Minutes 2014-09-22349
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 22, 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:
City Manager Peter Grant
City Attorney William Wynder
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
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: Peter Grant and Richard Storey, Employee Groups:
Executive Management, Police Management Association, Mid - Management, Non -
Represented, Cypress Employees' Association, and Cypress Maintenance Employees'
Association.
At 6:01 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 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:
City Manager Peter Grant
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 and Administrative Services Matt Burton
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Associate Planner Kori Sanders
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Yarc.
CITY COUNCIL MINUTES SEPTEMBER 22, 2014 350
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 Labor Negotiator, pursuant to Government Code Section 54957.6,
Agency Negotiators: Peter Grant and Richard Storey, Employee Groups: Executive
Management, Police Management Association, Mid - Management, Non - Represented,
Cypress Employees' Association, and Cypress Maintenance Employees' Association.
He stated that a privileged confidential briefing was held and that further negotiating
authority was given to the City Manager to proceed forward with actions that will
ultimately come back for public consideration and action by the City Council.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS:
Dr. Ty and Susan Caldwell, Caldwell Dental Care, spoke regarding free dental care for
Veterans on November 11, 2014, and their interest in supporting the Veteran
Recognition Program.
The Police Chief introduced Cypress Police Officer Cody Hense and Cypress Police
Sergeant Scott Ausmus.
The Police Chief recognized lifesaving efforts by Cypress Police Officer Johnathan Krok
and Police Services Officer Nathan Regalado.
Division Chief Dave Steffen, O.C. Fire Authority, provided an update on Cypress
staffing changes.
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.
Don Seward, Cypress, spoke regarding Agenda Item No. 10.
Shelley Henderson, O.C. Breeze, spoke regarding the Cypress Women's Conference
held on September 18, 2014.
The following spoke regarding amending the recreation contract services agreement:
Barbara Tebbetts
Suzanne Pauline, Stanton
Roberta O'Toole, Cypress, spoke regarding Agenda Item No. 10.
Patricia Rudner, Cypress, spoke regarding Agenda Item No. 10.
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.
2998, A REQUEST TO ESTABLISH A MACHINE SHOP USE WITHIN AN EXISTING
OFFICE/WAREHOUSE BUILDING LOCATED AT 6122 KATELLA AVENUE IN THE
PC -2 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2014
Mark Armbruster, Cypress Land Company, stated that he accepts all conditions of
approval on behalf of the tenant. He indicated that the machine shop operation would
be quiet, and that it is a relocation from Los Alamitos to Cypress.
Mayor Mills asked if the machine shop is fully in place now.
Mr. Armbruster responded in the affirmative.
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 Mayor Pro Tem Johnson,
that the City Council adopt the Resolution by title only, approving Conditional Use Permit
No. 2998, subject to the conditions in Exhibit "A" of the Resolution.
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. 6468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2998
— WITH CONDITIONS.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was moved by Council Member Narain and seconded by Mayor Pro Tem Johnson, to
approve Consent Calendar Items No. 2 through 9.
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
SEPTEMBER 8, 2014.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 8, 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 WEEK OF OCTOBER 5 -11, 2014 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of October 5 -11,
2014 as "Fire Prevention Week" in the City of Cypress.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2014 352
Item No. 5: APPROVAL OF FISCAL YEAR 2013 -14 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO
FISCAL YEAR 2014 -15.
Recommendation: That the City Council:
1) Authorize the appropriation of funds in Fiscal Year 2014 -15 for the carryover items as
detailed in Attachment A and summarized as follows:
111 General Fund $ 123,956
114 General Fund Grants 402,591
232 Gas Tax 2106 Fund 1,050,000
234 Traffic Mitigation Assessment Fund 70,000
281 Narcotics Asset Seizure Fund 16,084
321 Sewer Fund 2,500,000
415 Capital Projects Fund 6,617,324
721 Capital Replacement Fund 61,421
TOTAL $ 10, 841, 376
2) Authorize the transfer of funds to support continuing appropriations in Fiscal Year
2014 -15 as listed below:
FROM TO AMOUNT
281 Narcotics Asset Seizure 415 Capital Projects $ 346,150
281 Narcotics Asset Seizure 721 Capital Replacement 86,464
TOTAL $ 432,614
3) Authorize the continuation of the following grant revenue to support continuing
appropriations to Fiscal Year 2014 -15:
114 General Fund Grants [114- 20121.3525] $ 367,538
114 General Fund Grants [114- 50183.3525] 44,338
114 General Fund Grants [114- 66195.3525] 9,377
TOTAL $ 421,253
4) Authorize the appropriation of funds in Fiscal Year 2014 -15 for items encumbered at
June 30, 2014 as detailed in Attachment B and summarized below:
111 General Fund $ 18,750
114 General Fund - Grants 18,662
232 Gas Tax 2106 Fund 156,388
234 Traffic Mitigation Fund 1,089,510
262 Plan Local Drain Facility Fund 205,804
281 Narcotics Asset Seizure Fund 8,313
321 Sewer Fund 2,553,101
415 Capital Projects Fund 4,481,655
711 Central Services Fund 13,960
712 Print Shop/Warehouse Fund 254
721 Capital Replacement Fund 134,875
TOTAL $ 8,681,272
Item No. 6: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2013 -14.
Recommendation: That the City Council approve additional appropriations and
estimated revenues for Fiscal Year 2013 -14 as follows:
1) Additional Appropriations from the unassigned fund balance of the General
Fund /General Fund Grants Fund to:
Account 111- 10105.4189_004 (Legal Services)
Account 111 - 10105.4189_005 (Litigation Services)
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$104,000
77,000
CITY COUNCIL MINUTES SEPTEMBER 22, 2014 353
Account 111 - 20270.4188_007 (Animal Control Services) 52,000
Account 111 - 50169.4188_005 (Police Dispatch Services) 39,000
Account 111 - 65243 - 6243.4189_010 (Inspection Services) 21,000
Account 111-65243-6244.4189 010 (Inspection Services) 7,000
Account 111 - 65243 - 6245.4189_010 (Inspection Services) 6,600
Account 111 - 65247.4189_006 (Plan Check Services) 38,000
Account 114 - 66195.4172 (Returned Program Income) 41,000
Account 111 - 70228 - 7228.4202 (Water) 70,000
2) Increase Estimated Revenues in the General Fund /General Fund Grants Fund to:
Account 111 - 65241.3200 (Building Permits) $54,300
Account 111 - 65241.3201 (Plumbing /Heating Permits) 12,400
Account 111 - 65241.3202 (Electrical Permits) 17,200
Account 111 - 65241.3620 (Building Plan Check Fees) 69,200
Account 114 - 66195.3531 (Loan Payoff -CDBG) 41,000
3) Additional Appropriations from the fund balance of the Supplemental Law
Enforcement Fund to:
Account 301 - 50181.4001 (Regular Salaries)
Account 301 - 50181.4003_021 (Salaries- Overtime)
$1,700
1,462
4) Increase Estimated Revenues in the Supplemental Law Enforcement Fund to:
Account 301 - 99999.3525 (Grants) $3,162
5) Additional Appropriations from the fund balance of the Print Shop Fund to:
Account 712- 20601.4001(Regular Salaries) $10,000
Account 712 - 20601.4006 (Fringe Applied) 6,900
Account 712 - 20601.4103_003 (Special Activity Supplies) 3,000
Item No. 7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2014.
Recommendation: That the City Council receive and file the Investment Report for the
month of August, 2014.
Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 31428 THROUGH
31614.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2014 -15.
Recreation and Park District Matters:
Item No. 9: APPROVAL OF FISCAL YEAR 201 -14 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION
AND PARK DISTRICT TO FISCAL YEAR 2014 -15.
Recommendation: That the City Council, acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District:
1) Authorize the appropriation of funds in Fiscal Year 2014 -15 for items encumbered at
June 30, 2014 as detailed in Attachment A and summarized below:
212 CRPD General Fund
725 CRPD Capital Replacement Fund
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$33,994
$10,249
CITY COUNCIL MINUTES SEPTEMBER 22, 2014
2) Authorize the appropriation of funds in Fiscal Year 2014 -15 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
212 CRPD General Fund
725 CRPD Capital Replacement Fund
$13,350
$13,300
3) Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2014 -15 as listed below:
FROM TO AMOUNT
213 Park Development Fund 212 General Fund $688,233
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 10: AWARD OF EXCLUSIVE FRANCHISE FOR CITYWIDE SOLID WASTE
AND RECYCLING SERVICES TO VALLEY VISTA SERVICES, INC. FOR THE
PERIOD OF JULY 1, 2015 TO JUNE 30, 2025.
The Director of Recreation and Community Services provided background information
on this item.
The City Attorney assured that the franchise agreement with Valley Vista Services, Inc.
bares no conflict of interest issues with City Council Members. He stated that the
negotiations process with WS was fair and enhanced offerings were made to the City.
Mayor Pro Tem Johnson asked about Valley Vista Services, Inc. rates as compared to
other Orange County cities.
The Director of Recreation and Community Services spoke regarding a commercial
rates survey conducted six months ago that indicated that Cypress' commercial rates
were the highest of the 32 cities surveyed and that the new commercial rates would
move from the 32nd high ranking to the 11th lowest ranking. She stated that residential
rate rankings would decrease from the 13th to the 6th lowest city for monthly charges.
Mayor Pro Tem Johnson thanked City staff, the City Manager, the City Attorney, City
Council, and Valley Vista Services, Inc. for their efforts with this matter.
Council Member Narain asked about the disabled assistance program and the related
fees.
The Director of Recreation and Community Services responded that there would be no
charge for the disabled assistance program and that an annual verification process
would be required. She indicated that the premium rate would be $25 per month for
those that desire the cart rollout program, but did not meet the criteria for a disabled
verification status.
Council Member Narain asked about smaller container options.
The Director of Recreation and Community Services replied that the residential default
cart size is 96 gallons, and that cart sizes include 32 gallons, 64 gallons, and 96
gallons, and that residents may choose any size without a rate reduction.
Council Member Narain asked how disabled assistance could be requested.
The Director of Recreation and Community Services indicated that Valley Vista
Services, Inc. would have a local office in Cypress near Lincoln Avenue and Watson
Street, and that special assistance could also be requested via website and various
forms of residential outreach.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2014 355
Council Member Bailey thanked the Director of Recreation and Community Services,
Sloan Vazquez, and the City Attorney for their efforts with the agreement. He indicated
that there are 12,526 trash accounts in the City, 11,960 are residential, and 566 are
commercial accounts that pay over 60% of the bill and that it was necessary to address
those accounts. He stated that the bin rate puts Cypress well below 2/3 of the rest of
Orange County and that the residential rate bids have been the lowest from the
beginning. He stated that the Ware Disposal, Inc. bid was not lower than Valley Vista
Services, Inc., and that if the lowest bid was accepted, rate payers would have paid
$111,948 more per year.
Council Member Yarc asked about trucks on the roadways and the fuel.
The Director of Recreation and Community Services responded that there would be
new trucks with proven use in other communities with a smaller turning radius, and that
as of July 1, 2015, fuel must meet State mandated air quality regulations, which is
currently Compressed Natural Gas.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson,
that the City Council award the "Exclusive Franchise for Citywide Solid Waste and
Recycling Services" to Valley Vista Services, Inc. and authorize the Mayor to execute the
same on behalf of the City.
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
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.
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 meeting.
Council Member Narain:
Attended an O.C. Sanitation District Administrative Committee meeting. Attended a
SCAG Health and Nutrition meeting.
Council Member Yarc:
Attended the Cypress Chamber of Commerce Networking Breakfast. Attended the
Cypress Fire Station 9/11 Memorial services. Attended the Woman's Club of Cypress
Legislative Mixer. Attended the Warland Investments Company Tenant Appreciation
event. Attended an Orange District California Federation of Woman's Club Council
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CITY COUNCIL MINUTES SEPTEMBER 22, 2014 356
meeting. Attended the Woman's Club of Cypress' Veterans Appreciation picnic.
Attended the badge pinning for Police Sergeant Scott Ausmus. Hosted the Cypress
Women's Conference. Attended the League of Women Voters kick -off meeting.
Council Member Johnson:
Attended a BRACE meeting. Attended the Warland Investments Company Tenant
Appreciation event. Attended the Woman's Club of Cypress' Veterans Appreciation
picnic. Attended the badge pinning for Police Sergeant Scott Ausmus. Attended the
Cypress Community Festival Recognition. Attended the Cypress Women's Conference.
Congratulated Pat and Roberta O'Toole as being the recipient of the Cypress College
Americana Awards Citizen of the Year. Announced the St. Irenaeus Oktoberfest.
Council Member Mills:
Attended a SCAG Regional Council and Transportation Committee meeting. Attended
the Warland Investments Company Tenant Appreciation event. Attended an OCCOG
Executive Management Committee meeting. Attended the Woman's Club of Cypress'
Veterans Appreciation picnic. Attended the Cypress Community Festival Recognition.
Spoke regarding Cypress' ranking as one of the best cities to live.
ITEMS FROM CITY MANAGER:
The City Manager displayed the Orange County Fire Authority video promoting the Fire
Station Open House on Saturday, October 11, 2014.
ADJOURNMENT: Mayor Mills adjourned the meeting at 8.22 p.m. to Monday, October
13, 2014, beginning at 5:30 p.m. in the Executive B.. rd oom.
ATTEST: '`
N' C {A -Lket.A71
CITY CLERK OF THE CITY OF CYPRESS
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MAY ' • THE CITY OF CYPRESS