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2015-06-08471 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 8, 2015 A regular meeting of the Cypress City Council was called to order at 5:31 p.m. by Mayor Johnson in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor Rob Johnson Mayor Pro Tem Marielien Yarc Council Member Stacy Berry Council Member Paulo Morales (arrived at 5:34 p.m.) Council Member Jon Peat Staff present: City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Council conducted interviews of Commission applicants for vacancies on the. Recreation and Community Services Commission, Senior Citizens Commission, and Traffic Commission. At 6:47 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 7:03 p.m. by Mayor Johnson. Members present: Mayor Rob Johnson Mayor Pro Tem Marielien 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 City Engineer Kamran Dadbeh City Planner Doug Hawkins Water Quality Manager Gonzalo Vazquez Management Analyst Anna Sanchez Human Resources Manager Cathy Thompson 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 Stan Markowski, Cypress Church. CITY COUNCIL MINUTES JUNE 8, 2015 472 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 Manager reported that the City Council conducted interviews of Commission applicants for vacancies on the Recreation and Community Services Commission, Senior Citizens Commission, and Traffic Commission. PRESENTATIONS: George Briggeman, Valley Vista Services of Orange County, provided an update to the trash collection services. 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 to be held on Saturday, July 25, 2015, and upcoming Cypress Chamber of Commerce events. 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 Berry and seconded by Council Member Peat, to approve Consent Calendar Items No. 1 through 10. 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 Council Member Morales stated that Agenda Item No. 9, the Warrant Register, includes warrant 34576 for $395.87 for reimbursements he receives as a retired employee of the City of Cypress. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on warrant 34576 for the reason disclosed. Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 26. 2015. Recommendation: That the City Council approve the Minutes of the Meeting of May 26, 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. 2 CITY COUNCIL MINUTES JUNE 8, 2015 473 Item No. 3: APPROVAL OF A SIGN PROGRAM FOR 5730 KATELLA AVENUE — DESIGN REVIEW COMMITTEE PERMIT NO. 3026. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 3026, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 6501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3026 - WITH CONDITIONS. Item No. 4: APPROVAL OF CONSTRUCTION OF AN OFFICE BUILDING AT 5001 CERRITOS AVENUE — DESIGN REVIEW COMMITTEE PERMIT NO. 3030. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 3030, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 6502 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3030 - WITH CONDITIONS. Item No. 5: ACCEPTANCE OF THE SEWER REHABILITATION AT VARIOUS LOCATIONS, PROJECT 117. Recommendation: That the City Council: 1) Accept the Sewer Rehabilitation at Various Locations, Project 117, as being satisfactorily completed in conformance with the project specifications, in the final amount of $204,622; and 2) Approve the final retention payment of $10,231.10 to Sancon, Inc., Huntington Beach, 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. Item No. 6: CERTIFICATION OF THE PAVEMENT MANAGEMENT PROGRAM FOR ORANGE COUNTY TRANSPORTATION AUTHORITY. Recommendation: That the City Council receive and file the Fiscal Year 2015 -16 Pavement Management Program. Item No. 7: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. 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, adopting the Annual Statement of Investment Policy. RESOLUTION NO. 6503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 8: APPROVAL OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL YEAR 2015 -16 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, establishing the City's Fiscal Year 2015 -16 appropriation limit. 3 CITY COUNCIL MINUTES JUNE 8, 2015 474 RESOLUTION NO. 6504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR THE 2015 -16 FISCAL YEAR. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 34477 THROUGH 34654. 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. 10: APPROVAL OF RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S FISCAL YEAR 2015 -16 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District's Fiscal Year 2015 -16 appropriation limit. RESOLUTION NO. 6505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATION LIMIT FOR THE 2015 -16 FISCAL YEAR. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 11: CONSIDERATION OF A RESOLUTION IN SUPPORT OF SENATE CONSTITUTIONAL AMENDMENT 2 (SCA 2) TO PROHIBIT BANNING THE U.S. FLAG ON STATE FUNDED COLLEGE CAMPUSES IN CALIFORNIA. Mayor Johnson provided background information on this item. Mayor Pro Tem Yarc asked about the need for this action. Mayor Johnson indicated that State Senator Janet Nguyen sent a letter requesting the City's support. Council Member Berry spoke in support of the Resolution and commented that the American flag is a symbol of freedom and that it should not be banned. Mayor Pro Tem Yarc asked if the display of the American flag is being prohibited and /or banned on college campuses. The City Manager responded that UC Irvine's Legislative Student Council proposal to ban all national flags from campus was vetoed by the Executive Cabinet of the Associated Students of UC Irvine. He indicated that the Resolution would be in support of preventing similar actions in the future. It was moved by Council Member Peat and seconded by Council Member Morales, that the City Council adopt a Resolution in support of Senate Constitutional Amendment 2 (SCA 2) to prohibit the banning of the U.S. flag on state funded college campuses in California. 4 CITY COUNCIL MINUTES JUNE 8, 2015 475 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. 6506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING SENATE CONSTITUTIONAL AMENDMENT 2 (SCA 2) TO PROHIBIT BANNING THE U.S. FLAG ON STATE FUNDED COLLEGE CAMPUSES IN CALIFORNIA. Item No. 12: ADOPTION OF THE FISCAL YEAR 2015 -16 BUDGET FOR THE CITY OF CYPRESS. The City Manager provided background information on this item. Mayor Pro Tem Yarc asked for a clearer definition of a balanced budget and why more is being spent than received. The City Manager responded that the Capital budget includes spending of accumulated savings from prior fiscal years that were set aside for larger projects that do not have an annual cash flow financing. He stated that municipal -level deficit spending is legally prohibited necessitating accumulated reserves to balance the budget. He clarified that spending only what is actually budgeted each year would be extremely uncommon as that would not allow investments into larger capital and /or infrastructure projects. Mayor Pro Tem Yarc asked about the current fiscal year's reserves. The City Manager replied that the current fiscal year operating budget is focused on balancing spending against income, and that ongoing expenses should be covered by ongoing revenues. He stated that one -time revenues could be drawn on for one -time expenses. He indicated that there is a 25% fully funded General Fund contingency as set by the City Council policy, $2 million for future infrastructure projects, $2 million for the Technology Master Plan, and that savings and revenue overages are anticipated for the current fiscal year for allocation towards future savings. Mayor Pro Tem Yarc asked about additional spending, interest earned on savings, and future spending for projects. The City Manager indicated that interest earnings are 4 tenths of one percent on a large portfolio that has been accumulated over time. He stated that ongoing revenues exceed ongoing expenditures by several million dollars. The Director of Finance and Administrative Services stated that total revenues exceed ongoing operating expenditures by approximately $8 million. The City Manager stated that the City spends less than what it makes for operations and that reserve funds would be used for major projects. Mayor Johnson thanked the Director of Finance and Administrative Services for his work on the City budget. It was moved by Council Member Morales and seconded by Council Member Berry, that the City Council adopt the Resolution by title only, approving the City's Fiscal Year 2015 -16 Budget. 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 5 CITY COUNCIL MINUTES JUNE 8, 2015 476 RESOLUTION NO. 6507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. Item No. 13: ADOPTION OF THE SEVEN -YEAR CAPITAL IMPROVEMENT PROGRAM. The City Manager provided background information on this item. Council Member Berry complimented the Community Development Department on maintaining high capital project standards throughout the City, and asked if drought response funding would replace new tree plantings. The Director of Community Development indicated that monies dedicated for trees and Ball Road irrigation would be combined for reallocation to the drought response once specific funding is determined. Council Member Berry asked about not planting new trees due to the current drought. The Director of Community Development responded that no new trees would be planted and that staff would further discuss the matter at the next regular City Council meeting. He clarified that tree replacement funding was reduced in the budget and that occasional tree replacements would be done according to sidewalk projects. Council Member Peat complimented the Community Development Department on its capital projects efforts. Mayor Pro Tem Yarc asked about the parkway projects costs. The Director of Community Development replied that parkway projects are typically beautification projects and /or projects from the curb to the property line. He indicated that any work done along sidewalks and medians would be included in the parkway projects funding. Mayor Pro Tem Yarc asked why parkway projects is the third highest Capital Improvement Program funded item. The Director of Community Development responded that the largest expense for parkway projects is for concrete improvements, as well as Americans with Disabilities (ADA) improvements within the street right -of -way. The City Manager clarified that approximately $10 million of the parkway projects fund is for sidewalk improvements. Mayor Johnson spoke regarding a recent City Council meeting presentation by Golden State Water Company and reclaimed water uses. The Director of Community Development indicated that the City is coordinating water truck efforts with the City of Cerritos for Civic Center Green irrigating, and spoke of reclaimed water usage restrictions. Mayor Johnson asked about the lack of watering and concerns related to possible concrete damage that may be caused from uprooted trees. The Director of Community Development spoke of stress concerns with mature trees. 6 CITY COUNCIL MINUTES JUNE 8, 2015 It was moved by Council Member Peat and seconded by Council Member Berry, that the City Council: 1) Determine the Capital Improvement Program is consistent with the City of Cypress General Plan; and 2) Adopt the Resolution by title only, approving the Seven -Year Capital Improvement Program. 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. 6508 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SEVEN -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015 -2016 THROUGH FISCAL YEAR 2021 -2022. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Item No. 14: PUBLIC HEARING TO CONSIDER ADOPTION OF THE CYPRESS RECREATION AND PARK DISTRICT FY 2015 -16 BUDGET. The City Manager provided background information on this item. Mayor Pro Tem Yarc asked about park playground equipment improvements. The Recreation and Community Services Director indicated that immediate park playground equipment safety corrections would be made at Cedar Glen Park, however there would be no park equipment corrections and /or repairs for Fiscal Year 2015 -16 as all park playground equipment has been deemed safe and playable. Mayor Johnson asked about long -range planning of park utilization. The Recreation and Community Services responded that, as part of the Strategic Plan, an infrastructure utilization and assessment would be done and brought back to the City Council in the fall. The City Manager indicated that Fiscal Year 2015 -16 projects include the Mackay School park design, Darrell Essex Park restoration, and Senior Citizens Center air conditioning evaluation. The Public Hearing was opened. The Public Hearing was closed. It was moved by Council Member Berry and seconded by Council Member Morales, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the District Budget for the fiscal year beginning July 1, 2015 after the conclusion of the public hearing. 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 ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. 7 477 CITY COUNCIL MINUTES JUNE 8, 2015 478 ITEMS FROM CITY COUNCIL MEMBERS: Mayor Johnson requested reports from the Council Members on their respective committee assignments. Council Member Peat: Met with the City Manager. Visited the Valley Vista Services of O.C. staging area at the Los Alamitos Race Track site. Attended a reception for the newly appointed Cypress School District Superintendent. Council Member Yarc: Attended the Cypress Nature Park Wildlife Learning Center event. Attended the Concert-on- the -Green Council Member Berry: Attended the Cypress Police Association Appreciation luncheon. Attended an O.C. Sanitation District meeting. Attended a Soroptimist Service and Scholarship Awards reception. Attended a Rossmoor /Los Alamitos Republican Women's Luncheon and Scholarship awards. Attended the St. Isidore Historical Plaza fundraiser. Attended a Woman's Club of Cypress General Membership meeting. Attended the Anaheim Union High School District State of the District event. Attended the Cypress Nature Park Wildlife Learning Center event. Attended the Concert-on- the - Green. Attended a reception for the newly appointed Cypress School District Superintendent. Council Member Morales: Attended the Cypress Police Association Appreciation luncheon. Attended the Cypress Community Festival Committee meeting. Attended an Angel's baseball game in support of the John F. Kennedy High School 19th Annual Scholarship Foundation event. Attended the Golden State Water Company community meeting at Cottonwood Church. Attended a League of California Cities Policy Forum at Cal State Los Angeles. Attended the Concert-on- the -Green Mayor Johnson: Attended the Cypress Police Association Appreciation luncheon. Attended an O.C. Fire Authority Board meeting. Attended the Arnold Elementary School Career Day. Met with a Habitat for Humanity representative. Attended the Concert-on- the - Green. Attended a reception for the newly appointed Cypress School District Superintendent. Participated in the first phase of the Commission applicant interviews. ITEMS FROM CITY MANAGER: No reports. 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, Executive Management, Mid - Management, Non - Represented. 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(a), De Young v. City of Cypress, WCAB No. ADJ8874505, Claim No. 13- 115580. 8 CITY COUNCIL MINUTES At 8:08 p.m., the Mayor recessed the meeting. At 9:15 p.m., the Mayor reconvened the meeting. REPORT OF CLOSED SESSION: JUNE 8, 2015 479 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, Executive Management, Mid - Management, Non - Represented. He stated that no reportable action was taken. 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(a), De Young v. City of Cypress, WCAB No. ADJ8874505, Claim No. 13- 115580. He stated that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:17 p.m. to a special meeting on Monday, June 15, 2015, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 6-2/Aldikt ) CITY CLERK F THE CITY OFCY" ESS 9 MAYOR Ili HE CITY OF CYPRESS