2015-02-23413
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 23, 2015
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Johnson in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Rob Johnson
Mayor Pro Tem Mariellen Yarc
Council Member Stacy Berry
Council Member Paulo Morales
Council Member Jon Peat (arrived at 6:15 p.m.)
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Police Commander Rodney Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
Recreation Superintendent Dena Diggins
City Engineer Kamran Dadbeh
City Planner Doug Hawkins
Water Quality Manager Gonzalo Vazquez
Human Resources Manager Cathy Thompson
Senior Management Analyst Alisha Farnell
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The City Manager indicated that the Fiscal Year 2014 -15 mid -year budget review would
be presented to the City Council to receive and file. He stated that the City is in a good
financial position, and provided an update on the local economy and its effect on the
City. He commented that there has been a modest rebound from the recession, and
that the regional and global economy is unpredictable.
The City Manager spoke regarding budget impacts including Proposition 13 restrictions
and California Public Employees' Retirement System (CaIPERS) liability and rate
increases. He indicated that one -third of the City's revenues have been collected, and
that the Vehicle License Fee (VLF) and Educational Relief Augmentation Fund (ERAF)
revenue pass -thrus come later in the fiscal year.
The City Manager reviewed the City General Fund Revenues and indicated that
building revenue and permit fees have increased, however they are cost recovery fees
and do not drive the City's ability to provide additional services.
Mayor Johnson asked for clarification on ERAF.
The Director of Finance and Administrative Services responded that there is ERAF
backfill, and that payments are made in January and May of each Fiscal Year.
The City Manager stated that ERAF previously flowed directly to cities and that the VLF
was cut. He indicated that a $400,000 sales tax payment was misallocated to the City
last Fiscal Year by the State and that repayment would be made this Fiscal Year.
CITY COUNCIL MINUTES FEBRUARY 23, 2015
The City Manager reviewed the City General Fund Expenditures and stated that there
are salary savings based on current personnel vacancies. He stated that since his
appointment in July 2014, more than half of the Police Officer vacancies have been
filled and the interview processes will soon begin for the Human Resources Assistant,
Executive Assistant, the Assistant Director of Finance and Administrative Services, and
Management Analyst.
The City Manager spoke of sales tax impacts, and informed that there is approximately
$18 million in General Fund fund balance amounts projected at the end of Fiscal Year
2014 -2015. He indicated that the funds are allocated by the 25% City Council
established contingency, funding of Fiscal Year 2015 -16 Capital Improvement Projects,
and accumulation for future Capital Improvement Projects.
Council Member Morales asked about the City Council established contingency.
The Director of Finance and Administrative Services replied that the City Council
established contingency is 25% of the City's operating expenses.
The City Manager stated that the contingency funds are held due to economic
uncertainty which is slightly more than the Government Finance Officers' Association
recommendation.
Mayor Pro Tem Yarc asked if there is a plan for the funds should there not be a major
natural disaster.
The City Manager responded that the funds are set by City Council policy and that the
funds should remain in perpetuity. He informed that the funds are capped out and that
other funds would be allocated to other Capital Improvement Projects and accumulation
for future Capital Improvement Projects. He stated that he would recommend $2 million
in funding for use towards technology development.
Mayor Pro Tem Yarc asked about funding for West -Comm technology.
The Director of Finance and Administrative Services responded that West -Comm
technology would be funded from the City General Fund.
The City Manager spoke of the West -Comm radio upgrade which is a mult- million dollar
system and indicated that monies have already been set aside for that purchase.
Mayor Pro Tem Yarc asked about the Computer Aided Dispatch and Records
Management System (CAD /RMS) and what portion Cypress would be responsible for.
The Director of Finance and Administrative Services replied that specific funding has
not yet been determined, but it would be considered in Fiscal Year 2015 -16.
The City Manager stated that vendor proposals are being sought for the CAD /RMS.
The City Manager commented that costs are unknown at this time.
Mayor Johnson asked if there would be City Council budgetary items in addition to
technology development.
The City Manager replied that the City Council would have opportunities to make other
budget recommendations.
The City Manager indicated that the CIP Budget is $30.4 million and that the projects
should be aligned with funding and resources.
The City Manager reviewed the Cypress Recreation and Park District General Fund
Revenues and Expenditures, and indicated that $2.8 million is allocated for Capital
Improvement Projects. He commented that a facilities assessment should be done,
that it would cost $.5 million to acquire the Mackay School land, and that significant
Americans with Disabilities Act (ADA) obligations for park improvements are needed.
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 415
Mayor Johnson asked about park revenues and developer fees as compared to other
cities.
The Director of Community Development stated that park development fees were
assessed approximately seven years ago.
The Director of Recreation and Community Services responded that park development
fees are $8,000 per residential unit which is on the low end.
Mayor Johnson requested that park development fees be revisited.
The City Manager clarified that park development fees are typically an in -lieu fee and
are based on the need for development in the City.
The City Manager stated that the Cypress Recreation and Park District maintains a $6.6
million fund balance.
The City Manager indicated that the City's Fiscal Year 2015 -16 budget was largely
status quo with an anticipated 3% CaIPERS rate increase.
Mayor Pro Tem Yarc asked if the trend has been for California cities to withdraw from
CaIPERS and instead offer their employees 401 K retirement plans.
The City Manager responded no, and stated that the cost to exit CaIPERS is exorbitant
and that the City's liability would be $30 million. He stated that the City contracts with
CaIPERS for a fully- funded pension based on investment earnings.
Council Member Morales asked about CaIPERS liability payment options.
The City Manager indicated that one -time cash payment or annual lump sum payments
could be made.
The City Manager indicated that Fiscal Year 2015 -16 budget considerations include
City bargaining group negotiations, technology investments, economic development,
and adjustments to CIP budgeting.
Council Member Berry asked if budget expenditures are lower due to current personnel
vacancies.
The City Manager responded that the vacancies represent approximately $1.5 million in
spending, and that the goal is to budget accurately and below spending.
It was moved by Mayor Pro Tem Yarc and seconded by Council Member Morales, that
the City Council receive and file the report on the Mid -Year Fiscal Year 2014 -15
Budget.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Peat
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Anticipated Litigation, Significant Exposure
to Litigation Pursuant to Government Code Section 54956.9(b)(d)(e)(1), Number of
Cases: One Potential Case.
At 6:15 p.m., the Mayor recessed the meeting.
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 416
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by
Mayor Johnson.
Members present:
Mayor Rob Johnson
Mayor Pro Tem Mariellen Yarc
Council Member Stacy Berry
Council Member Paulo Morales
Council Member Jon Peat
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Police Commander Rodney Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
Recreation Superintendent Dena Diggins
City Engineer Kamran Dadbeh
City Planner Doug Hawkins
Water Quality Manager Gonzalo Vazquez
Associate Planner Kori Sanders
Senior Management Analyst Alisha Farnell
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Peat.
INVOCATION: The invocation was given by Pastor Ray Huab, Cottonwood Church.
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 Legal Counsel — Anticipated Litigation, Significant Exposure to
Litigation Pursuant to Government Code Section 54956.9(b)(d)(e)(1), Number of Cases:
One Potential Case. He stated that no reportable action was taken.
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 Johnson asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Shelley Henderson, Cypress, spoke regarding the Cypress Community Festival.
Tim Jones, Cypress, spoke regarding the American Cancer Society Relay for Life to be
held on August 1 -2, 2015, at Grace Christian School.
Michelle Matney, Cypress, spoke regarding a request for a traffic signal at the
intersection of Aspen Street and Walker Street.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 417
Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
3013, A REQUEST TO EXPAND A RESTAURANT USE AND ADD ON -SALE BEER
AND WINE LOCATED AT 10015 VALLEY VIEW STREET IN THE CG COMMERCIAL
GENERAL ZONE.
The Associate Planner provided background information on this item.
Council Member Berry asked how many 24 -hour deliveries there would be.
The Associate Planner deferred that question to the applicant.
Council Member Morales asked if other businesses in the center receive evening
deliveries.
The Associate Planner responded that the City Code limits deliveries to 10:00 p.m.
unless there is a Conditional Use Permit for additional hours. She indicated that Kohl's
has a Conditional Use Permit allowing for deliveries past 10:00 p.m.
Mayor Pro Tem Yarc asked which businesses in the center have existing beer and wine
permits.
The Associate Planner responded that there are existing beer and wine permits for Fish
In a Bottle and Roundtable Pizza.
Mayor Pro Tem Yarc asked if there had been issues of concern with those restaurants.
The Associate Planner responded that there had not been issues of concern, and
clarified that the number of businesses that sale beer and wine would be less than what
is allowed in that census tract.
Council Member Peat asked about parking designation and signage to restrict
pedestrian access from the rear of the restaurant.
The Associate Planner responded that it is anticipated that the parking spaces would be
used for employee parking and that there is sufficient parking in the front entrance.
Mayor Johnson asked about Wing Stop's history of alcohol - related issues.
The Associate Planner responded that no research had been done, however staff is not
aware of any alcohol - related issues of concern from other cities.
The public hearing was opened.
Mayor Johnson asked if there was anyone who wished to speak on this item.
The applicant, Sheryl Brady, stated that she accepts the Conditions of Approval and
indicated that the business hours of operation would be 10:30 a.m. to midnight with the
tentative opening in May 2015. She indicated that beer and wine would contribute Tess
than 2% of the sales, and thanked City staff for their assistance.
Council Member Berry asked about the number of deliveries.
The owner, Danny Sonenshine, stated that on average there would be two deliveries
per week based on the broadline distributor's schedule.
Council Member Morales asked if this is the only Wing Stop franchise that Mr.
Sonenshine owns.
Mr. Sonenshine replied that this would be his 28th store including two in Hawaii.
Council Member Morales asked if there had been alcohol - related issues.
Mr. Sonenshine replied no.
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 418
Mr. Patel, Cypress Islamic Center, spoke regarding concerns related to the sale of beer
and wine, and traffic concerns.
Shelley Henderson, Cypress, asked if a traffic study had been done, and spoke of
parking concerns.
The Associate Planner stated that parking allowance was based on the City Code
requirements for restaurants which require one parking spot per 100 square feet,
therefore 24 parking spaces would be required for this use and 35 are provided on the
parcel, with hundreds provided within the shopping center.
Mr. Sonenshine stated that he would put up "employee parking only" signage in the rear
of the business.
The public hearing was closed.
It was moved by Mayor Pro Tem Yarc and seconded by Council Member Morales, that
the City Council adopt the Resolution by title only, approving Conditional Use Permit No.
3013, 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: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3013
— 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 Morales stated that Agenda Item No. 7, the Warrant Register, includes
warrant #33401 for $257.58, a reimbursement he receives as a retired employee of the
City of Cypress, and indicated that in voting for any motion to approve the warrant
register, he is not voting on warrant #33401 for the reasons he has disclosed.
It was moved by Council Member Berry and seconded by Council Member Peat, to
approve Consent Calendar Items No. 2 through 7.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
FEBRUARY 9, 2015.
Recommendation: That the City Council approve the Minutes of the Meeting of
February 9, 2015, 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.
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 419
Item No. 4: A CITY INITIATED REVIEW OF CONDITIONAL USE PERMIT NO. 97-
10, AN EXISTING ANTENNA FACILITY LOCATED AT 6555 KATELLA AVENUE IN
THE PC -1 PLANNED COMMUNITY BUSINESS PARK ZONE.
Recommendation: That the City Council receive and file this report.
Item No. 5: A CITY INITIATED REVIEW OF CONDITIONAL USE PERMIT NO. 96 -1,
AN EXISTING ANTENNA FACILITY LOCATED AT 5285 CYPRESS STREET IN THE
PC PLANNED COMMUNITY ZONE.
Recommendation: That the City Council receive and file this report.
Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY,
2015.
Recommendation: That the City Council receive and file the Investment Report for the
month of January, 2015.
Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 33317 THROUGH
33469.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2014 -15.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 8: IMPLEMENTATION STATUS UPDATE ON THE EXCLUSIVE
FRANCHISE FOR CITYWIDE SOLID WASTE AND RECYCLING SERVICES WITH
VALLEY VISTA SERVICES (WS).
The Senior Management Analyst provided background information on this item.
Council Member Berry asked if the June 1 mailings would be the only community
outreach.
David Perez, Valley Vista Services, Inc., responded that numerous community
outreaches including print media, the City newsletter and two mailings would be done
on a consistent and repetitive basis during the months of April, May, and June 2015.
He stated that community meetings would be scheduled with the Homeowners
Associations.
Mayor Pro Tem Yarc questioned the number of residential trashcans and asked when
varied sizes could be requested.
Mr. Perez informed of the various trashcan sizes that would be available, and indicated
that residents initially would have to subscribe to all three disposal services. He
indicated that all residents would be given the standard size trashcans and that Valley
Vista Services, Inc., could be contacted for exchanges.
Council Member Berry asked about the disabled assistance program and if residents
currently participating in the program would be offered the same from Valley Vista
Services, Inc. or if a new verification process would be required.
Mr. Briggeman responded that he would discuss this issue with staff.
Mayor Johnson asked about the container implementation timeline and customer
outreach.
Mr. Briggeman stated that Valley Vista Services, Inc. would return to the City Council in
May 2015, in order to provide a depiction of sample containers with the logo, and that
they would be supplying state -of- the -art 100% recyclable commercial bins.
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CITY COUNCIL MINUTES FEBRUARY 23, 2015 420
Mayor Johnson asked about residential outreach.
Mr. Briggeman informed of the residential outreach and that the Cypress Chamber of
Commerce would be a communication avenue with community outreach, as well.
Council Member Berry asked when residential pick -up days would be determined.
Mr. Perez indicated that residential waste pick -up days would remain the same.
It was moved by Council Member Peat and seconded by Council Member Morales, that
the City Council receive and file the implementation status update on the Exclusive
Franchise for Citywide Solid Waste and Recycling Services with Valley Vista Services
(WS).
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
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 Johnson requested reports from the Council Members on their respective
committee assignments.
Council Member Yarc:
Attended the Cypress Chamber of Commerce Networking breakfast. Attended a
Woman's Club of Cypress Legislative Breakfast meeting. Attended a Woman's Club of
Cypress fundraiser. Attended a reception at Cypress College. Attended the Boys and
Girls Club of Cypress fundraiser.
Council Member Peat:
Attended a community meeting with residents on Canterbury Drive. Attended a West -
Comm Board meeting. Attended the Cypress Pony Baseball Opening Day ceremonies.
Attended the Boys and Girls Club of Cypress fundraiser.
Council Member Morales:
Attended the Boys and Girls Club of Cypress fundraiser. Will serve on the Mothers
Against Drunk Drivers (MADD) Advisory Board.
Council Member Berry:
Attended the Cypress Chamber of Commerce Networking breakfast. Attended a Rotary
Club of Cypress luncheon meeting. Visited the Veterans Hospital of Long Beach with
the Woman's Club of Cypress. Attended the Boys and Girls Club of Cypress
fundraiser. Attended a Los Alamitos - Rossmoor Republican Women's meeting.
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CITY COUNCIL MINUTES
Council Member Johnson:
FEBRUARY 23, 2015 421
Attended an O.C. Waste Management Commission meeting. Attended the Mayor's
Summit at Concordia University. Attended the Cypress Pony Baseball Opening Day
ceremonies. Attended the Boys and Girls Club of Cypress fundraiser. Attended the
Cypress Girls Softball League Opening Day ceremonies.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Johnson adjourned the meeting at 7:48 p.m. in memory of
Cypress resident Mary O'Hara to Monday, March 9, 2015, beginning at 5:30 p.m. in the
Executive Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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MAYOR OF E CITY OF CYPRESS