mills suggested that the bidders supply the appropriate number of proposals, and not City staff.

The City Attorney clarified that members of the public would have to pay for copies of bid proposals once the evaluation process is completed, and that one electronic copy would be made available to the City Clerk. 

Mr. Sloan stated that his preference would be that a loose, unbound copy be submitted, one digital copy, then the appropriate desired number of copies determined by the City Council.  He stated that the copy distribution would include Sloan Vazquez, the City Attorney, the Administrative Services Manager, the Interim City Manager, and the City Council.  He indicated that the digital copy should not be distributed during the evaluation process and should only be used by the City Clerk for her future use.  He stated that each copy will be numbered and that extra copies would be available for checking out by City staff. 

Council Member Narain suggested that there be nine or 10 copies of the bid submittals. 

Ms. McAfee clarified that there would be one original and 10 copies. 

Ms. McAfee reviewed the evaluation criteria and stated that the recommended percentages are 20% experience, 25% customer service, 20% programs, 25% price and 10% enhancements. 

Mr. Sloan discussed how the percentages are determined and stated that evaluation of experience would include management experience, residential operations experience, commercial operations experience, experience in City of Cypress/surrounding communities, and company reference checks.  He stated that customer service evaluation would include community involvement, customer service systems philosophy, percent of staff time committed to Cypress, office location, service yard location, and on-call services for emergencies and special needs. 

Mr. Sloan indicated the evaluation of programs would include residential recycling, green waste, refuse, and commercial recycling, green waste and refuse.  He stated that multi-family programs would include recycling and refuse service.  He stated that evaluation and scoring would be based on program diversity of the bidders. 

Mr. Sloan stated that price would be weighted at 25% or possibly even 30% with evaluation based on competitiveness and reasonableness.  He stated that low bidder would get the most number of points and that services not requested that are offered at no additional charge would be weighted at 10%. 

Mayor Pro Tem Johnson asked if hazardous waste would be considered as enhancements.

Mr. Sloan responded in the affirmative and stated that enhancements could also include street sweeping and graffiti removal. 

The City Attorney stressed that the award of contract should be awarded to the most qualified bidder and not necessarily the lowest bidder. 

Council Member Bailey recommended that staff’s recommended evaluation percentages be used. 

Mayor Pro Tem Johnson suggested that experience be weighted more. 

The Interim City Manager stated that for the most part, the proposers are prequalified and similar in their service offerings and that more emphasis should be given in cost and programs. 

Mr. Sloan stated suggested that if the staff recommended percentages are to be modified, he suggested that enhancements be decreased. 

The City Council agreed that the evaluation percentages be price 30%, customer service 25%, experience 12.5%, enhancements 7.5%, and programs 25%. 

Ms. McAfee stated that proposers would submit a $75,000 bid bond at the time of submittal and that a $750,000 performance bond would be required of the selected bidder. 

Council Member Bailey asked for clarification on the performance bond. 

Mr. Sloan responded that the $75,000 bond would be submitted with the bids and that the $750,000 performance bond would be required upon entering into the contract.  He stated that the performance bond represents approximately two months of the revenue requirement for the contract in total. 

The City Attorney suggested that the bid bond be increased to $100,000.

Council Member Bailey suggested that the performance bond be increased to $1 million. 

It was the consensus of the City Council that the bid bond requirement be $100,000 and that the performance bond requirement be $1 million.

Ms. McAfee concurred and commented that those amounts are reasonable. 

Ms. McAfee stated that the bid would be for a single contract for residential and commercial services with an initial term of 10 years with two one-year extensions at the City’s discretion. 

Mr. Sloan stated that the extensions would allow the City to approve a one-year extension approximately one year prior to the contract expiration. 

The City Attorney stated that six months prior to the contraction expiration, the City could award an extension at their sole and unfettered discretion. 

Council Member Narain asked what common contract term lengths would be.

Mr. Sloan responded that contract terms are typically 8-10 years which would allow for extensions. 

The City Attorney asked about the minimum time needed to amortize the purchase of new equipment.

Mr. Sloan commented that if a 10 year term is given, it would be 10 years to amortize equipment. 

Ms. McAfee commented that a 10 year term would better achieve the City’s rate goals. 

Ms. McAfee reviewed the recommended rate adjustment methodology and recommended that the process include reasonable and consistent rate increases/adjustments across the board. 

The Interim City Manager recommended that the annual maximum adjusted rate be capped. 

The City Attorney asked if Sloan Vazquez determines what constitutes an extraordinary event, and what they consider an extraordinary event. 

Mr. Sloan responded in the affirmative and stated that an actual change in disposal costs and CPI or a percentage of CPI on the service component are extraordinary events. 

The Interim City Manager stated that an example of an extraordinary event may be related to an increase in the minimum wage. 

Council Member Bailey asked if an extraordinary event would constitute City Council action.

Mr. Sloan responded in the affirmative.

The City Attorney commented that the contract language is too relaxed.

Mr. Sloan requested that the City Attorney wordsmith the contract language. 

Ms. McAfee stated that the franchise fees are recommended at a fixed rated of $500,000 on a Consumer Price Index adjustor. 

The Interim City Manager suggested that the franchise fees be a minimum of $560,000 for residential and commercial.

Council Member Bailey suggested that the franchise fee be revenue neutral of $560,000. 

It was the consensus of the City Council that the franchise fee be $560,000. 

Ms. McAfee stated that the contract services fee would be $125,000 in order to cover the City’s proposal administration costs, and that the contract compliance fees would be an amount not to exceed $25,000 per year. 

Ms. McAfee reviewed the residential services which would include a weekly 3-cart recycling program and green waste recycling. 

Mr. Sloan stated that there most likely would be a low percentage of residents who would opt out of the recycling program, however the hauler must be prepared to serve all. 

Council Member Narain asked if there would be a provision for a smaller cart. 

Ms. McAfee responded in the affirmative and stated that the option would include cart delivery with the option of a smaller size cart. 

Mr. Sloan recommended that all residents be given the same carts for the first 60 days then smaller carts could be offered. 

Ms. McAfee stated that a lot of feedback was received in relation to the color of the carts and that black would be for refuse, blue for recycling, and green for yard waste. 

Mayor Pro Tem Johnson asked about carts with different colored lids.

It was the consensus of the City Council that the carts and lids be the same color as recommended by Sloan Vazquez. 

Council Member Narain asked about charges for additional carts.

Ms. McAfee responded that there are additional costs for the disposal of additional waste. 

Council Member Narain asked if additional charges would be incurred for an additional amount of smaller carts.

Ms. McAfee responded that most haulers would accommodate for the smaller carts, however additional smaller carts could be subject to additional costs based on the directive language. 

Mr. Sloan stated that additional waste containers could be subject to additional costs due to time and motion of the haulers. 

Ms. McAfee stated that up to two free cart replacements would be included over the term of the contract for wear and tear, and that a charge would be incurred after the second cart. 

Council Member Narain asked about cart replacement costs. 

Mr. Sloan replied that replacements carts cost approximately $60 each.

Ms. McAfee stated that residents could pay for cart rollout service and that disabled residents’ cart rollout service fees could be waived at the discretion of the City.  She stated that the current contract includes bulky items collections limited to two items, twice per year, and that residents expressed interest in expanding that service.  She stated that the recommendation includes up to 12 bulky items picked up per year. 

Ms. McAfee stated that the staff recommendation for household hazardous waste is two events per year. 

It was the consensus of the City Council that there be two household hazardous waste events per year, including prescriptions and non-controlled medications. 

Ms. McAfee stated that holiday tree collection would be December 26 through the third Saturday in January. 

Ms. McAfee reviewed the commercial services which include the option of single-stream recycling which is the same as the residential recycling program, or one bin for dirty Material Recovery Facility (MRF) processing.  She stated that any bidder could propose a price for both options.  She stated that if the source separator is proposed, AB 341 requirements stipulate that education and recording requirements would be required, as well. 

Ms. McAfee asked if consideration be given for a commercial green waste program.

The City Council responded in the affirmative. 

Ms. McAfee asked if the City Council would like the proposals to include an incremental rate for residential billing.

The City Council consensus was no. 

The Interim City Manager recommended that the City continue the billing through the water billing and that residents pay for the billing costs. 

Council Member Narain asked about a local office for customer service.

Mr. Sloan stated that an interest list should be created. 

Ms. McAfee stated that customer service would be a requirement of the proposer.

Ms. McAfee asked if the City Council would like for the RFP to include the option for proposal/rate for street sweeping.

The City Council consensus was no.

The Interim City Manager recommended that there be a street sweeping option in the near future. 

Mr. Sloan stated that there could be a street sweeping option in the RFP, however it would not be a decision-making point. 

Ms. McAfee spoke of City collection services to include trash cans at bus stops, and refuse and recycling at City parks, City facilities and grounds, and City-sponsored events.

Mr. Sloan stated that City Council may add other collection sites. 

Ms. McAfee asked for direction on public outreach which may include outreach and distribution of education materials and resources. 

The Administrative Services Manager asked that staff should have the opportunity to review outreach materials. 

Mayor Mills asked what category the customer service office and point of sale would fit into. 

Mr. Sloan responded that there could be a customer service office requirement or a description of the City’s desired intent.  He stated that it would be obtained because it would be negotiated for at the end, or it would be required in the document. 

Mayor Mills stated that it would be more straight forward if it is included in the document, and that an office requirement should be included in the RFP. 

Council Member Narain commented on the importance of a customer service office and suggested that it be mandatory in the RFP. 

The City Attorney asked about the impact to streets with three pick-ups per week and that the proposal should include an impact fee for City street maintenance. 

The Public Works Director spoke of the increased number of service trucks on the roads and the structural impact. 

Mr. Sloan stated that there would be more vehicles but not more tonnage produced by the households and that franchise fees factor into consideration impacts such as wear and tear on the streets and infrastructure. 

The Interim City Manager stated that the City’s current franchise fees bring in $560,000 and that it should be increased due to the addition of vehicle tonnage and traffic impact. 

The Public Works Director commented that streets would deteriorate more quickly and that there would be an greater repair rate. 

Mr. Sloan commented that there are few cities that have a separate traffic impact fee and that most are rolled into the franchise fees.  He stated that there is a formula for calculating such and that he would have those fees at the next regular City Council meeting of April 28, 2014. 

The City Attorney stated that traffic impact fees should be put in the final RFP for the City Council to decide. 

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 Filling the Position of City Manager. 

The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators:  William Wynder and Richard Storey, Employee Groups: City Manager, Cypress Maintenance Employees’ Association, Part-Time Employees. 

At 6:20 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 7:03 p.m. by Mayor Mills.

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

Members absent:
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
Assistant Planner Judy Aquino
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Johnson.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Dr. Robert Simpson, President, Cypress College, made a presentation regarding services provided by Cypress College, and the fiscal needs of the campus and the North Orange County Community College District.

Mayor Mills asked if Cypress College offers priority registration for veterans.

Dr. Simpson responded that state law recently changed priority registration so that veterans would have first priority for class enrollment. 

Council Member Bailey asked about the amount of bond proceeds that would be applied toward career and technical education programs. 

Dr. Simpson stated that a bond proceeds percentage would be difficult to determine, however science, engineering, and math buildings are number one on the capital projects priority list with the career technical education complex being near the top of the list. 

Mayor Mills presented a proclamation to Administrator Steve Ditmars, Dispatchers Kathi Moen and Jessica Castillo from the West Cities Police Communications Center proclaiming the week of April 14-20, 2014 as “National Public Safety Dispatcher Week” in the City of Cypress.

Mayor Mills presented a proclamation to Tracey Cooper, Donate Life Ambassador, proclaiming the month of April 2014 as “DMV/Donate Life California Month” in the City of Cypress.

Ms. Cooper thanked the City Council for the recognition and spoke of the benefits of organ and tissue donations. 

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 with the Solid Waste Procurement consultant Sloan Vazquez regarding input on the components that will make up the Request for Proposal (RFP) to provide solid waste services to the City over the next several years.  He stated that this information and input received from the community meetings would be incorporated into the RFP which would come back to the City Council on April 28, 2014 for approval. 

The City Attorney reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, to Consider Filling the Position of City Manager.  He stated that the City Council received approximately 42 applications and that the City Council will conduct independent and individual screening of the applications in order to identify candidates for further consideration and possible interview. 

The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators:  William Wynder and Richard Storey, Employee Groups: City Manager, Cypress Maintenance Employees’ Association, Part-Time Employees.  He stated that the position of City Manager was not discussed at this time and that the City Council reviewed a privileged and confidential presentation and unanimously gave its labor negotiators further negotiating authority. 

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.

Cindy Morales, Cypress, spoke regarding increased burglaries in the City.

The Chief of Police stated that information is shared with the community regarding crime trends and encouraged the public to register on the Police Department website for notifications. 

James Quirion, Cypress High School Band Director, spoke regarding a dinner and auction fundraising event for the band’s participation in the 2015 Tournament of Roses Parade.

Council Member Bailey asked about personal and business donations to the band.

Mr. Quirion stated that donations can be made through the Cypress High School Boosters’ website and that various levels of business sponsorship will be available next month. 

Council Member Narain asked about the City purchasing a table for the fundraising event.

The City Attorney stated that action could not be taken since the item was not agendized.  He stated the item would need to added to the agenda as an urgency item due to the need to take action prior to the next City Council meeting.

URGENCY ITEM:

It was moved by Council Member Narain and seconded by Mayor Pro Tem Johnson, that the item be added to the agenda as an urgency item due to the need to take action prior to the next regularly scheduled Council meeting.

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

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

It was moved by Council Member Narain and seconded by Council Member Johnson, that the City purchase a table at the Cypress High School Band fundraising event.

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

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

David Rose, Cypress, spoke regarding the solid waste procurement process. 

The City Attorney stated that it is not an illegal or ethical violation of the Political Reform Act for City Council Members to accept campaign contributions as they are not considered sources of income for purposes of the Political Reform Act and cannot be properly characterized as a conflict of interest. 

John Roper, Cypress, spoke regarding high-density residences in the area of Moody Street, north and south of Lincoln Avenue, and continuing the Camp Street project. 

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. 2014-04, A REQUEST TO ESTABLISH A 173,990 SQUARE FOOT WAREHOUSE, DISTRIBUTION, AND OFFICE FACILITY LOCATED AT 5757 PLAZA DRIVE IN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Assistant Planner provided background information on this item.

Mayor Mills asked about the number of employees at the warehouse.

The Assistant Planner responded that there would be approximately 150 employees in the warehouse and approximately 70 employees in the office area.

Council Member Narain asked about traffic impacts and truck deliveries. 

The Assistant Planner stated that there is sufficient on-site parking as not to impact surrounding streets and that there would be approximately one to five truck deliveries per week.

The public hearing was opened.

The applicant, Brian Tell, stated that they accepted the conditions of approval.  He stated that 256 employees are employed at their corporate facility on Walker Street. 

Council Member Bailey thanked Mr. Tell for relocating their warehouse to the City.

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. 2014-04, 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, Narain, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Yarc

RESOLUTION NO. 6411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014-04
– WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2014-01, GENERAL PLAN AMENDMENT NO. 2014-01, ZONE CHANGE NO. 2014-01 AND TENTATIVE TRACT MAP NO. 17745, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT 16 CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 4861 AND 4891 CAMP STREET IN THE PC PLANNED COMMUNITY ZONE AND LINCOLN AVENUE SPECIFIC PLAN AREA.

The Assistant Planner provided background information on this item.

Mayor Mills spoke regarding the Initial Study/Environmental Checklist as it relates to Greenhouse Gas Emissions and commented that the Intergovernmental Panel on Climate Changes (IPPC) does not do original research. 

The public hearing was opened.

The applicant, Ed Bonanni, Bonanni Development, stated that he accepted the conditions of approval.  He stated that the project meets or exceeds all City requirements and that it would be an upgrade to the neighborhood.  He stated that a town hall meeting was held and that all of the neighborhood issues were resolved including relocation of a power pole.  He thanked City staff for their assistance with the project. 

Mayor Mills asked if the code amendment allowing artificial turf would benefit the project and if Mr. Bonanni would consider artificial turf as it relates to water conservation. 

Mr. Bonanni stated that he would give consideration to artificial turf. 

Mayor Mills asked Mr. Bonanni if he would consider rolled curbs and maximum width driveways for the benefit of reducing sidewall car tire damage. 

Mr. Bonanni stated that he would discuss those concerns with the Public Works Department.

Council Member Narain asked about rolled curbs.

The Public Works Director stated that rolled curbs do not have a straight curb face.  He stated that staff will work with Mr. Bonanni on both a rolled curb and an alley approach at the location to widen it without impacting his property or the City’s.  He indicated that the alley approach provides a wider sweep or radius where cars can turn without hitting the curb as they enter.  He stated that there is rolled curb in the north part of the City, which is more like a swale. 

Mayor Pro Tem Johnson commended Mr. Bonanni for coordinating his efforts with the local residents. 

David Rose, Cypress, asked about the density of the project and the open space allotment.

The Assistant Planner stated the proposed density is 19.12 units with 12,696 square feet of open space.

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) Adopt the Mitigated Negative Declaration, de Minimus Finding, and Mitigation Monitoring Program for the proposed project in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, title as follows, approving General Plan Amendment No. 2014-01; and 3) Approve for first reading the Ordinance by title only, title as follows, approving Zone Change No. 2014-01; and 4) Adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2014-01 and Tentative Tract Map No. 17745, subject to the conditions in Exhibit “A” of the Resolutions. 

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

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

RESOLUTION NO. 6412

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING GENERAL PLAN AMENDMENT NO. 2014-01,
CHANGING THE GENERAL PLAN CLASSIFICATION OF THE
PROPERTIES LOCATED AT 4861 AND 4891 CAMP STREET
FROM GENERAL NEIGHBORHOOD COMMERCIAL TO HIGH
DENSITY RESIDENTIAL.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING ZONE CHANGE NO. 2014-01 CHANGING THE
ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT
4861 AND 4891 CAMP STREET FROM CH COMMERCIAL
HEAVY TO RM-20 RESIDENTIAL MULTIPLE-FAMILY.

RESOLUTION NO. 6413

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014-01
- WITH CONDITIONS.

RESOLUTION NO. 6414

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17745
– 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 12.

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

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

Item No. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 24, 2014.

Recommendation:   That the City Council approve the Minutes of the Meeting of March 24, 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:   SECOND READING OF AN ORDINANCE REGARDING ZONING ORDINANCE AMENDMENT NO. 2014-01, A CITY INITIATED ACTION TO AMEND THE CYPRESS ZONING ORDINANCE TO ALLOW ARTIFICIAL TURF IN RESIDENTIAL ZONES.

Recommendation:   That the City Council adopt the Ordinance by title only, adopting Zoning Ordinance Amendment No. 2014-01.

ORDINANCE NO. 1143

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.

Item No. 6:   PROCLAIMING THE MONTH OF APRIL 2014 AS “DMV/DONATE LIFE CALIFORNIA MONTH” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the month of April 2014 as “DMV/Donate Life California Month” in the City of Cypress.

Item No. 7:   PROCLAIMING APRIL 14-20, 2014 AS “NATIONAL PUBLIC SAFETY DISPATCHER WEEK” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the week of April 14-20, 2014 as “National Public Safety Dispatcher Week” in the City of Cypress.

Item No. 8:   CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE TRAFFIC COMMISSION.

Recommendation:   That the City Council appoint Susan Culbertson to fill the current vacancy on the Traffic Commissioner for the remainder of the four-year term ending on June 30, 2015.

Item No. 9:   EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-13 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07, A REQUEST FOR A ONE YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP PLANNED BUSINESS PARK ZONE.

Recommendation:   That the City Council approve the one year extensions of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 (until April 28, 2015), subject to the original conditions of approval.

Item No. 10:  ACCEPTANCE OF SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 63.

Recommendation:   That the City Council: 1) Accept the Sewer Rehabilitation at Various Locations, Public Works Project No. 63, as being satisfactorily completed in conformance with the project specifications, in the final amount of $573,737.95; and 2) Approve the final retention payment of $28,686.90 to Paulus Engineering, Anaheim, California; 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. 11:  AUTHORIZE AN INCREASE IN ESTIMATED REVENUES 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 $20,000 in Account No. 111-70201.3204 (Street and Curb Permits); and 2) Authorize an increase in the General Fund in the amount of $20,000 to Account     No. 111-70261.4189_010 (Professional Services Inspection) for Public Works Permit Inspection Services.

Item No. 12:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 29454 THROUGH 29757.

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.

David Rose, Cypress, spoke regarding campaign contributions and solid waste procurement.

The City Attorney commented that if City Council Members who accept campaign contributions are potentially biased in decision making, then only the wealthy people who could afford to independently finance their campaigns could run for public office, which would be contrary to the Political Reform Act which is intended to make public office accessible to people who do not have substantial financial means. 

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Narain:

Attended a Senior Citizens Advisory Committee meeting.  Attended the Arbor Day ceremony at Evergreen Park.  Attended an Orange County Sanitation District Administration Committee meeting. 

Mayor Pro Tem Johnson:

Attended a Cypress Chamber of Commerce Board of Directors meeting.  Attended an Orange County Fire Authority Board meeting.  Volunteered for the Habitat for Humanity project on Lincoln Avenue.  Participated in the 40th Annual Seal Beach Run.  Attended PACE graduations at Grace Christian School and St. Irenaeus.  Attended an Orange County Crime Victims’ Monument unveiling.  Attended the Arbor Day ceremony at Evergreen Park.

Mayor Mills:

Met with California State University Fullerton student Cassandra Lorenza regarding an Orange County homeless project.  Attended the City of Stanton Mayor’s Prayer Breakfast.  Attended “The Mysteries of Egypt” program by Cypress College Professor David Halahmy at the Cypress Senior Citizens Center.  Attended Assemblywoman Sharon Quirk-Silva’s 2nd Annual Women of Distinction for the 65th District.  Attended the City of Brea State of the City Address.  Attended SCAG Regional Council and Transportation Committee meetings.  Taped a Time Warner Cable local segment.  Attended the City of Placentia State of the City Address.  Attended the Arbor Day ceremony at Evergreen Park.  Commended Oxford Academy for being rated among the top public and private high schools in the Washington Post.  Asked for a report on the upcoming Egg Hunt.

The Recreation and Community Services Director stated that the Egg Hunt would be held on Saturday, April 19, 2014 at Oak Knoll Park for children 11 and under.

Asked the Interim City Manager to look into a policy regarding cigarettes and e-cigarettes at high-density events such as the Concerts-on-the-Green.

The Interim City Manager stated that smoking is not permitted at the Concerts-on-the-Green, and that he is not aware of a legal definition for e-cigarettes and if it is considered a smoking device.  He stated that staff goes on the assumption that it is. 

ITEMS FROM INTERIM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Mills adjourned the meeting at 8:26 p.m. to Monday, April 28, 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