MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MAY 27, 2014

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

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

Staff present:
Interim City Manager Richard Storey
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
Recreation and Community Services Director June Liu
Assistant Director of Finance & Administrative Services Matt Burton
Human Resources Manager Cathy Thompson
City Clerk Denise Basham

ORAL COMMUNICATIONS:

Linda Zimmerman, Cypress, spoke regarding Agenda Item No. 2

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Clerk.

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, Cypress Employees’ Association. 

At 6:07 p.m., the Mayor recessed the meeting.

7:00 P.M. SESSION:

The 7:00 p.m. session of the City Council meeting was called to order at 7:07 p.m. by Mayor Mills.

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

Staff present:
Interim City Manager Richard Storey
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
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
Public Works Superintendent Bobby Blackburn
Redevelopment Project Manager Steve Clarke
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Boy Scout Troop 671.

The meeting was recessed at 7:11 p.m.

The meeting reconvened at 7:14 p.m.

INVOCATION:  The invocation was given by City Attorney Wynder.

PRESENTATIONS:

The Police Chief introduced new Police Service Dog Pasko and his handler Officer Mike McBain.

Battalion Chief Willie Mattern, Orange County Fire Authority, made a presentation on water safety awareness.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

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

The City Attorney reported that the City Council met in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:  City Clerk.  He stated that the City Council completed its performance evaluation and will be delivering that evaluation directly to the City Clerk. 

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 authorized the City Attorney to make a conditional offer of employment to a finalist candidate subject to negotiating a contract which will come back for public consideration and action at a future City Council meeting, successfully passing a life scan background check, successfully passing a drug test, and successfully completing a background check of references and other information.  He stated that once that process is completed, a formal action to consider approving a contract of employment would be brought back for future City Council action.

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, Cypress Employees’ Association.  He stated that there was a privileged and confidential briefing of the City Council, and that the negotiating authority was requested and unanimously provided to its negotiators. 

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.

Ginger Anderson, Westminster, spoke regarding the indemnification agreement for contract employees.

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 A REQUEST TO APPROVE GENERAL PLAN AMENDMENT NO. 2014-02, ZONE CHANGE NO. 2014-02, CONDITIONAL USE PERMIT NO. 2014-05, TENTATIVE TRACT MAP NO. 17669 AND THE MACKAY PLACE SPECIFIC PLAN FOR THE CONSTRUCTION OF 47 SINGLE-FAMILY HOMES ON THE PROPERTY LOCATED AT 8721 CYPRESS AVENUE IN THE PS-1A PUBLIC & SEMI-PUBLIC ZONE.

The Planning Manager provided background information on this item. 

Collette Morris, RBF Consulting, discussed the Environmental Impact Report (EIR) process and stated that it would include scoping, an initial study, technical studies, public review period, response to comments, final document preparation, and presentation to the City Council.  She indicated that there are several opportunities for public input, and stated that a conservative approach was taken for this project in consideration of the project timeframe.  She stated that a 30-day public and agency review period was held last year and several scoping meetings were also held. 

Ms. Morris stated that effects found not to be significant of the proposed project include aesthetics, agricultural and forestry resources, biological resources, cultural resources, and mineral resources.  She indicated that EIR’s are prepared in order to document existing conditions, analyze and determine the significance of impacts, suggest feasible mitigated measures to reduce impacts, and arrange feasible alternatives to the proposed project.  She stated that 17 topical areas were reviewed in the EIR and that the conclusion indicated that all impacts were less than significant or less than significant with mitigation.  Ms. Morris indicated that 27 mitigation measures were reviewed. 

Ms. Morris stated that alternatives considered but not carried forward for additional analysis include location of the park on the north side of the project site and distribution of park area throughout the project site.  She indicated that it was determined that both alternatives were not feasible.  She stated that an existing zoning alternative and all residential alternative were reviewed. 

Ms. Morris reviewed the summary of environmental impacts and mitigation measures chart, and spoke of the California Environmental Quality Act (CEQA) process and requirements.  She indicated that eight comment letters were received from various state and local agencies, as well as residents, and that written responses were prepared to the comments and that none warranted new analysis or recirculation. 

The Planning Manager displayed photos depicting driveway approaches similar to that discussed of the Bonanni Development. 

The Mayor suggested that the curbs be more tire-friendly, as done by the Cities of La Palma and Garden Grove. 

Council Member Bailey asked if the tire-friendly curbs are part of the Conditions of Approval and if they are Americans with Disabilities Act (ADA) compliant. 

The Public Works Director responded that the tire-friendly curbs could be made ADA compliant and that occasionally the sidewalk has to be moved onto the property, and that it may require more of an easement depending upon which solution is chosen. 

Council Member Bailey asked if the developer is accepting of the tire-friendly curbs. 

The Public Works Director responded that the question would have to be asked of the developer. 

The public hearing was opened.

The co-applicant, Tony Arness, Warmington Residential, stated that the conditions are acceptable including the tire-friendly curb designs, and that he would be willing to work with the City and the Public Works Department in order to come up with an acceptable design. 

Mr. Arness provided a 3-dimensional visual presentation of the proposed site.  He indicated that the project is not gated and that the park would be available for unrestricted use by the residents.  He stated that the site has been abandoned for 33 years and that surrounding residents have been supportive of the project. 

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

The following spoke in favor of the project:

Beverly Hempstead, Cypress School District Superintendent
Tammy Hata, Cypress
Tim Keenan, Cypress
Marlo Mole, Warmington Residential
Irene Snyder, Cypress
Cynthia Trostler, Cypress
Donna Wittenberg

Mr. Arness thanked City staff for their collaborative effort.

The public hearing was closed.

Council Member Yarc asked about the loss of open space with regard to what is being used for athletic activities. 

The Director of Recreation and Community Services stated that the current open space is approximately seven acres and that there would be a loss of approximately four acres.

Council Member Yarc asked if the current open space of approximately seven acres is being used for organized team play. 

The Director of Recreation and Community Services responded that the Recreation and Community Services Department regularly issues annual permits for the Mackay School site for practice sites for soccer and baseball. 

Council Member Yarc asked if the soccer and baseball teams would have an alternate practice site should this project be approved.

The Director of Recreation and Community Services Director replied that staff has been in contact with both sports groups and that the City has joint use agreements with the Anaheim Union High School District and the Cypress School District for relocation practice sites. 

Council Member Bailey reiterated that this project is not a final vote for disposition of the property and is merely a site specific plan and a General Plan Amendment offered to the voters on November 4, 2014.  He stated that he is in favor of the project.

Mayor Pro Tem Johnson thanked Warmington Residential for their professionalism and transparency. 

It was moved by Council Member Narain and seconded by Mayor Mills, that the City Council: 1) Adopt the Resolution by title only, certifying the Mackay Place Environmental Impact Report and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Introduce for first reading the Ordinance by title only, approving Zone Change No. 2014-02 and the Mackay Place Specific Plan; and 3) Adopt the Resolution by title only, approving General Plan Amendment No. 2014-02; and 4) Adopt the Resolutions by title only, approving Conditional Use Permit No. 2014-05 and Tentative Tract Map No. 17669, 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. 6421

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH#2013121083) FOR THE MACKAY PLACE RESIDENTIAL
PROJECT LOCATED AT 8721 CYPRESS AVENUE IN THE
CITY OF CYPRESS, CALIFORNIA.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING ZONE CHANGE NO. 2014-02 AND THE MACKAY
PLACE SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION
OF 6.8 ACRES OF THE PROPERTY LOCATED AT 8721 CYPRESS
AVENUE FROM PS-1A PUBLIC & SEMI-PUBLIC TO
PC PLANNED COMMUNITY (PC-13).

RESOLUTION NO. 6422

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING GENERAL PLAN AMENDMENT NO. 2014-02,
CHANGING THE GENERAL PLAN CLASSIFICATION OF THE PROPERTY
LOCATED AT 8721 CYPRESS AVENUE FROM COMMUNITY
SERVICES AND FACILITIES TO SPECIFIC PLAN AREA.

RESOLUTION NO. 6423

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014-05
– WITH CONDITIONS.

RESOLUTION NO. 6424

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17669
– WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING A REQUEST TO APPROVE GENERAL PLAN AMENDMENT NO. 2014-03, ZONE CHANGE NO. 2014-03, CONDITIONAL USE PERMIT NO. 2014-06, TENTATIVE TRACT MAP NO. 17773 AND THE HARMONY 2015 SPECIFIC PLAN FOR THE CONSTRUCTION OF 29 SINGLE-FAMILY HOMES ON THE PROPERTY LOCATED AT 9470 MOODY STREET IN THE PS-1A PUBLIC & SEMI-PUBLIC ZONE.

The Planning Manager provided background information on this item.

The public hearing was opened.

The applicant, Hal Woods, Centerstone Communities West, stated that he agrees with the conditions of approval, as revised.  He thanked City and Cypress School District staff, the consultant, and the Parent Teacher Association.  He spoke regarding the positive impacts of the project and stated that it would generate a much-needed tax base for the City, and that the Cypress School District would have a new District Office building. 

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

Daniel St. Clair, Cypress, requested that a survey of the properties be done if the project is approved. 

The following spoke in opposition to the project:

Rosalie Straughan, Cypress
Linda Zimmerman, Cypress

The following spoke in favor of the project:

Valeri Peters Wagner, Cypress School District
Ted Sung, Cypress

Mr. Woods addressed concerns raised with regard to the existing development possibility built 16 feet short of original plans, and indicated that an Assessor’s Parcel map and a legal description are used and that it would be beneficial in increasing the property setbacks.  He indicated that the lot sizes are single-family and are larger than normal for the area, and discussed their comparison to the Sorrento Homes.  He stated that the project would generate a low amount of traffic. 

The public hearing was closed.

Council Member Narain asked about the number of two-car and three-car garages. 

The Planning Manager responded that there would be a two-car direct drive-in plus one side-loaded. 

Council Member Narain asked about the property exchange and zoning change.

The Planning Manager replied that the matter would be addressed with the November 2014 election. 

Council Member Bailey asked for clarification on the property lines. 

The Acting Director of Community Development stated that the property lines will be checked and approved by the County of Orange Surveyor’s Office if approved by the voters. 

Council Member Yarc asked about the Cypress School District’s authority to exchange property with private parties. 

Mr. Barry Blade, Cypress School District, stated that the California Education Code provides that school districts can exchange property and that it would not be necessary to go through the surplus property statutes. 

Council Member Bailey reiterated that this project is not a final vote for disposition of the property and is merely a site specific plan offered to the voters on November 4, 2014.  He commented on the high value of the homes and that he is in favor of the project.

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Narain, that the City Council: 1) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving General Plan Amendment No. 2014-03; and 3) Introduce for first reading the Ordinance by title only, approving Zone Change No. 2014-03 and the Harmony 2015 Specific Plan; and 4) Adopt the Resolutions by title only, approving Conditional Use Permit No. 2014-06 and Tentative Tract Map No. 17773, subject to the conditions in Exhibit “A” of the Resolutions, as amended.

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

AYES:        5    COUNCIL MEMBERS:   Bailey, Narain, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6425

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING GENERAL PLAN AMENDMENT NO. 2014-03,
CHANGING THE GENERAL PLAN CLASSIFICATION OF THE
PROPERTY LOCATED AT 9470 MOODY STREET
FROM COMMUNITY SERVICES AND FACILITIES TO
SPECIFIC PLAN AREA.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING ZONE CHANGE NO. 2014-03 AND THE HARMONY
2015 SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION
OF THE PROPERTY LOCATED AT 9470 MOODY STREET
FROM PS-1A PUBLIC & SEMI-PUBLIC TO
PC PLANNED COMMUNITY (PC-14).

RESOLUTION NO. 6426

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2014-06
– WITH CONDITIONS.

RESOLUTION NO. 6427

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17773
– WITH CONDITIONS.

The Mayor stated that for continuity, Agenda Item No. 11 would be addressed next.

NEW BUSINESS:

Item No. 11:  APPROVAL OF RESOLUTION MAKING NAYLOR ACT FINDINGS REQUIRED FOR THE PROPOSED ACQUISITION OF A PORTION OF THE MACKAY SITE BY CITY FROM DISTRICT FOR RECREATION AND OPEN SPACE USES, SURPLUS SCHOOL PROPERTY PURCHASE PLAN FOR THE “SURPLUS SCHOOL ACREAGE” IN THE CITY OF CYPRESS AND RESOLUTION ADOPTING SURPLUS SCHOOL PROPERTY PURCHASE PLAN, AND PURCHASE AND SALE DOCUMENTS REGARDING MACKAY SITE.

The Assistant City Attorney provided background information on this item.

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council, by a two-thirds vote, adopt the Resolution by title only, making the findings required by the Naylor Act (California Education Code §§ 17485-17500).

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. 6431

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING AND DETERMINING THAT ACQUISITION OF A PORTION
OF THE MACKAY SITE BY THE CITY OF CYPRESS FROM THE
CYPRESS SCHOOL DISTRICT IS SUBJECT TO THE NAYLOR ACT,
AS SET FORTH AT CALIFORNIA EDUCATION CODE SECTION 17486.

It was moved by Council Member Narain and seconded by Mayor Pro Tem Johnson, that the City Council adopt the Resolution by title only, approving the “Surplus School Property Purchase Plan” required by California Education Code § 17493 for the four (4) Cypress School District properties located in the City of Cypress which meet the statutory definition of “surplus school acreage” (as the term is defined by California Education Code § 17499), including the Mackay Site.

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. 6432

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY’S SURPLUS SCHOOL PROPERTY
PURCHASING PLAN.

It was moved by Mayor Pro Tem Johnson and seconded by Council Member Narain, that the City Council approve entering into that certain “Purchase and Sale Agreement for the Mackay Site” by and between the City of Cypress and the Cypress School District with respect to the City’s acquisition of thirty (30) percent of the Mackay Site pursuant to the Naylor Act, said acquisition to be contingent upon the voter approval of the proposed rezoning of the Mackay Site; approve a transfer in the amount of $480,000 from the restricted fund balance of the Cypress Recreation and Park District Development Fund (213-99999.4501_212) to the Cypress Recreation and Park District General Fund (212-99999.3901_213) to provide for the purchase of the City Site; and approve the appropriation of $480,000 to account number 212-80700-8071.4176 (Land Acquisition) from the Cypress Recreation and Park District General Fund fund balance for the purchase of 2.91 acres of land located at 8721 Cypress Street in the City of Cypress, California and more particularly described and identified in the legal description and map in Exhibit “A-3” to the Mackay Purchase Agreement (the “City Site”).

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

AYES:        5    COUNCIL MEMBERS:   Bailey, Narain, Yarc, Johnson and Mills
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

Item No. 3:   PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2014-15 THROUGH FISCAL YEAR 2020-21 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS/CYPRESS RECREATION AND PARK DISTRICT.

The Senior Civil Engineer provided background information on this item. 

Mayor Mills asked when the Orange County Transit Authority (OCTA) approval would be agendized with regard to a related Capital Project. 

The Senior Civil Engineer stated that he would research the OCTA approval date and follow-up with the City Council. 

Mayor Pro Tem Johnson asked about Americans with Disabilities Act (ADA) requirements and funding. 

The Public Works Director stated that money was budgeted for grass improvements and that money was transferred to the ADA transition plan so that no other money was touching any of the other improvements that were in the overall park infrastructure plan.  He stated that the ADA money did not displace any other work except for a portion of the grass work. 

Mayor Pro Tem Johnson asked when the dugouts and dugout covers at Oak Knoll Park were installed. 

Council Member Bailey stated that Advisory Committee on the Use of Athletic Facilities (ACUAF) funds were used for the dugouts, fencing, grass, infield brick dust, and weekly maintenance at Oak Knoll Park. 

Mayor Pro Tem Johnson stated that the Cypress Girls Softball League funded six dugouts with overhead poles and roofs for approximately $7,000 over 10 years ago, and asked about increased costs for a similar project. 

The Public Works Director stated that the costs reflected are estimates and that contract bids would be solicited based on the market value. 

The public hearing was opened.

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

The public hearing was closed.

It was moved by Council Member Bailey and seconded by Council Member Yarc, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City of Cypress/Cypress Recreation and Park District Capital Improvement Program (CIP) proposed Fiscal Year 2014-15 through Fiscal Year 2020-21 Capital Improvement Program (CIP); and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District CIP for Fiscal Year 2014-15 through Fiscal Year 2020-21.

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

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.

Council Member Narain stated he would abstain from Agenda Item No. 6 due to the proximity of his home to the project site.

It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 4 through 10.

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. 4:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 12, 2014.

Recommendation:   That the City Council approve the Minutes of the Meeting of May 12, 2014, as submitted.

Item No. 5:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 6:   APPROVAL OF AMENDMENT TO THE CONTRACT AGREEMENT FOR THE VALLEY VIEW STORM DRAIN (C9), PUBLIC WORKS PROJECT NO. 79.

Recommendation:   That the City Council authorize the Interim City Manager to approve Amendment No. 1 to the Contract Agreement with Mike Bubalo Construction Company, Inc. for construction of the Valley View Storm Drain (C9), Public Works Project No. 79, for a revised total contract amount of $263,819.76, with Council Member Narain not participating due to his ownership of property in the project area.

Item No. 7:   APPROVAL OF PLANS AND SPECIFICATIONS FOR THE DARRELL ESSEX PARK SOUTH BUILDING REPLACEMENT, PUBLIC WORKS PROJECT NO. 106.

Recommendation:   That the City Council approve the plans and specifications for the Darrell Essex Park South Building Replacement, Public Works Project No. 106.

Item No. 8:   APPROVAL OF PARTICIPATION IN THE CALIFORNIA HOME ENERGY RENOVATION OPPORTUNITY (HERO) PROGRAM AND THE FIGTREE PROPERTY ASSESSED CLEAN ENERGY PROGRAM.

Recommendation:   That the City Council: 1) Authorize the City’s participation in the California Home Energy Renovation Opportunity (HERO) Program through adoption of the Resolution by title only, approving an amendment to the Western Riverside Council of Governments (WRCOG) Joint Powers Agreement to add the City of Cypress as an Associate Member; and 2) Adopt the Resolution by title only, approving the City’s Associate Membership in the California Enterprise Development Authority; and 3) Adopt the Resolution by title only, and support documentation authorizing the City’s participation in the Figtree Property Assessed Clean Energy Program.

RESOLUTION NO. 6428

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
CITY’S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO
FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS
AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING THE AMENDMENT TO CERTAIN JOINT POWERS
AGREEMENT RELATED THERETO.

RESOLUTION NO. 6429

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF CYPRESS
IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND
AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE
MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE
MEMBERSHIP OF THE CITY IN THE AUTHORITY.

RESOLUTION NO. 6430

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE CITY OF CYPRESS TO JOIN THE FIGTREE
PACE PROGRAM, AUTHORIZING THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE TERRITORY OF THE CITY
OF CYPRESS, AND AUTHORIZING RELATED ACTIONS.

Item No. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2014.

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

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 30060 THROUGH 30222.

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

END OF CONSENT CALENDAR

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 an O.C. Vector Control District meeting.  Attended the quarterly BRACE meeting.

Mayor Pro Tem Johnson:

Attended the Cypress Chamber of Commerce Golf Tournament.  Spoke at Grace Christian School regarding leadership.  Attended the Cypress Police Appreciation luncheon.  Attended an O.C. Fire Authority Board of Directors meeting.  Attended the retirement party for Officer Paulo Morales.  Attended the Memorial Day event at Cypress Forest Lawn.

Council Member Yarc:

Attended the West-Comm Board meeting.  Attended a Cypress College Foundation Board meeting.  Attended the Cypress Police Appreciation luncheon.  Attended the retirement party for Officer Paulo Morales.  Attended the Memorial Day event at Cypress Forest Lawn.

Council Member Narain:

Attended an O.C. Sanitation District Administrative Committee meeting.  Attended the Cypress Police Appreciation luncheon.  Attended the Memorial Day event at Cypress Forest Lawn.

Mayor Mills:

Attended a City Selection Committee meeting.  Attended Congressman Lowenthal’s Academy Night at Oxford Academy.  Attended a Kiwanis Club of Cypress Red Ribbon essay and foundation scholarship dinner and awards.  Participated as a Luther Elementary School science project judge.  Attended an OCCOG Board of Directors meeting.  Attended the Memorial Day event at Cypress Forest Lawn.

ITEMS FROM INTERIM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Mills adjourned the meeting at 9:22 p.m. to Monday, June 9, 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