MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MAY 12, 2014

A regular meeting of the Cypress City Council was called to order at 5:01 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
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 Director of Finance & Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Water Quality Manager Gonzalo Vazquez
Recreation Superintendent Dena Diggins
Recreation Supervisor Shelly Myers
Human Resources Manager Cathy Thompson
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

ORAL COMMUNICATIONS:

None.

WORKSHOP SESSION:

The Interim City Manager stated that that City Council would be presented with a workshop on the Fiscal Year 2014-15 Annual Budget. 

The Assistant Director of Finance & Administrative Services reviewed the City and Recreation and Park District budget cycle, and indicated that it is a seven-month process which included departmental budget input and review.  He indicated that the budget would be presented to City Council for adoption at its regular meeting of June 9, 2014, and implemented July 1, 2014. 

The Assistant Director of Finance & Administrative Services stated that budget assumptions include maintaining a General Fund contingency of 25% which is approximately $6.3 million, and that it is adjusted annually.  He indicated that City goals as previously adopted have been incorporated into the Fiscal Year 2014-15 Budget, and that everything that is being funded is consistent with the City’s goals.  He indicated that the ongoing seven-year Capital Improvement Plan includes restricted funding sources along with the City General Fund being a large portion of the funding. 

The Interim City Manager indicated that the strategy would be to first use restricted funds then additional funding from the City’s General Fund when necessary. 

The Assistant Director of Finance & Administrative Services stated that, in light of the economy, the City has made ongoing attempts to contain and limit annual expenditures, however there is still growth in the operating budget beyond the City’s control.  He stated that the budget proposal is for a one-year budget with considerations for a long-term outlook of future stability. 

The Assistant Director of Finance & Administrative Services indicated that budget documents distributed to the City Council include the City of Cypress Proposed Annual Budget for Fiscal Year 2014-2015 and the City of Cypress Preliminary Operating Budget for Fiscal Year 2014-2015.  He indicated that the budget summary would be available on the City’s website. 

The Interim City Manager stated that a draft version of the budget would be available on the City’s website this week, with the final version available after its adoption. 

The Assistant Director of Finance & Administrative Services indicated that the budget total is approximately $45 million, and includes the Cypress Recreation and Park District and the Successor Agency.  He stated that the Successor Agency budget is done twice per year in six-month increments and is approved by the Oversight Board, as well as the Successor Agency Board. 

The Assistant Director of Finance & Administrative Services stated that the City’s budget is approximately $39.4 million which is a $950,000 decrease from the prior year due to the Capital Improvement Project budget.  He reviewed the budget summary for the past three years and indicated that personnel costs have increased by 4% over the prior year. 

Mayor Mills asked about staffing levels and increases to benefits. 

The Assistant Director of Finance & Administrative Services responded that staff levels would remain the same and that four unfilled positions were eliminated.  He stated that over 90% of the City’s budget is the General Fund. 

Council Member Bailey asked which positions had been eliminated.

The Assistant Director of Finance & Administrative Services replied that positions eliminated include two Maintenance Specialists, one Maintenance Worker, and the Redevelopment/Economic Development Manager. 

The Interim City Manager stated that the positions have been frozen for two years and that the City has been in the process of reorganizing the Redevelopment Division of Community Development.  He indicated that a major cause of the personnel cost increase is due to negotiated salary increases including benefit costs of Public Employees’ Retirement System (PERS) and Redevelopment salaries that are now budgeted out of the City General Fund. 

The Assistant Director of Finance & Administrative Services indicated that revenues are increasing at 2.2% and that the budget is balanced with one-time issues and/or transfers, such as for infrastructure, that could make it appear unbalanced. 

Mayor Mills commented that project bids were favorable to the City during the recession and asked if that has changed.

The Public Works Director responded that bids have not been unusually low.

The Assistant Director of Finance & Administrative Services stated that the General Fund Operating Budget has increased by $900,000 up to $25.2 million.  He stated that budget impacts include election costs, an increase in park maintenance costs due to water cost increases, a decrease in Successor Agency activities, and WestComm funding due to 800 MHz radios replacement over a four-year period. 

Mayor Pro Tem Johnson asked for clarification about WestComm funding division between the three cities comprising the Joint Powers Authority. 

The Assistant Director of Finance & Administrative Services responded that Cypress’ WestComm funding share is 45%.

The Assistant Director of Finance & Administrative Services stated that General Fund Operating Budget expenditures reached $25 million and that revenues are not rebounding as quickly to where they were five years ago due to a plateau of sales tax and a loss of Redevelopment Agency loan interest.   He reviewed the proposed changes in the General Fund balance and stated that the projected fund balance for next year is expected to be approximately $13.6 million. 

Council Member Bailey asked if the City Council could be provided with a budget summary similar to that on the Comprehensive Annual Financial Report (CAFR). 

The Assistant Director of Finance & Administrative Services responded that a summary of resources and appropriations by fund is provided in the City of Cypress Proposed Annual Budget for Fiscal Year 2014-2015. 

The Interim City Manager clarified that the summary of resources and appropriations by fund provided in the City of Cypress Proposed Annual Budget for Fiscal Year 2014-2015 and is a summary of all of the City’s General Operating funds. 

The Assistant Director of Finance & Administrative Services stated that the Internal Services Funds are not part of the budget adoption and are not included in the summary of resources and appropriations. 

The Interim City Manager indicated that the Internal Services Funds are reflected in the CAFR, as well as in the monthly investment report and the monthly financials.

Council Member Narain asked about the current year transfer of additional infrastructure funds in the amount of $1.7 million.

The Interim City Manager stated that the infrastructure transfer reflects $1.4 million in savings that would be available for transfer at the end of the year plus monies that were collected from residual property tax due to the loss of the Redevelopment Agency. 

The Assistant Director of Finance & Administrative Services reviewed the General Fund Analysis and stated that net operations used to fund capital would be approximately $3.8 million.  He indicated that the City Council approved policy for Capital Improvement Project (CIP) is $2.25 million of transfers that includes $800,000 for residential streets, $250,000 for public facilities, $500,000 for storm drains, and $250,000 for sidewalks and Warland Drive. 

Mayor Pro Tem Johnson asked about CIP funding for the Cypress Recreation and Park District.  

The Assistant Director of Finance & Administrative Services responded that the Cypress Recreation and Park District has its own funding.

The Interim City Manager spoke of CIP funding and stated that there would be $2 million in the infrastructure funding.  He stated that there are revenues to cover the City’s normal operations. 

The Assistant Director of Finance & Administrative Services stated that the Cypress Recreation and Park District funding is predominately funded with property taxes with estimated revenues totaling approximately $5.2 million, which is a decrease primarily due to the residual tax increment from the Redevelopment Agency.  He stated that the Cypress Recreation and Park District would repay the City’s Infrastructure Fund $312,000 for previous projects funded through the Redevelopment Agency. 

Mayor Mills stated that the new Fiscal Year 2014-2015 Budget reflects funding for a new remotely controlled projector at the Senior Citizens Center, and suggested that there be funding for the same type of projector at the Community Center.  He spoke of lighting concerns at the Senior Citizens Center and suggested that there be an individual switch to turn off banks of lights as needed. 

Council Member Bailey asked if lighting concerns at the Senior Citizens Center had been considered in the past. 

The Interim City Manager replied that dimmer switches at the Senior Citizens Center had previously been considered. 

Mayor Mills clarified that it would be only one switch for the bank of lights at the Senior Citizens Center. 

The Interim City Manager stated that the Recreation and Park District and the Public Works Department would confer on the matter, and that general improvements for the Americans with Disability Act (ADA) may be used.  He stated that it should be reviewed prior to being budgeted, and that it would be submitted to the City Council for appropriation. 

The Assistant Director of Finance & Administrative Services stated that the Cypress Recreation and Park District Capital Improvements have decreased from approximately $560,000 to approximately $423,000 due to consistency with the needs assessment that was done a few years ago. 

The Assistant Director of Finance & Administrative Services provided a general overview of the Successor Agency to the Cypress Redevelopment Agency, and stated that the $312,000 promissory loan from the City would be paid back from the Cypress Recreation and Park District. 

The Interim City Manager indicated that a portion of the loan has been paid back through the residual transfers. 

The Interim City Manager stated that City Council has raised questions with regard to contracting out for jail facilities, and clarified that there is low staffing at the Police Department due to injuries and academy attendance, and that consideration would be given for a budget adjustment to shift the Police Services Officers back to the jail.  He indicated that there are no plans for contracting out the jail. 

Council Member Bailey asked about the jail budget decrease and if that would be reflected in the final budget for Fiscal Year 2014-15. 

The Interim City Manager responded in the affirmative. 

Council Member Bailey asked that future jail budget data be shared with the City Council. 

The Interim City Manager stated that there would be a jail even if it was contracted out and that specific cases might be sent to facilities in other cities. 

Council Member Narain asked about other cities without jails.

The Police Chief responded that Cypress’ jail is a temporary holding facility and that its closure has not been discussed, and that they would still have to be open.  She indicated that another location is being sought in order to reduce staffing needs. 

The Assistant Director of Finance & Administrative Services reviewed revenue projections and stated that they are based on current revenues, trends, economic data, and the State economic downturn.  He indicated that State takeaways are not anticipated.  He stated that the Capital Outlay budget is approximately $234,000 and includes two police vehicles, police equipment, replacement of the firewall/routers, and Cypress Recreation and Park District equipment.  He stated that the Internal Service Funds are fully funded and that the Public Employees’ Retirement System (PERS) actuarial liability is not fully funded, however steps are being taken for the set-aside of funds.

Council Member Bailey asked if the 2013 PERS earning was 22%-23%.

The Interim City Manager responded that he does not know that figure but speculated that it was approximately 20%.  He stated that there would be future budget impacts because of this. 

The Assistant Director of Finance & Administrative Services indicated that progress is being made with the CIP needs and that more work is needed with storm drains and parks. 

Council Member Bailey asked about the separate funding of the Cypress Recreation and Park District and if another source of funding would eventually be necessary. 

The Interim City Manager stated that several park improvements are needed and that a few million dollars are set-aside.  He stated that sometime in the future there may be consideration of bonds for park improvements. 

Council Member Bailey asked about the Mackay Elementary School site.   

The Interim City Manager responded that the price is not yet finalized and that there are funds available for that expense. 

Council Member Yarc asked which fund it would be in. 

The Interim City Manager replied that it would come from the Cypress Recreation and Park District reserve for infrastructure. 

Mayor Mills asked how many years projects fall under consideration. 

The Interim City Manager stated that the 2008 Sewer Master Plan estimate was reduced from $43 million to $27 million, the problem areas are the goal, and that it would ultimately be a 20-year period. 

The Assistant Director of Finance & Administrative Services provided a summary of Fiscal Year 2014-15 Capital Projects and indicated that the majority of the budget is storm drain projects, parkway projects, and street projects. 

Council Member Narain asked if future expansion of the Cypress Library is included in future project planning. 

The Interim City Manager responded that expansion of the Cypress Library is budgeted at an estimated cost of $160,000, and that it is not budgeted as a line item but there is funding available. 

The Assistant Director of Finance & Administrative Services spoke of future budget issues including the State budget and its anticipated surplus, in addition to the effects of Proposition 1A and the potential for additional borrowing from the City, however that is not expected this year.  He stated that there is potential with major business relocation, funding increased PERS costs, labor legislation impacts on employees and contractors with the increase of minimum wage, and health insurance costs due to the Affordable Care Act. 

The Assistant Director of Finance & Administrative Services concluded by stating that the budget is balanced without layoffs or furloughs, the City Council goals have been incorporated, reserves have been maintained, and that the final budget would be presented to the City Council for formal adoption on June 9, 2014, with the inclusion of reallocation of the jailers time. 

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 Negotiator:  William Wynder, Employee Title: City Manager. 

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 6:03 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 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 Director of Finance & Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Building Official Bob Decker
Human Resources Manager Cathy Thompson
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

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

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

Mayor Mills presented a Certificate of Special Recognition to Cypress Veteran Gerald Seymore.

Tony Cardenas, Orange County Division of the League of California Cities, made a presentation regarding advocacy efforts by the League.

Council Member Narain asked about the date of the annual conference.

Mr. Cardenas stated that this year’s annual conference would be held September 3 – 5, 2014, at the Los Angeles Convention Center. 

Council Member Yarc complimented the League of California Cities on their assistance with regard to Assembly Bills. 

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 stated that a presentation was made to the City Council on the proposed Fiscal Year 2014-2015 Budget. He stated that staff summarized the budget and that input from the City Council was received, and that the final budget would be adopted at the regular City Council meeting of June 9, 2014.  He indicated that a draft of the budget would be available on the City’s website later this week.

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 is still concluding the process of selecting a new City Manager, and that no final decision was made and no reportable action was taken. 

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 Negotiator:  William Wynder, Employee Title: City Manager.  He stated that no reportable action was taken.

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 the Worker’s Compensation Counsel requested and was unanimously given settlement authority on a not-to-exceed basis. 

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 Pardon, Cypress, spoke regarding Agenda Item No. 9.

David Rose, Cypress, spoke regarding trash rates.

Sue Douglas, Cypress, spoke regarding recycled trash pick-up.

Shelley Henderson, Cypress, spoke regarding the Cypress Community Festival

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

Taryn McDonald, American Cancer Society, spoke regarding the Relay for Life event on August 2 - 3, 2014 at Grace Christian School, Cypress.

Don Wesling, Cypress, spoke regarding trash pick-up and Agenda Item No. 1.

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 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-08 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2014-02, A REQUEST TO ADD 234 NEW HORSE STALLS AT THE LOS ALAMITOS RACE COURSE LOCATED AT 4961 KATELLA AVENUE IN THE PS-1A PUBLIC AND SEMI-PUBLIC ZONE.

The Planning Manager provided background information on this item. 

The public hearing was opened.

Brad McKinzie, Los Alamitos Race Course, stated that he accepted the conditions of approval.  He addressed comments made by the City of Los Alamitos including the “piece mealing” of the project, and assured that the commitment is to the Race Track and to the City of Cypress.

Jack Rubens, Sheppard, Mullin, Richter & Hampton, representing the Los Alamitos Race Course, stated that the conditions of approval are accepted with the exception that they are working with the Orange County Fire Authority regarding the necessity of sprinklers in the horse stalls.  He indicated that this is a modest project with minor impacts.

Mayor Mills asked if the Pomona Fairplex racing slots would be permanent at the Los Alamitos Race Course.

Mr. Rubens responded that the California Horse Racing Board has not reallocated or transferred the racing dates to Los Alamitos and that if the dates are transferred, it would be permanent, however the decision remains in question. 

Mr. McKinzie stated that all horse racing in California is governed by the California Horse Racing Board and that that matter is in the decision phase and has not yet been determined. 

Council Member Bailey asked if Del Mar Race Track and Santa Anita Race Track are interested in the racing dates and how many dates there are.

Mr. McKinzie stated that there are 11 racing days and that there have been discussions with the Santa Anita Race Track, and they may be interested in a portion of the dates, however most likely Del Mar Race Track is not interested as they are near the end of their summer meets. 

Council Member Bailey asked about the horse sales at the Fairplex.

Mr. McKinzie stated that the Fairplex has hosted horse sales throughout the year and that they are looking to get out of the horse racing business. 

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

J.M. Ivler, Los Alamitos, spoke regarding the completion of the north end of Lexington Drive.

Shelley Henderson, Cypress, spoke regarding changing the traffic signal at Lexington Drive and Katella Avenue.

Mr. Rubens spoke regarding traffic trips and Lexington Drive widening, and stated that this project would generate a mere handful of traffic trips and would not justify widening Lexington Drive.  He stated that the majority of traffic would be on Katella Avenue.  He stated that the Cottonwood agreement with the Race Track stipulated that the Race Track provide a small sliver of property to allow the extension of Lexington Drive to Cerritos Avenue and that the Race Track complied with that request.  He clarified that the widening, as mentioned by Mr. Ivler, is a separate issue and the Specific Plan of 1990 includes a condition that remains a condition in the current Specific Plan that the widening occur in connection with the evelopment/redevelopment of the Golf Course which has not yet occurred.  He respectfully requested that Mr. Ivler’s requested conditions not be added to this project.  

Council Member Bailey congratulated the Race Track on California Chrome’s Kentucky Derby win. 

The public hearing was closed.

Council Member Narain asked about the impact of odor on the surrounding neighborhoods.

The Planning Manager stated that the barn distance from the residential units is at least 500 feet and there would be no odor impact on the surrounding residential properties.

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council: 1) Adopt the Negative Declaration in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolutions by title only, approving Amendment to Conditional Use Permit No. 2013-08 and Design Review Committee Permit No. 2014-02, subject to the conditions in Exhibit “A” of the Resolutions.

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. 6416

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2013-08 – WITH CONDITIONS.

RESOLUTION NO. 6417

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE 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.

Mayor Mills requested Agenda Item No. 9 be pulled from the Consent Calendar.

The City Attorney stated that Mayor Mills and Council Member Narain would not be participating on Agenda Item No. 8 due to their property ownership in proximity to this project and that their vote with respect to the balance of the Consent Calendar will reflect their participation in all of those items except for Agenda Item No. 8. 

It was moved by Council Member Narain and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 2 through 8 and 10 through 14.

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 APRIL 28, 2014.

Recommendation:   That the City Council approve the Minutes of the Meeting of April 28, 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:   PROCLAIMING THE CITY OF CYPRESS’ PARTICIPATION IN THE “DROWNING PREVENTION AWARENESS” CAMPAIGN.

Recommendation:   That the Mayor and City Council officially proclaim its participation in the “Drowning Prevention Awareness” Campaign from May 26 – September 1, 2014.

Item No. 5:   DESIGN REVIEW COMMITTEE PERMIT NO. 2014-01, A REQUEST BY AT&T MOBILITY TO CONSTRUCT A STEALTH, IMITATION TREE DESIGN ANTENNA FACILITY LOCATED AT 4496 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.

Recommendation:   That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2014-01, subject to the conditions in Exhibit “A” of the Resolution. In accordance with California Environmental Quality Act (CEQA) guidelines, a Categorical Exemption, Class 3, will be filed for this project.

RESOLUTION NO. 6418

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2014-01
- WITH CONDITIONS.

Item No. 6:   AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2014-2015.

Recommendation:   That the City Council adopt the Resolution by title only, approving the City’s participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, Interim City Manager, Acting Director of Community Development, and/or their designees to execute the associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council.

RESOLUTION NO. 6419

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE EXECUTION OF TWO CONTRACTS FOR THE
AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM
YEAR SPANNING JULY 1, 2014 THROUGH JUNE 30, 2015.

Item No. 7:   AWARD OF CONTRACT FOR BUILDING INSPECTION SERVICES.

Recommendation:   That the City Council approve the consultant services agreement with Charles Abbott Associates (CAA) for contract building inspection, permit technician, and plan check services as described in the contract’s scope of work.

Item No. 8:   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE FISCAL YEAR 2013-14 CONCRETE REHABILITATION PROJECT, PUBLIC WORKS PROJECT NO. 114.

Recommendation:   That the City Council: 1) Award a contract for the Fiscal Year 2013-14 Concrete Rehabilitation Project, Public Works Project No. 114, in the amount of $445,850, to the lowest responsible bidder, FS Construction, Sylmar, California; authorize a contingency of $66,800 (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 Management and Inspection Services, in the amount of $57,546, within the existing agreement for On-Call Construction/Management/Inspection/Engineering Services, for the Fiscal Year 2013-14 Concrete Rehabilitation Project, Public Works Project No. 114, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $8,600 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer, with Mayor Mills and Council Member Narain not participating due to their property ownership in proximity to this project. 

Item No. 10:  APPROVAL OF FINAL TRACT MAP NO. 17650. PROPERTY LOCATED AT 8612 LA SALLE STREET.

Recommendation:   That the City Council approval Final Tract Map No. 17650 and authorize the City Clerk to sign the record map.

Item No. 11:  APPROVAL OF FINAL TRACT MAP NO. 17629. PROPERTY LOCATED AT 6178 AND 6182 LINCOLN AVENUE.

Recommendation:   That the City Council approve Final Tract Map No. 17629 and authorize the City Clerk to sign the record map.

Item No. 12:  APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE AND ANNUAL MAINTENANCE OF TWELVE (12) MOTOROLA MC75A HAND-HELD ELECTRONIC CITATION DEVICES AND RELATED ACCESSORIES.

Recommendation:   That the City Council: 1) Approve the appropriation of $71,284 to account number 721-95300.4305_200 (Equipment – Police) from the Equipment Replacement Fund available fund balance for the purchase of twelve (12) Motorola MC75A hand-held electronic citation devices and accessories; and 2) Approve a transfer in the amount of $71,284 from the unreserved fund balance of the Narcotic Asset Seizure Fund (281-99999.4501_721) to the Equipment Replacement Fund (721-99999.3901_281) to fund the purchase of the electronic citation devices and accessories; and 3) Approve the annual appropriation of $7,044 to account number 281-50179.4116 (Computer Hardware/Software) from the Narcotic Asset Seizure Fund restricted fund balance for the annual Integrated Law and Justice Agency of Orange County (ILJAOC) Software and Hardware Maintenance Services; and 4) Grant signature authority to the positions of City Manager, Finance Director or Police Chief to execute the Automated Citations Project – Letter of Commitment.

Item No. 13:  ADOPTION OF A RESOLUTION MODIFYING THE TEMPORARY PART-TIME AND SEASONAL EMPLOYEES HOURLY PAY RANGE SCHEDULE TO COMPLY WITH STATE LAW.

Recommendation:   That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, amending Resolution No. 6045 modifying the Temporary Part-Time and Seasonal Employees hourly pay range schedule.

RESOLUTION NO. 6420

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING RESOLUTION
NO. 6045 ESTABLISHING HOURLY PAY RANGES FOR
TEMPORARY PART-TIME AND SEASONAL POSITIONS.

Item No. 14:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 29892 THROUGH 30059.

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

Regarding Item No. 9:  APPROPRIATION OF FUNDS FROM THE UNASSIGNED FUND BALANCE OF THE GENERAL FUND IN THE AMOUNT OF $7,500 FOR PREPARATION OF A RESIDENTIAL REFUSE VEHICLE STREET MAINTENANCE COST IMPACT STUDY, Mayor Mills requested that staff provide a briefing on this item with an emphasis on State Law and what is required. 

The Interim City Manager reported that there have been discussions with regard to lowering the street maintenance impact and that this item is a request for appropriations to conduct an impact study and whether it is to be included in the franchise fee or part of the General Fund.  He stated that based on the City’s source reduction and recycling element established in 1992, a green waste program is State required and that the City could be subject to a fine of up to $10,000 per day if deemed non-compliant. 

Council Member Yarc asked if weekly green waste pick-up is part of the State regulations and if residents can opt out of the green waste program. 

The Interim City Manager stated that residents may opt out of the green waste service, however the City must provide a green waste collection.  He stated that it has not yet been determined if the service would be weekly or bi-weekly. 

Council Member Narain stated that he is reconsidering his position on weekly pick-up for all three waste services, and that bi-weekly pick-up for green waste and recycling would be appropriate and eliminate traffic impacts.  He asked about discussion on this matter due to it not being agendized. 

The City Attorney stated that this is a fair issue for discussion and that it would be more effective once the quotes are received and costs could be reviewed.  He indicated that the City has never conducted a trash truck impact study and that a cost analysis would be beneficial when deciding on a pick-up schedule. 

Mayor Pro Tem Johnson asked if Homeowner’s Associations (HOA’s) would be required to have green waste service. 

The Interim City Manager stated that many HOA’s contract with landscape companies who remove the green waste and that they would not be required to have the service.  He stated that the service would be offered to other HOA’s who do not have such a service, unless they opt out. 

Mayor Pro Tem Johnson asked if the cost of the study could be passed on to the hauler. 

The Interim City Manager responded that the trash impact study costs would be incorporated into the trash collection administrative costs. 

Mayor Pro Tem Johnson spoke regarding accumulated green waste and fire hazard concerns during hot weather. 

Council Member Bailey commented on increased trash from families with children and spoke in support of weekly pick-ups. 

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council approve an appropriation of $7,500 from the Unassigned Fund Balance of the General Fund to Account No. 111-20120.4189_100 (Other Professional Services) for preparation of a street maintenance cost impact study.

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

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.

George Pardon, Cypress, spoke regarding trash pick-up.

ITEMS FROM CITY COUNCIL MEMBERS:

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

Council Member Bailey:

Attended the Cypress Employee Service Awards luncheon.  Asked staff to agendize an item regarding the Home Energy Renovation Opportunity (HOME) and Property Assessed Clean Energy (PACE) programs. 

Mayor Pro Tem Johnson:

Served as emcee of the Rising Stars and Youth Juried Art Show.  Attended the FOCCA scholarship awards.  Attended an Orange County Government Leaders prayer breakfast.

Council Member Yarc:

Attended the Cypress College Foundation Scholarship awards.

Council Member Narain:

Attended an O.C. Sanitation District Discrimination and Harassment training.

Mayor Mills:

Visited Tari Hoops’ 3rd grade class at Landell Elementary School.  Attended the SCAG Regional Conference and General Assembly.  Welcomed Boy Scout Troop 642 to Cypress City Hall.  Attended an OCCOG Executive Management meeting.  Attended Young Kim’s campaign headquarters grand opening in Buena Park.  Spoke regarding the artificial turf Municipal Code modification.  Reminded of the May 26th Memorial Day event at Cypress Forest Lawn.

ITEMS FROM INTERIM CITY MANAGER: 

The Interim City Manager stated that the PACE and HERO Resolutions would be on the agenda for the next regular City Council meeting. 

ADJOURNMENT: Mayor Mills adjourned the meeting at 8:30 p.m. to Tuesday, May 27, 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 ~ 714-229-6680