2015-04-13434
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 13, 2015
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Johnson in the Council Chambers, 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
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
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 Matt Burton, Employee Groups: Police
Management Association, Cypress Police Officers' Association.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Existing Litigation, pursuant to Government
Code Section 54956.9(d)(1), Victor Ramos v. City of Cypress, et al., Case No.
SACV15 -470 CJC (JCGx), U.S. District Court Central District.
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 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
Interim Police Chief Rodney Cox
Director of Community Development Doug Dancs
Recreation and Community Services Director June Liu
Police Commander Tom Bruce
City Engineer Kamran Dadbeh
City Planner Doug Hawkins
Water Quality Manager Gonzalo Vazquez
Management Analyst Anna Sanchez
Senior Management Analyst Alisha Farnell
CITY COUNCIL MINUTES APRIL 13, 2015 435
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Yarc.
INVOCATION: The invocation was given by Reverend Milo Ken Anderson, Pastor,
Mount Calvary Lutheran 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 Labor Negotiator, pursuant to Government Code Section 54957.6,
Agency Negotiators: Peter Grant and Matt Burton, Employee Groups: Police
Management Association, Cypress Police Officers' Association. He stated that there
was no reportable action.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Legal Counsel — Existing Litigation, pursuant to Government Code
Section 54956.9(d)(1), Victor Ramos v. City of Cypress, et al., Case No. SACV15 -470
CJC (JCGx), U.S. District Court Central District. He stated that Council Member
Morales made a motion, seconded by Council Member Peat, that the City Council
authorize the City Manager to sign a retainer agreement for the Carpenter Law Firm for
representation of litigation defendant Officer DeYoung. The motion was unanimously
carried.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS:
The Director of Community Development introduced Management Analyst Anna
Sanchez.
Mayor Johnson presented a proclamation to Veronica Cosme, Donate Life California,
proclaiming the month of April 2015 as "DMV /Donate Life California Month" in the City
of Cypress.
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.
Tanya Pham spoke regarding the Greater Los Angeles Chapter, Association of the
United States Army 2015 Ball.
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.
It was moved by Council Member Morales and seconded by Council Member Berry, to
approve Consent Calendar Items No. 1 through 16.
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CITY COUNCIL MINUTES APRIL 13, 2015 436
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. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
MARCH 9, MARCH 23, AND MARCH 27, 2015.
Recommendation: That the City Council approve the Minutes of the Meetings of
March 9, March 23, and March 27, 2015, 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: PROCLAIMING THE WEEK OF APRIL 12 -18, 2015 AS "NATIONAL
PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of April 12 -18,
2015 as "National Public Safety Dispatcher Week" in the City of Cypress.
Item No. 4: PROCLAIMING THE MONTH OF APRIL 2015 AS "DMV /DONATE LIFE
CALIFORNIA MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the month of April 2015 as
"DMV /Donate Life California Month" in the City of Cypress.
Item No. 5: PROCLAIMING APRIL 11, 2015 AS "ARBOR DAY" IN THE CITY OF
CYPRESS.
Recommendation: That the City Council officially proclaim April 11, 2015 as "Arbor
Day" in the City of Cypress.
Item No. 6: APPOINTMENT OF COUNCIL MEMBER BERRY TO THE ORANGE
COUNTY VECTOR CONTROL DISTRICT.
Recommendation: That the City Council confirm the Mayor's appointment of Council
Member Berry to the Orange County Vector Control District.
Item No. 7: CONSIDERATION OF AN AMENDMENT TO COUNTY OF ORANGE
WASTE DISPOSAL AGREEMENT.
Recommendation: That the City Council adopt the Resolution by title only, amending
the Waste Disposal Agreement (WDA) between the County of Orange and City of
Cypress to allow for the continued importation of waste at the County's three landfills
and to extend the terms of the WDA through June 30, 2025.
RESOLUTION NO. 6494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO THE 2009 WASTE DISPOSAL
AGREEMENT WITH THE COUNTY OF ORANGE.
Item No. 8: REQUEST FOR A ONE YEAR EXTENSION OF THE APPROVAL TO
CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER
OF KATELLA AVENUE AND WINNERS CIRCLE.
Recommendation: That the City Council approve the one year extensions of Conditional
Use Permit No. 2007 -13 and Design Review Committee Permit No. 2007 -07 (until April
28, 2016), subject to the original conditions of approval for the project.
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CITY COUNCIL MINUTES APRIL 13, 2015
Item No. 9: AWARD OF CONTRACTS AND AUTHORIZATION OF A BUDGET
ADJUSTMENT FOR THE ANNUAL STREET OVERLAY, PROJECT 130.
Recommendation: That the City Council: 1) Authorize an increase in Estimated
Revenues by $70,700 in Account No. 232 - 99999.3525 (Gas Tax 2106 — Other Grants)
for the receipt of Rubberized Pavement Grant Program funds from the Department of
Resources Recycling and Recovery (CalRecycle); and 2) Authorize an increase in
Estimated Revenues by $34,500 in the Gas Tax 2106 Fund (Account No. 232-
99999.3711 — Expenditure Reimbursement); and 3) Authorize an appropriation
increase in the amount of $105,200 in the Gas Tax 2106 Fund (Account No. 232-
80100- 8012.4186), for construction of the Annual Street Overlay, Project 130; and 4)
Award a contract for the Annual Street Overlay, Project 130, in the amount of
$1,178,564.50, to the lowest responsible bidder, R.J. Noble Company, Orange,
California; authorize a contingency of $176,800 (15% of bid amount); and direct the
Director of Community Development to issue any necessary change orders to complete
additional work within budgetary authority; and 5) Approve a Task Order for
Construction Management and Inspection Services, in the amount of $55,529, within
the existing agreement for On -Call Construction Management/Inspection /Engineering
Services, for the Annual Street Overlay, Project 130, to Vali Cooper and Associates,
Inc. (VCA); authorize a contingency of $8,330 (15% of contract amount) to be used for
unforeseen work; and direct the Director of Community Development to act as Contract
Officer; and 6) Approve an agreement with the City of Buena Park for sharing the cost
of the asphalt overlay improvements on Ball Road, and authorize the Mayor to execute
the agreement.
Item No. 10: APPROVAL OF PLANS AND SPECIFICATIONS FOR A WATER
QUALITY IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, PROJECT 115.
Recommendation: That the City Council approve the plans and specifications for a
Water Quality Improvement Project at Various Locations, Project 115.
Item No. 11: AUTHORIZATION OF A BUDGET ADJUSTMENT FOR PUBLIC WORKS
PERMIT INSPECTION SERVICES.
Recommendation: That the City Council authorize a budget adjustment in the amount
of $20,000 for Public Works Permit Inspection Services.
Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS AND BUDGET
ADJUSTMENT FOR A WATER QUALITY IMPROVEMENT PROJECT AT VARIOUS
LOCATIONS, PROJECT 158.
Recommendation: That the City Council: 1) Approve Plans and Specifications for
Water Quality Improvement Project at Various Locations, Project 158; and 2) Approve
an amendment to the City's Measure M2 7 -Year Capital Improvement Program, Fiscal
Years 2014 -15 through 2020 -21, for inclusion of the Environmental Cleanup Program
(ECP), Tier I Grant Project 158; and 3) Authorize an appropriation increase in the CIP
Fund in the amount of $163,650 (Account No. 415 - 80300 - 8032_4186), for the
construction, inspection, and contingency of Environmental Cleanup Program Tier I
Grant Project 158; and 4) Authorize an increase in estimated revenues by $163,650 in
Account No. 415 - 99999.3525 (Other Grants) for the award of Measure M2
Environmental Cleanup Program funds from OCTA.
Item No. 13: ACCEPTANCE OF THE SEWER REHABILITATION PROJECT ON
BELMONT STREET, PROJECT 132.
Recommendation: That the City Council; 1) Accept the Sewer Rehabilitation on
Belmont Street, Project 132, as being satisfactorily completed in conformance with the
project specifications, in the final amount of $46,336; and 2) Approve the final retention
payment of $2,316.80 to Ramona, Inc., Arcadia, 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 Community Development.
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CITY COUNCIL MINUTES APRIL 13, 2015 438
Item No. 14: APPROVAL OF MANAGEMENT PARTNERS STRATEGIC PLANNING
AGREEMENT.
Recommendation: That the City Council: 1) Approve an agreement with Management
Partners to assist in the development of a strategic plan for the Police Department; and
2) Increase the Police Department's Professional Services — Other (Account No. 111-
50161.4189_100) by $19,900.
Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY
2015.
Recommendation: That the City Council receive and file the Investment Report for the
month of February 2015.
Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 33608 THROUGH
34068.
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. 17: AMENDMENT TO 800 MEGAHERTZ COUNTYWIDE COORDINATED
COMMUNICATIONS SYSTEM AGREEMENT.
The Police Commander provided background information on this item.
Council Member Peat asked about the implementation timeframe for the system.
The Police Commander responded that the implementation process has already begun,
with completion expected in 2018 to include equipment replacement and upgrade.
Council Member Peat asked if the three -year implementation timeframe is sufficient.
The Police Commander replied that the County of Orange infrastructure replacement is
time consuming which would include cell tower upgrades and over 21,000 registered
radio upgrades.
Mayor Pro Tem Yarc asked how the system works.
The Police Commander replied that the system would be similar to that of cellular and
would have a trunk system with towers throughout Orange County.
Mayor Pro Tem Yarc asked about protection against terrorists.
The Police Commander responded that the system would have several layers of
protection including encryption and support of fail -over towers.
Council Member Berry asked for clarification on the City of Cypress' 170 units that are
unable to be upgraded, as outlined in Exhibit C.
The Police Commander responded that those units include all handheld, vehicle,
console, and Public Works radios. He indicated that 17 radios qualify for the upgrade
due to recent grant funding.
Council Member Morales asked if the system implementation agreement includes
training.
The Police Commander replied that annual training would be included.
Mayor Johnson asked about the system compatibility with other counties.
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CITY COUNCIL MINUTES APRIL 13, 2015
The Police Commander stated that the system would be completely compatible with the
West -Comm system including County of Orange fire, marine safety, and public works.
He stated that crossing over to another county would be questionable.
It was moved by Council Member Berry and seconded by Council Member Peat, that
the City Council: 1) Approve and execute the Amendment to Joint Agreement for the
Operation, Maintenance, and Financial Management of the Orange County 800
Megahertz Countywide Coordinated Communications System (800 MHz CCCS); and 2)
Authorize the Mayor and the City Clerk to execute the Amendment to Joint Agreement.
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. 18: CONSIDERATION OF OPPOSITION TO AB 1217 REGARDING THE
ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD OF DIRECTORS.
The City Manager provided background information on this item.
Council Member Berry asked how this legislative matter came to be.
The City Manager replied that Assembly Member Daly and former City of Anaheim
Mayor introduced the legislation as a desire to seek good government changes. He
indicated that the OCFA was largely created locally with the ability to change the way it
governs itself, and that the Orange County Professional Firefighters' Association
supports the legislation.
Council Member Morales asked about change based on local governance.
The City Manager stated that should the 26 agencies that constitute OCFA decide that
they are interested in changing the way they govern the organization, they have the
ability to do that, and that that proposal has not come before the OCFA Board and not
generated locally. He clarified that this is not legislation that is designed to pick up an
initiative that has been seen locally, as it is very much the State moving to impose
regulation on a local agency.
Council Member Peat asked if the legislation would impose a burden on the OCFA and
its services provided to Orange County cities.
Division Chief Dave Steffan, O.C. Fire Authority, stated that the legislation would not
impact the OCFA services to cities, and indicated that the Joint Powers Authority (JPA)
was created with local representation from each of the contracted cities and that this
legislation would undo that structure.
Council Member Peat clarified that the implication in the legislation is that the structure
of the OCFA Board causes inefficiencies in delivery of service to the cities, and he
asked if that could be a possibility.
Chief Steffan responded that he does not believe that it would create any inefficiencies
as to how the services are currently provided to cities based on the 25 member board.
Council Member Peat asked if cost savings studies had been done.
Chief Steffan indicated that he is not aware of any cost savings studies.
Mayor Pro Tem Yarc asked what is being done with other counties.
The City Manager replied that this legislation is aimed specifically at the Orange County
Fire Authority.
Mayor Johnson asked if the Orange County Transportation Authority (OCTA) has
regional representation.
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CITY COUNCIL MINUTES APRIL 13, 2015
The City Manager stated that OCTA has a similar structure and that there was
legislation in Sacramento that provided for OCTA to restructure itself to its current
board because OCTA did not have the authority under the laws that created it to
restructure itself. He indicated that OCTA had to have the state legislature act to allow
for that change in governance. He clarified that the OCFA has a public lifesaving
mission to deliver fire services and that OCTA is regional transportation services.
Mayor Johnson spoke of his representation on the OCFA Board and how AB 1217 may
impact that representation and create a reduction in the number of Board Members.
It was moved by Mayor Pro Tem Yarc and seconded by Council Member Peat, that the
City Council oppose AB 1217 dealing with the Orange County Fire Authority (OCFA)
Board of Directors and authorize the Mayor to communicate opposition to AB 1217 as
the City's representative to the OCFA Board and as otherwise appropriate.
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. 19: CONSIDERATION OF ADOPTION OF THE CITY OF CYPRESS
STRATEGIC PLAN.
The City Manager provided background information on this item.
It was moved by Council Member Morales and seconded by Council Member Berry,
that the City Council adopt the City of Cypress Strategic Plan, including three -year
goals and six -month strategic objectives.
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 Berry:
Attended the Cypress Chamber of Commerce Networking breakfast. Attended the
Relay for Life Kick -Off meeting. Attended the Grace Christian School time capsule
opening. Attended an O.C. Sanitation District Orientation meeting. Attended the
Cypress Chamber of Commerce Student/Mentoring breakfast. Attended a Purple Heart
award ceremony at the Joint Forces Training Base. Attended the League of California
Cities General Membership meeting. Attended the City of Cypress Teen Fashion
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CITY COUNCIL MINUTES APRIL 13, 2015 441
Scene. Attended the City of Stanton Prayer Breakfast. Attended the Boys & Girls Club
of Cypress Easter basket distribution at King Elementary School. Attended a PACE
graduation. Attended a Santa Ana River Flood Protection Agency meeting. Attended
an Ocean Advisory Committee meeting. Attended the Woman's Club of Cypress Rose
Garden Tea. Attended the Woman's Club of Cypress General Membership meeting.
Attended the O.C. Library Advisory Board Executive Committee meeting. Attended the
City of Cypress Spring Egg Hunt at Oak Knoll Park. Attended a PACE graduation at
Morris Elementary School. Attended the Habitat for Humanity dedication ceremony.
Attended the Arbor Day ceremony at Veterans Park.
Council Member Morales:
Attended the Miracle Children's Network fundraiser. Attended the Police Academy
graduation at Orange Coast College. Attended the Cypress High School Cheerleaders
National Championships. Attended the St. Irenaeus PACE graduation. Attended the
Hotline of Southern California fundraiser. Attended a Mothers Against Drunk Drivers
(MADD) fundraiser meeting. Attended the City of Cypress Spring Egg Hunt at Oak
Knoll Park. Attended the Habitat for Humanity dedication ceremony. Attended the
Arbor Day ceremony at Veterans Park.
Council Member Peat:
Attended the City Council Strategic Planning workshop. Attended the Woman's Club of
Cypress Rose Garden Tea. Attended the Rotary Club of Cypress spaghetti dinner.
Attended the Arbor Day Ceremony at Veterans Park.
Council Member Yarc:
Attended an O.C. Sanitation District Board meeting. Attended the League of Women's
Voters meeting. Attended the Cypress Chamber of Commerce Board meeting.
Attended the City Council Strategic Planning workshop. Attended the Hotline of
Southern California fundraiser. Attended the Woman's Club of Cypress Rose Garden
Tea. Attended the Woman's Club of Cypress General Membership meeting. Attended
an O.C. Sanitation Operations Committee meeting. Attended a Community Emergency
Response Team (CERT) meeting. Attended a League of California Cities Community
Services Policy Committee meeting.
Council Member Johnson:
Attended the Cawthon Elementary School time capsule opening. Served lunches at the
Cypress Senior Citizens Center. Attended the Cypress Chamber of Commerce
Student/Mentoring breakfast. Participated in the City of Seal Beach 10K Run.
Attended the Mori Seki USA ribbon cutting. Attended the City of Stanton Prayer
Breakfast. Attended the St. Irenaeus PACE graduation. Attended a meeting with O.C.
Supervisor Michelle Steel. Attended an O.C. Fire Authority Board meeting. Attended
the Cypress Chamber of Commerce Board meeting. Attended the Hotline of Southern
California fundraiser. Attended a BRAIN seminar. Attended the Woman's Club of
Cypress Rose Garden Tea. Attended the Yamaha Motors Ribbon Cutting ceremony.
Attended a Southern California Edison meeting with government officials. Participated
in the Habitat for Humanity home building event. Attended the City of Cypress Spring
Egg Hunt at Oak Knoll Park. Provided a tour of City Hall for Arnold Elementary School
students. Attended a Waste Management Commission meeting. Attended the Habitat
for Humanity dedication ceremony. Attended the Arbor Day ceremony at Veterans
Park.
ITEMS FROM CITY MANAGER:
The City Manager indicated that the Cypress Chamber of Commerce would be holding
a Networking Breakfast on April 14, 2015, and announced the Volunteer Recognition
Dinner to be held on April 17, 2015, at the Cypress Senior Citizens Center.
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CITY COUNCIL MINUTES APRIL 13, 2015 442
ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:10 p.m. to Monday, April
27, 2015, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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M YO • . HE CITY OF CYPRESS