2019-01-28230
REGULAR MEETING
CYPRESS CITY COUNCIL
January 28, 2019
4:00 P.M.
A regular meeting of the Cypress City Council was called to order at 4:00 p.m. by Mayor
Berry in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
ROLL CALL
Cypress City Council, also acting as the Ex -Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Stacy Berry
Mayor Pro Tem Rob Johnson
Council Member Paulo Morales (arrived at 4:04 p.m.)
Council Member Jon Peat
Council Member Mariellen Yarc
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
None.
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,
Title: City Clerk.
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 Numbers 241-091-22 through 26,
Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners
Circle, Parties Negotiating with: Lewis Land Developers, LLC and Province Group, LLC,
Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.
At 4:02 p.m., the Mayor recessed the meeting.
At 6:18 p.m., the Mayor reconvened the meeting.
STAFF PRESENT
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Chief of Police Rodney Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services Cameron Harding
Assistant Director of Finance and Administrative Services Donna Mullally
City Engineer Kamran Dadbeh
City Planner Doug Hawkins
Building Official Bob Decker
Human Resources Administrator Regina Nguyen
Senior Management Analyst Jason Machado
Senior Management Analyst Alisha Farnell
City Clerk Denise Basham
WORKSHOP SESSION
The Director of Finance and Administrative Services provided an overview of the fee
analysis and recommendations, and stated the fees were last updated in 2006 and 2008.
He stated the workshop would include analysis and review of individual fees and
developing recommendations. He provided an update of the process, as well as the
current and recommended overview summary and stated six new fees are proposed.
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The Director of Finance and Administrative Services stated the proposed fees reflect a
recommendation for full cost recovery with a few exceptions. He indicated the four types
of fee recommendations include no subsidy (full cost recovery), partial subsidy (not
applicable to fees presented tonight), new fees, and fully -subsidized services.
The Director of Finance and Administrative Services reviewed the proposed arrest
booking fee increase from $160 to full cost recovery of $328.
Council Member Yarc asked about the collection of booking fees.
The City Attorney responded that booking fees are collected through Restitution Orders.
Council Member Morales commented that there would not be compensation for every
arrest.
The City Attorney responded in the affirmative, and clarified arrest extenuating
circumstances include indigent persons and failure to appear.
The Director of Finance and Administrative Services stated billings are not always
successful.
Council Member Morales commented that arrest fees are limited by State law.
The City Attorney responded in the affirmative.
The City Manager stated that imposed fees are limited to full cost recovery and optional
fees are limited by the current market and/or other City Council restrictions.
The Director of Finance and Administrative Services stated the staff recommendation is
in general to remove the subsidy from existing fees. He indicated the business licensing
processing fee would increase from zero to $26 to include staffing and new system
enhancements used for processing. He stated the fee would be consistent with business
license fees in other cities, and the business license tax remains unchanged.
The Director of Finance and Administrative Services indicated the residential alarm permit
would increase from zero to $40 and is commonly charged in surrounding cities and
currently paid by businesses within the City.
The Director of Finance and Administrative Services stated there is currently no charge
for an Alcohol Beverage Control (ABC) permit fee and the recommended minimum fee
would be $1,033 in order to accommodate significant police work.
Council Member Yarc asked if the permit would be for new liquor stores and restaurants.
The Chief of Police responded in the affirmative.
The Director of Finance and Administrative Services stated there is currently no fee for
blood draw recovery, it is a contracted service and the $107 recovery fee would apply
upon conviction.
The Director of Finance and Administrative Services indicated massage permits and
annual renewals would increase from zero to $517 for renewal and $1,033 for an initial
permit. He stated the Municipal Code requires a background investigation and an annual
renewal would ensure compliance.
The Director of Finance and Administrative Services stated there is no fee recommended
for vacation house checks since they are typically performed by the Volunteers In Policing
(VIP's) and offer a significant community benefit.
Council Member Peat asked if the $91,000 annual surplus/subsidy is for sworn staff to
perform the vacation house checks.
The Director of Finance and Administrative Services responded in the affirmative, and
indicated the cost also includes staff coordination and oversight of the VIP's.
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Council Member Yarc asked about the $888 cost of bingo licensing.
The City Manager responded one community hall in the city dedicates one day per week
for six non-profit and charitable groups and each charity benefits in excess of $100,000
annually. He stated bingo licensing is processed through the Police Department.
Council Member Morales commented that the $1,033 ABC permit fee is extreme.
The Director of Finance and Administrative Services responded the fee is consistent with
development fees and compliance requires time of sworn officers. He stated the
minimum fee is $1,033 and would be based on actual cost which could increase with
complex permitting.
The City Manager commented the ABC permit is revenue -worthy to restaurants.
Mayor Pro Tem Johnson asked about compliance requirements for full liquor compared
to only beer and wine.
The Chief of Police responded that all alcohol investigation is handled the same.
The Director of Finance and Administrative Services stated items for further consideration
include Municipal Code updates and adjustments to reflect the recommended fees using
Fiscal Year 2019-20 costs.
Council Member Yarc asked if fees are raised due to cost of living and if that is a fair way
to adjust them.
The Director of Finance and Administrative Services responded in the affirmative, and
stated fees may be adjusted with the Consumer Price Index.
The Director of Finance and Administrative Services stated direction and consensus of
the City Council is recommended, and the Community Development fee analysis and
recommendations would be presented to the City Council on February 11, 2019.
It was the consensus of the City Council to adjust the Administration and Police fees as
recommended/presented by staff.
RECONVENE
The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by
Mayor Berry.
ROLL CALL
Cypress City Council, also acting as the Ex -Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Stacy Berry
Mayor Pro Tem Rob Johnson
Council Member Paulo Morales
Council Member Jon Peat
Council Member Mariellen Yarc
STAFF PRESENT
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Chief of Police Rodney Cox
Director of Community Development Doug Danes
Director of Recreation and Community Services Cameron Harding
City Planner Doug Hawkins
City Engineer Kamran Dadbeh
Senior Civil Engineer Nick Mangkalakiri
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Senior Management Analyst Alisha Farnell
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Peat.
INVOCATION The invocation was given by Interfaith Specialist Ken Jenks, Church of
Jesus Christ of Latter -Day Saints.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION
Mayor Berry 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 Appointment, pursuant to Government Code Section 54957, Title: City Clerk.
He stated that no reportable action was taken.
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 Numbers 241-091-22 through 26, Inclusive,
13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle,
Parties Negotiating with: Lewis Land Developers, LLC and Province Group, LLC,
Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment. He
stated that no reportable action was taken.
The City Attorney reported that the Closed Session regarding Public Employee
Appointment, pursuant to Government Code Section 54957, Title: City Clerk, would not
be held.
The City Attorney reported that the Closed Session regarding Public Employee
Discipline/Dismissal/Release, pursuant to Government Code Section 54957, would not
be held.
No other action was taken in Closed Session, nor was any solicited.
Mayor Berry asked for the report of the Workshop held earlier in the evening.
The City Attorney stated that the City Council met in a Workshop Session to discuss the
Administration and Police fee analysis and recommendations.
PRESENTATIONS
Mayor Berry presented a "Career Technical Education Month" proclamation to Kathi Kent,
North Orange County ROP Instructional Program Administrator.
Mayor Berry presented a Certificate of Special Recognition to the Cypress High School
Traditional Competitive Cheer Team.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Mayor Berry asked anyone who wished to speak on any topic not included on the meeting
Agenda to come forward.
Shirley Bradley, Cypress Chamber of Commerce, congratulated the ROP on their "Career
Technical Education Month" proclamation, and announced the upcoming Networking
breakfast.
Doug Easer, Cypress, spoke regarding an Air Bed and Breakfast (Airbnb) in the Sorrento
Homes neighborhood.
Jonathan Matson, Cypress, spoke regarding an Airbnb in the Sorrento Homes
neighborhood.
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Shelley Henderson, O.C. Breeze, apologized for technical difficulties to the newspaper
website and announced upcoming events.
Anne Hertz, Boys and Girls Club of Cypress, provided an update on the Teen Center
construction and spoke regarding upcoming events.
Mike McGill, Cypress, spoke regarding Agenda Item No. 3.
Ashley Herrera spoke regarding Youth Leadership America (YLA) and upcoming events.
Tram Le and Nathan Mai spoke regarding Youth Leadership America (YLA) and
community impact projects.
Katie Wiedel, Cypress, expressed her appreciation for the Public Works Department.
Lori Zeller, O.C. Fire Authority, spoke regarding Agenda Item No. 8.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a
Council Member requests separate action on a specific item.
It was moved by Mayor Pro Tem Johnson and seconded by Council Member Morales, to
approve Consent Calendar Items No. 1 through 11.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Approve Minutes — Meeting of January 14, 2019
Recommendation: Approve as submitted.
Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 3: Proclaim the Month of January 2019 as "Slavery and Human
Trafficking Prevention and Awareness Month"
Recommendation: Proclaim the month of January 2019 as "Slavery and Human
Trafficking Prevention and Awareness Month."
Item No. 4: Proclaim the Month of February 2019 as "Career Technical Education
Month"
Recommendation: Proclaim the month of February 2019 as "Career Technical
Education Month."
Item No. 5: Proclaim January 13, 2019 as "Korean American Day"
Recommendation: Proclaim January 13, 2019 as "Korean American Day."
Item No. 6: Excuse Absence of Recreation and Community Services
Commissioner Carlos Espinosa
Recommendation: Excuse the absence of Recreation and Community Services
Commissioner Carlos Espinosa.
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Item No. 7: Approve Contract Services Agreements for On -Call Sanitary Sewer
and Storm Drain Design Services
Recommendation: Approve contract services agreements for on-call sanitary sewer and
storm drain design services to AKM Consulting Engineers (AKM) and Joseph C. Truxaw
and Associates, Inc.
Item No. 8: Approve Fourth Amendment to OCFA Joint Powers Authority
Agreement Formalizing the Accelerated Pension Liability Pay Down Plan
Recommendation: Approve the Fourth Amendment to the Amended Orange County
Fire Authority JPA Agreement.
Item No. 9: Extend the Time to Develop City -owned Property at 5732 Lincoln
Avenue
Recommendation: Adopt a Resolution extending the time to develop city -owned
property at 5732 Lincoln Avenue.
Resolution No. 6719
A Resolution of the City Council of the City of Cypress Extending the Development
Period for the Property At 5732 Lincoln Avenue Acquired By the Former
Cypress Redevelopment Agency With Low and Moderate Income Housing Funds
to be Used for the Development of Low And Moderate Income Housing
Item No. 10: Receive and File the Investment Report for the Month Ended
December 31, 2018
Recommendation: Receive and file the attached investment report.
Item No. 11: Approve Register of Warrants, Transfers, and Wires Issued for the
Period of December 22, 2018 through January 18, 2019
Recommendation: Approve the attached payment register summarized below for the
period of December 22, 2018 through January 18, 2019:
• Electronic Funds Transfers 5304 through 5442
• Warrants 48918 through 49045
• Payroll Transfer W1381 through W1382
NEW BUSINESS
Item No. 12: Award Preliminary Design Contract for LARC Park
The Director of Community Development provided background information on this item.
Mayor Berry asked about online questioning for the community in order to have a wider
audience response.
The Director of Community Development responded that staff would work with the
consultant to provide additional outreach resources, and stated that staff could be emailed
and information would be available on the City website.
It was moved by Council Member Peat and seconded by Mayor Pro Tem Johnson, to 1)
Award a contract to Community Works Design Group for the preliminary design of LARC
Park for $285,900 and authorize a contingency of $43,000; and 2) Direct the Recreation
& Community Services Commission and department to develop recommendations for a
permanent name for the LARC Park site; and 3) Authorize the City Manager to execute
the attached Repayment Agreement and Promissory Note between the City and Cypress
Recreation and Park District for an amount not to exceed $900,000.
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The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry.
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
None.
COUNCIL MEMBER REPORTS AND REMARKS
Mayor Berry requested reports from the Council Members on their respective committee
assignments.
Council Member Yarc:
Attended a Cypress College Foundation meeting. Attended an O.C. Sanitation District
Operations Committee meeting. Attended a Cypress College Americana Awards food
tasting at the Disneyland Hotel. Attended the State of the City luncheon.
Mayor Pro Tem Johnson:
Hosted a tour of City Hall for Grace Christian School Boy Scouts. Attended the Goodwill
of Orange County ribbon cutting. Attended the State of the City luncheon. Attended an
O.C. Fire Authority Board meeting.
Council Member Morales:
Attended the State of the City luncheon. Attended the Goodwill of Orange County ribbon
cutting. Attended Boy Scouts of America meetings.
Council Member Peat:
Attended the Goodwill of Orange County ribbon cutting. Attended the State of the City
luncheon.
Mayor Berry:
Attended a Library Advisory Board meeting. Attended the State of the County luncheon.
Attended the inaugural meeting of the SCAG Emergency Technology Committee.
Participated in the State of the City luncheon. Attended a Cypress Chamber of
Commerce mixer. Attended an OCCOG Board meeting. Attended "An Interfaith
Conversation: Finding Common Ground in Divided Times" hosted by Assemblywoman
Sharon Quirk -Silva. Reminded of the Farmers Market every Saturday from 9:00 a.m. --
2:00
2:00 p.m. Provided Youth Leadership America a tour of the Cypress Police Department.
CITY MANAGER REMARKS
The City Manager spoke regarding the State of the City luncheon and complimented on
the Cypress Community Center. He indicated that staff would participate in a countywide
emergency preparedness exercise on January 30. He announced the February 8
groundbreaking for the Cypress College Science, Engineering and Mathematics (SEM)
building and a future groundbreaking for the Veterans Resource Center. He spoke
regarding the Coyote Management Plan.
ADJOURNMENT
Mayor Berry adjourned the meeting at 7:52 p.m. to an adjourned Regular Meeting, to be
held on Monday, February 11, 2019, beginning at 5:30 p.m. 'n the Executive Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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