Minutes 2013-09-09136
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 9, 2013
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Marielien Yarc
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
Director of Finance and Administrative Services Richard Storey
Public Works Director Doug Dancs
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Number 262- 461 -05, Located at
8721 Cypress Street, Negotiating Party: City Manager, Under Negotiation: Price and
Terms of Payment.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Labor Negotiators, pursuant to Government Code Section
54957.6, Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups:
Cypress Police Officers Association.
At 6:02 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by
Mayor Narain.
Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Doug Bailey
Council Member Rob Johnson
Council Member Marielien Yarc
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez - Whiteley
Public Works Director Doug Dancs
Recreation Superintendent Dena Diggins
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
CITY COUNCIL MINUTES SEPTEMBER 9, 2013 137
Associate Planner Kori Nevarez
Assistant Planner Judy Aquino
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.
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
Conference with Real Property Negotiators, pursuant to Government Code Section
54956.8, Real Property Identified by APN Number 262- 461 -05, Located at 8721
Cypress Street, Negotiating Party: City Manager, Under Negotiation: Price and Terms
of Payment. He stated that a privileged and confidential briefing on negotiations was
held between City staff and Cypress School District staff, questions were answered,
and that further negotiating authority was provided by the City Council.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6,
Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups: Cypress
Police Officers Association. He stated that the City and the Cypress Police Officers
Association have reached tentative settlement and agreement on a memorandum of
understanding that will be presented for public consideration and action at a future City
Council meeting.
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 Narain asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Don Seward, Cypress, spoke regarding the Mackay Elementary School property.
Shelley Henderson, Cypress, spoke regarding the Wings, Wheels and Rotors Expo in
Los Alamitos.
Patricia Rudner, Cypress, spoke regarding the waste disposal contract.
Chris Tenorio, spoke regarding Cottonwood Runners fundraising efforts for Grateful
Hearts.
George O'Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities
and events.
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.
2013 -04, A REQUEST TO OPERATE A PRIVATE GYM/WORKOUT FACILITY
WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4107 BALL ROAD IN
THE CG COMMERCIAL GENERAL ZONE.
The Assistant Planner provided background information on this item.
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CITY COUNCIL MINUTES SEPTEMBER 9, 2013 138
Council Member Johnson asked if the hours of operation are consistent with the
surrounding businesses' hours of operation, and asked if the business would provide
personal training services.
The Assistant Planner responded that the hours of operation are consistent with the
surrounding businesses' hours of operation, and that one -on -one personal training
would be offered.
Mayor Pro Tem Mills commented that Conditions 7.2, 7.5, and 21.2 are invalid
requirements of the tenant and stated that the conditions should be deleted as they are
obligations of the property owner.
Council Member Bailey concurred with the deletion of Conditions 7.2 and 21.2,
however, in regard to Condition 7.5, he stated that both the property owner and the
tenant should be responsible for graffiti removal.
The Planning Manager stated that Condition 7.5 is new in order to address graffiti
concerns in a commercial center and that it would be added to future permits. He
stated that the verbiage could be modified and that the property owner and applicant
would be required to sign acceptance of the Conditions of Approval.
Mayor Narain suggested that "property owner" be changed to "applicant" in Condition
7.5.
The Planning Manager responded in the affirmative.
The applicant, Chris Rojo, stated that he agreed with the suggested amendments to the
Conditions of Approval including Condition 7.5 and graffiti removal requirements.
The public hearing was opened.
Mayor Narain asked if there was anyone who wished to speak on this item.
David Rose, Cypress, asked how traffic impacts were evaluated for the project.
The Assistant Planner clarified that this use would be on an appointment -only basis,
and that there was no traffic impact with the previous fitness center.
The public hearing was closed.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that
the City Council the City Council adopt the Resolution by title only, approving Conditional
Use Permit No. 2013 -04, subject to the conditions in Exhibit "A" of the Resolution, as
amended.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013 -04
— WITH CONDITIONS.
Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2013 -05 AND TENTATIVE TRACT MAP NO. 17629, A REQUEST TO COMBINE TWO
LOTS INTO A ONE -LOT SUBDIVISION AND CONSTRUCT 19 CONDOMINIUM
UNITS ON THE PROPERTY LOCATED AT 6178 -6182 LINCOLN AVENUE IN THE PC
PLANNED COMMUNITY ZONE
The Associate Planner provided background information on this item.
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CITY COUNCIL MINUTES SEPTEMBER 9, 2013 139
Mayor Pro Tem Mills asked for clarification on the open parking spaces.
The Associate Planner pointed out on the project plans the 21 open parking spaces.
The applicant, John Bonanni, thanked staff for their assistance and stated that he
accepts all of the conditions of approval.
Mayor Pro Tem Mills asked about the target tenants and the price range of the units.
Mr. Bonanni indicated that there is no particular target tenant, and that the units price
range would be approximately $479,000.
Mayor Pro Tem Mills asked about modifications on the Americans with Disabilities Act
units.
Mr. Bonanni stated ADA modifications include wider door space but that there would
not be elevators.
Council Member Johnson asked about the additional parking and parking enforcement.
Mr. Bonanni stated that parking enforcement would be managed by the homeowner's
association.
The public hearing was opened.
Mayor Narain asked if there was anyone who wished to speak on this item.
David Rose, Cypress, asked about traffic impacts from the project.
The Associate Planner stated that the project qualifies for a categorical exemption
Class 32 under the California Environmental Quality Act (CEQA) and that the
environmental analysis is done based on the City General Plan.
The Public Works Director commented on traffic impact fees and that no frontage
improvements would be done.
Shelley Henderson, Cypress, asked about the project's proximity to the Habitat for
Humanity development.
The Associate Planner indicated that the project is close to the Habitat for Humanity
development.
The public hearing was closed.
Mayor Pro Tem Mills requested Condition No. 19.2 be deleted as it is for projects
greater than one acre and this project is .94 acres.
It was moved by Mayor Pro Tem Mills and seconded by Mayor Narain, that the City
Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2013-
05 and Tentative Tract Map No. 17629, 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: Yarc, Johnson, Bailey, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05
— WITH CONDITIONS.
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CITY COUNCIL MINUTES
RESOLUTION NO. 6381
SEPTEMBER 9, 2013 140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 17629
— 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.
Council Member Bailey requested Agenda Item No. 5 be pulled from the Consent
Calendar.
It was moved by Council Member Bailey and seconded by Council Member Johnson, to
approve Consent Calendar Items No. 3, 4, and 6 through 8.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Johnson, Bailey, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
AUGUST 26, 2013.
Recommendation: That the City Council approve the Minutes of the Meeting of August
26, 2013, 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. 6: APPROPRIATION OF FUNDS FOR POLICE ACADEMY RECRUIT
TRAINING.
Recommendation: That the City Council approve the following appropriations in the
General Fund for Fiscal Year 2013 -14 as follows:
111 - 50167.4220 (P.O.S.T. Training) $19,635
111- 50167.4103_008 (Ammunition) $13,270
111 - 50167.4113 (Uniforms) $ 5,110
111- 50167.4113 (Leather Gear) $ 1,775
111 - 50167.4113 (Duty Holsters) $ 975
Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEARS 2012 -13 AND 2013 -14 FOR WARRANTS NO.
27160 THROUGH 27312.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Years 2012 -13 and 2013 -14.
Recreation and Park District Matters:
Item No. 8: APPROVAL OF FISCAL YEAR 2012 -13 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION
AND PARK DISTRICT TO FISCAL YEAR 2013 -14
Recommendation: That the City Council, acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District:
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CITY COUNCIL MINUTES SEPTEMBER 9, 2013
1. Authorize the appropriation of funds in Fiscal Year 2013 -14 for items encumbered at
June 30, 2013 as detailed in Attachment A and summarized below:
212 CRPD General Fund $ 43,577
2. Authorize the appropriation of funds in Fiscal Year 2013 -14 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
212 CRPD General Fund
725 CRPD Central Services Fund
$ 1,509,848
$11,500
3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2013 -14 as listed below:
FROM TO AMOUNT
213 Park Development Fund 212 General Fund $ 272,078
Regarding Item No. 5: APPROVAL OF FISCAL YEAR 2012 -13 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF
CYPRESS TO FISCAL YEAR 2013 -14, Council Member Bailey commented that the
carryover amount seems to be more excessive than in past years.
The Director of Finance and Administrative Services stated that last year's carryover
amount was $21.1 million and that the carryovers include projects and grants that may
not coincide with the Fiscal Year end and seasonal projects. He indicated that Fiscal
Year 2013 -14 carryovers total $9.8 million and that Fiscal Year 2012 -13 carryovers
were $14.8 million, with last year's encumbrances of $7.1 million compared to this
year's encumbrances of $13.4 million. He assured that there has been progress and
reminded that $4 million is being carried over for the Myra Avenue pump station.
The Director of Finance and Administrative Services stated that the City is staying
within its seven -year plan.
Council Member Bailey asked why the contingency was carried forward.
The Director of Finance and Administrative Services stated that the contingency for the
City Manager has been decreased and that it would be used for emergency actions.
It was moved by Council Member Bailey and seconded by Council Member Johnson,
that the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2013 -14 for the carryover items as
detailed in Attachment A and summarized as follows:
111 General Fund
114 General Fund Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Assessment Fund
251 Lighting District #2 Fund
261 Storm Drainage Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
713 Information Systems Fund
721 Capital Replacement Fund
TOTAL
$ 373,572
459,359
163,939
1,986,264
10,000
3,516
16,490
2,147,323
4,530,903
59,330
109,683
$ 9,860,379
2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year
2013 -14 as listed below:
FROM
235 Regional Traffic Fee
236 Measure M Gas Tax
281 Narcotics Asset Seizure
281 Narcotics Asset Seizure
TOTAL
TO
111 General Fund
232 Gas Tax 2106
415 Capital Projects
721 Capital Replacement
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AMOUNT
$ 900
450,626
391,379
12,401
$ 855,306
141
CITY COUNCIL MINUTES SEPTEMBER 9, 2013
3. Authorize the continuation of the following grant revenue to support continuing
appropriations to Fiscal Year 2013 -14:
114 General Fund Grants [114- 20121.3525/114- 50183.3525]
232 Gas Tax 2106 Fund [232- 99999.3525]
415 Capital Projects Fund [415- 99999.3525]
TOTAL
$ 462,359
347,743
79,355
$ 889,457
4. Authorize the appropriation of funds in Fiscal Year 2013 -14 for items encumbered at
June 30, 2013 as detailed in Attachment B and summarized below:
111 General Fund
114 General Fund - Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Fund
262 Plan Local Drain Facility Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
721 Capital Replacement Fund
TOTAL
END OF CONSENT CALENDAR
NEW BUSINESS:
$ 52,836
6,000
1,935,383
77,738
360,860
8,313
3,790,801
7,087,715
131,686
$ 13,451,332
Item No. 9: ADOPTION OF A RESOLUTION ESTABLISHING AN AD HOC
SUBCOMMITTEE FOR THE SOLID WASTE AND RECYCLING SERVICES
COMPETITIVE PROCUREMENT PROCESS.
The Administrative Services Manager provided background information on this item.
Mayor Narain stated that workshop discussion included the formation of an Ad Hoc
Subcommittee and shortening the procurement process, and that a better option may
be for staff to manage the preliminary work and the entire City Council to make a
decision on the consultant.
Council Member Bailey agreed with Mayor Narain's suggestion and stated that there
may not be a need for an Ad Hoc Subcommittee.
Mayor Narain asked if an Ad Hoc Subcommittee is not appointed, would the
procurement process come before the City Council for approval.
The City Attorney responded in the affirmative and stated that only two members of the
City Council may participate in an Ad Hoc Subcommittee. He spoke of Brown Act
concerns if the intent of the Subcommittee is to reach out the community and that once
an Ad Hoc Subcommittee is designated, those members of the City Council need to be
circumspect about contacting existing and /or prospective haulers in order for the
process to be open and transparent and independently evaluated.
Mayor Narain directed that no Ad Hoc Subcommittee appointment be made and that
the entire City Council be part of the consultant appointment process. He directed staff
to manage the preliminary work and submit it to the City Council for review.
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 MATTERS:
The Cypress City Council, Acting as the Successor Agency to the Cypress
Redevelopment Agency.
No items.
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142
CITY COUNCIL MINUTES
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
SEPTEMBER 9, 2013 143
Mayor Narain requested reports from the Council Members on their respective
committee assignments.
Council Member Johnson:
Attended the Cypress Employee Appreciation luncheon. Met with staff regarding
maintenance and landscaping throughout the City. Attended a Cypress College
Foundation meeting. Met with O.C. Fire Authority representatives regarding support
services.
Mayor Pro Tem Mills:
Attended the final Concert on the Green. Represented Cypress at a Change of
Command ceremony at the Joint Forces Training Base. Commented on curb painting
notices he has received in his neighborhood and that the City provides this service at
no charge.
The Chief of Police stated that residents can contact the Police Department who will
then contact the vendors.
The Public Works Director stated that curb numbering is done approximately every five
years, and that residents can contact the Maintenance Division for curb painting on an
on -call basis.
Council Member Yarc:
Attended the Cypress Employee Appreciation luncheon. Attended the Cypress
Soroptimist meeting. Reminded of the Veterans Appreciation Picnic this weekend
hosted by the Woman's Club of Cypress.
Mayor Narain:
Attended an O.C. Sanitation District Board meeting. Received a plaque on behalf of
the City from the Southern California Chapter of the American Public Works
Association. Asked about the Fresh and Easy location on Walker Street and if Trader
Joe's could be approached for tenancy.
The City Manager indicated that the City's Economic Development staff will send a
letter to Trader Joe's expressing the City's interest in their business.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Narain adjourned the meeting at 8:04 p.m. in memory of VIP
Mike Garrity to Monday, September 23, 2013, beginning at 5:30 p.m. in the Executive
Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
8
MAYOR OF THE CITY OF CYPRESS