Minutes 2014-10-27363
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 27, 2014
A regular meeting of the Cypress City Council was called to order at 5:00 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 Marielien Yarc
Staff present:
City Manager Peter Grant
Special Counsel Geoffrey Sheldon
Director of Finance and Administrative Services Richard Storey
Assistant Director of Finance and Administrative Services Matt Burton
Human Resources Manager Cathy Thompson
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Discipline /Dismissal /Release.
At 5:01 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 Marielien Yarc
Staff present:
City Manager Peter Grant
City Attorney William Wynder
Assistant City Attorney Anthony Taylor
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
Human Resources Manager Cathy Thompson
Recreation Superintendent Dena Diggins
Recreation Supervisor Jeff Draper
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
CITY COUNCIL MINUTES OCTOBER 27, 2014 364
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Narain.
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.
Mr. Geoffrey Sheldon, Liebert Cassidy Whitmore, reported that the City Council met in
Closed Session regarding Public Employee Discipline /Dismissal /Release. He stated
that the City Council met in Closed Session and voted 4 to 1, with Council Member Yarc
voting against, to accept the recommendations of the Administrative Law Judge and
Office of Administrative Hearing.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS:
The Chief of Police introduced Cypress Police Officers Jesus Ortiz and David Lira.
Mayor Mills presented a proclamation to Records and Support personnel proclaiming
November 5, 2014 as "Law Enforcement Records and Support Personnel Day" in the
City of Cypress.
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.
Mayor Mills introduced Carol Wynder, wife of City Attorney William Wynder.
Pat O'Toole, Cypress, spoke regarding Agenda Item #13.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
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 Yarc requested Agenda Item No. 12 be pulled from the Consent
Calendar.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, to
approve Consent Calendar Items No. 1 through 11 and 13 through 15.
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
2
CITY COUNCIL MINUTES OCTOBER 27, 2014 365
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
OCTOBER 13, 2014.
Recommendation: That the City Council approve the Minutes of the Meeting of
October 13, 2014, as submitted.
Item No. 2: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 3: SECOND READING OF AN ORDINANCE AMENDING CYPRESS
MUNICIPAL CODE SECTION 21A -1 REGARDING THE PAYMENT OF PREVAILING
WAGES.
Recommendation: That the City Council adopt the Ordinance by title only, amending
Cypress Municipal Code Section 21A -1 regarding the payment of prevailing wages.
ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CYPRESS MUNICIPAL CODE SECTION 21A -1
REGARDING THE PAYMENT OF PREVAILING WAGES.
Item No. 4: PROCLAIMING NOVEMBER 5, 2014 AS "LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim November 5, 2014 as "Law
Enforcement Records and Support Personnel Day" in the City of Cypress.
Item No. 5: CONSIDERATION OF A RESOLUTION MAKING FINDINGS RELATED
TO APPROVAL OF THE SECOND AMENDMENT TO THE ORANGE COUNTY FIRE
AUTHORITY JOINT POWERS AUTHORITY AGREEMENT — EQUITY.
Recommendation: That the City Council adopt the Resolution by title only, making
findings related to approval of the Second Amendment to the Amended Orange County
Fire Authority Joint Powers Agreement.
RESOLUTION NO. 6471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL OF
THE ORANGE COUNTY FIRE AUTHORITY'S SECOND AMENDMENT
TO THE AMENDED JOINT POWERS AUTHORITY AGREEMENT.
Item No. 6: PROFESSIONAL SERVICES AGREEMENT WITH MANAGEMENT
PARTNERS TO PROVIDE A FACILITATED ASSESSMENT OF ISSUES AND
CHALLENGES FOR THE POLICE DEPARTMENT.
Recommendation: That the City Council approve a professional services agreement
with Management Partners to provide a facilitated assessment of issues and challenges
for the Police department.
Item No. 7: APPROPRIATION OF FUNDS FOR THE REPAIR OF THE SENIOR
CENTER AIR CONDITIONER.
Recommendation: That the City Council: 1) Authorize an increase in appropriations in
the amount of $18,046 in the City's General Fund to Account No. 111- 70228-
7231.4187_014 (Contractual Services — HVAC) for the replacement of two air
conditioning compressor units at the Senior Center; and 2) Authorize an increase of
$18,046 in estimated revenues to the City's General Fund to Account No. 111-
99999.3801 (Park District Administration Fee) for the reimbursement of the cost of the
repair to the Senior Center air conditioner; and 3) Authorize an increase in appropriations
in the Cypress Recreation and Park District (CRPD) General Fund to Account No. 212-
3
CITY COUNCIL MINUTES OCTOBER 27, 2014 366
90302 - 9318.4188_200 (Contract Services — Public) in the amount of $18,046 to
reimburse the City for the costs of the repair to the Senior Center air conditioner.
Item No. 8: ACCEPTANCE OF SEWER IMPROVEMENTS AT VARIOUS
LOCATIONS, PUBLIC WORKS PROJECT NO. 78.
Recommendation: That the City Council: 1) Accept the Sewer Improvements at Various
Locations, Public Works Project No. 78, as being satisfactorily completed in conformance
with the project specifications, in the final amount of $1,266,994.56; and 2) Approve the
final retention payment of $63,349.73 to Andrew Papac and Sons, South El Monte,
California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and
the Faithful Performance Bond upon expiration of the required lien period, if no claims or
objections have been filed, upon concurrence of the Director of Public Works.
Item No. 9: DESIGN REVIEW COMMITTEE PERMIT NO. 3002, A REQUEST TO
ESTABLISH A SIGN PROGRAM FOR THE INDUSTRIAL BUILDINGS LOCATED AT
10800 VALLEY VIEW STREET AND 6125 CHIP AVENUE IN THE PC -4 PLANNED
COMMUNITY BUSINESS PARK ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 3002, subject to the conditions in Exhibit "A" of the
Resolution.
RESOLUTION NO. 6472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3002
- WITH CONDITIONS.
Item No. 10: A RESOLUTION ADOPTING THE MEASURE M2 ANNUAL
EXPENDITURE REPORT FOR FISCAL YEAR 2013 -14.
Recommendation: That the City Council, and acting as the ex- officio Board of Directors
of the Cypress Recreation and Park District, adopt the Resolution by title only, providing
the required annual Expenditure Report for Measure M2 Funds to the Orange County
Transportation Authority (OCTA) for the fiscal year ended June 30, 2014.
RESOLUTION NO. 6473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONCERNING THE MEASURE M2 FISCAL YEAR ENDED
JUNE 30, 2014 EXPENDITURE REPORT FOR THE
CITY OF CYPRESS, CALIFORNIA.
Item No. 11: ADOPTION OF A RESOLUTION AMENDING BENEFITS FOR
EXECUTIVE MANAGEMENT AND MID - MANAGEMENT EMPLOYEES.
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. 6091 establishing benefits for Executive Management and
Mid - Management employees.
RESOLUTION NO. 6474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT,
A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
AMENDING RESOLUTION NO. 6091 ESTABLISHING
BENEFITS FOR MANAGEMENT EMPLOYEES.
4
CITY COUNCIL MINUTES OCTOBER 27, 2014 367
Item No. 13: APPROVAL OF AN EXTRAORDINARY PERFORMANCE AWARD FOR
TWO CITY STAFF MEMBERS.
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,
approving a one -time extraordinary performance award for June Liu, Director of
Recreation and Community Services, and Alisha Farnell, Management Analyst, for
exemplary performance.
RESOLUTION NO. 6475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, APPROVING
A ONE -TIME EXTRAORDINARY PERFORMANCE AWARD FOR JUNE
LIU, DIRECTOR OF RECREATION AND COMMUNITY SERVICES, AND
ALISHA FARNELL, MANAGEMENT ANALYST.
Item No. 14: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
SEPTEMBER, 2014.
Recommendation: That the City Council receive and file the Investment Report for the
month of September, 2014.
Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 31931 THROUGH
32101.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2014 -15.
Regarding Item No. 12: ADOPTION OF A RESOLUTION AMENDING MEDICAL
INSURANCE BENEFITS FOR CITY COUNCIL MEMBERS. Council Member Yarc
recommended that this item be continued until after the election of the new City Council
Members.
It was moved by Council Member Yarc and seconded by Council Member Bailey, to
continue this item until after the election of the three new City Council Members.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Yarc, Johnson and Mills
NOES: 1 COUNCIL MEMBERS: Narain
ABSENT: 0 COUNCIL MEMBERS: None
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 16: APPROVAL OF AMENDMENT NO. 2 TO AN AMENDED AND
RESTATED CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY
SERVICES.
The City Manager provided background information on this item.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson,
that the City Council approve Amendment No. 2 to the Amended and Restated Contract
Services Agreement for City Attorney Services between the City of Cypress and Aleshire
& Wynder, LLP.
5
CITY COUNCIL MINUTES OCTOBER 27, 2014 368
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. 17: APPROVAL OF CLASS SPECIFICATIONS AND SALARY
RESOLUTIONS FOR EXECUTIVE MANAGEMENT, MID - MANAGEMENT, AND
CONFIDENTIAL EMPLOYEES ASSOCIATED WITH THE PROPOSED
REORGANIZATION OF THE CITY MANAGER'S OFFICE, FINANCE AND
ADMINISTRATIVE SERVICES, COMMUNITY DEVELOPMENT AND PUBLIC WORKS
DEPARTMENTS.
The City Manager provided background information on this item.
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, take the following actions: 1) Approve new class
specifications for City Planner, City Engineer, Senior Management Analyst, Executive
Assistant, Human Resources Assistant, and Payroll Coordinator; and 2) Approve
revised class specifications for Director of Community Development, Director of
Finance and Administrative Services, Finance Manager /Assistant Director of Finance
and Administrative Services, Human Resources Analyst, and Management Analyst; and
3) Adopt a Resolution by title only, amending Resolution No. 6452 to establish salary
ranges for employees classified as Confidential; and 4) Adopt a Resolution, by title
only, amending Resolution No. 6453 to establish salary ranges for employees classified
as Mid - Management; and 5) Adopt a Resolution, by title only, amending Resolution No.
66454 to establish salary ranges for employees classified as Executive
Management/Department Director.
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. 6476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING
RESOLUTION NO. 6452 ESTABLISHING SALARY RANGES FOR
CONFIDENTIAL POSITIONS.
RESOLUTION NO. 6477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING
RESOLUTION NO. 6453 ESTABLISHING SALARY RANGES FOR
MID - MANAGEMENT POSITIONS.
RESOLUTION NO. 6478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING
RESOLUTION NO. 6454 ESTABLISHING SALARY RANGES FOR
EXECUTIVE MANAGEMENT POSITIONS.
6
CITY COUNCIL MINUTES OCTOBER 27, 2014 369
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
Item No. 18: CONSIDERATION OF UPDATES TO THE ATHLETIC FACILITY
ALLOCATION, USAGE AND SCHEDULING POLICY.
The Director of Recreation and Community Services provided background information
on this item.
Council Member Yarc asked for clarification on non - resident youth who attend an
eligible school.
The Director of Recreation and Community Services indicated that non - resident youth
who attend an eligible school in the Cypress School District or Anaheim Union High
School District would count towards the 55% residency rate.
Council Member Bailey asked if residency rates for the board members of the Advisory
Committee on Use of Athletic Facilities (ACUAF) would remain at 55 %.
The Director of Recreation and Community Services responded in the affirmative.
Mayor Mills spoke of his lack of support for the policy amendments.
Mayor Pro Tem Johnson congratulated staff for their efforts with this matter, and spoke
in support of the policy amendments.
Council Member Narain asked if the policy would affect the non - profit groups.
The Director of Recreation and Community Services responded that rental fees would
not be changed, nor would those groups' residency change and that priority scheduling
is based on residency and that the highest priority would be given to City- sponsored
events, followed by ACUAF members, Group C (Anaheim Union High School District,
Cypress School District, and all organizations with written agreements with the City),
Group D (youth non - profit organization uses), and Group E (individual residents,
businesses, and adult non - profit entities). She clarified that the policy amendment
would only affect the four youth sports groups that make up the co- sponsored aspect of
ACUAF that has been in place since 1978.
Council Member Narain asked about the potential number of non - resident Cypress
school attending students and whether the clubs would be impacted.
The Director of Recreation and Community Services responded the participants would
increase by 10% as Cypress school boundaries go beyond Cypress, and that club team
sports would not be affected, although club sports are given a lower priority for field
scheduling based on their difference from recreational youth leagues in requiring tryouts
for participation, as well as often using paid coaches.
Council Member Bailey spoke regarding his former participation with a youth sports
organization and support for the policy amendment.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson,
that the City Council, acting as the ex- officio governing Board of Directors for the Cypress
Recreation and Park District, adopt the proposed amendments to various sections of the
current Athletic Facility Allocation, Usage and Scheduling Policy.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Yarc, and Johnson
NOES: 1 COUNCIL MEMBERS: Mills
ABSENT: 0 COUNCIL MEMBERS: None
7
CITY COUNCIL MINUTES OCTOBER 27, 2014 370
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 Yarc:
Wished City Attorney Wynder good luck in his future endeavors. Thanked City staff for
negotiating with contract dance instructor Ms. Anderson. Congratulated the Director of
Recreation and Community Services on her exemplary performance award. Attended
the Arnold Elementary School Grand Reopening celebration. Met with contract dance
instructor Ms. Anderson. Attended the Cypress Chamber of Commerce Board of
Directors meeting. Attended the retirement lunch for Cypress Police Services Officer
Gael Locklin. Attended an Orange District Woman's Club Board meeting. Attended the
Cypress College President's Evening at the Theatre. Attended an Orange District
California Federation of Woman's Club conference. Attended AB 1234 Ethics Training.
Attended the Cypress College Foundation Board meeting. Attended a Cypress
Chamber of Commerce mixer.
Council Member Johnson:
Attended an O.C. Fire Authority Ad Hoc Committee and Board meeting. Attended the
Wings, Wheels, Rotors, and Expo at the Joint Forces Training Base. Encouraged
residents to vote at the Municipal Election on November 4, 2014. Asked the Police
Chief about an Ebola emergency response plan. Spoke regarding Halloween safety.
The Chief of Police responded that the Police Department has a communicable
diseases policy and that information is continually received from the Centers for
Disease Control.
Council Member Bailey:
Spoke regarding the end of his term on the City Council. Spoke regarding Measures Q
and R.
Council Member Mills:
Attended the Arnold Elementary School Grand Reopening celebration. Met with
contract dance instructor Ms. Anderson. Attended the retirement lunch for Cypress
Police Services Officer Gael Locklin. Attended the retirement dinner honoring Major
General Keith Jones of the Joint Forces Training Base. Attended an OCCOG Board of
Directors meeting. Spoke regarding a complimentary letter he received about City staff
from The Habit restaurant.
ITEMS FROM CITY MANAGER:
The City Manager announced the promotion of Matt Burton to the position of Director of
Finance and Administrative Services.
8
CITY COUNCIL MINUTES OCTOBER 27, 2014 371
ADJOURNMENT: Mayor Mills adjourned the meeting at 7:56 p.m. to Monday,
November 10, 2014, beginning at 5:30 p.m. in the Execu ive Board Room.
ATTEST:
MAYO' • THE CIT OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
9