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2015-06-22481 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 22, 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 Marielien Yarc Council Member Stacy Berry Council Member Paulo Morales Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Assistant City Attorney Lindsay Tabaian 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 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Clerk. 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. 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. At 6:04 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 7:02 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 CITY COUNCIL MINUTES Staff present: City Manager Peter Grant City Attorney Anthony Taylor Assistant City Attorney Lindsay Tabaian Director of Finance and Administrative Services Matt Burton Interim Police Chief Rodney Cox Director of Community Development Doug Dancs Director of Recreation and Community Services June Liu City Engineer Kamran Dadbeh City Planner Doug Hawkins Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Recreation Supervisor Jenni Worsham Recreation Coordinator Kerran Lakin Associate Planner Kori Sanders Assistant Planner Judy Aquino Water Quality Manager Gonzalo Vazquez Management Analyst Anna Sanchez Senior Management Analyst Alisha Farnell Deputy City Clerk Rhonda Barone JUNE 22, 2015 482 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Yarc. INVOCATION: The invocation was given by Pastor Doyle Surratt, Seacoast Grace 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, 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Clerk. 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(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 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 a motion was made by Council Member Peat, seconded by Council Member Morales and unanimously approved to adopt a settlement as approved by the Worker's Compensation Appeals Board Court on June 4, 2015. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: The Director of Recreation and Community Services introduced Recreation Coordinator Kerran Lakin. 2 CITY COUNCIL MINUTES JUNE 22, 2015 The Director of Recreation and Community Services spoke regarding proclaiming the month of July as "Parks Make Life Better! Month" in the City of Cypress. Mayor Johnson presented a proclamation to the Recreation and Community Services Department proclaiming the month of July 2015 as "Parks Make Life Better! 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. Shelley Henderson, Cypress, spoke regarding the St. Irenaeus Fiesta to be held June 26 — June 28, 2015. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPROVAL OF A 19 UNIT CONDOMINIUM DEVELOPMENT AT 9191 BLOOMFIELD STREET — CONDITIONAL USE PERMIT NO. 3031 AND TENTATIVE TRACT MAP NO. 17853. The Associate Planner provided background information on this item. Council Member Berry asked about the installation of drought tolerant landscaping. The applicant, John Bonanni, responded that drought resistant landscaping would be installed. Council Member Berry asked about the purchase price range of the condominium units. Mr. Bonanni responded that the selling price has not yet been determined. Council Member Berry asked about traffic impacts on Bloomfield Street. Mr. Bonanni indicated that vehicle left hand and right hand turns could be made from the driveways. The Associate Planner stated that the Traffic Engineer's preliminary review of the potential project traffic impacts determined that there would be no change in the level of service at the closest intersection service. Council Member Morales asked about the required property size and number of units allowed versus the proposed density bonus for one more unit, as outlined in Table 2 Project Summary, and asked if this was because the shape of the land had room for more units. Mr. Bonanni replied that the proposed site design allowed for the additional unit. Council Member Morales asked about the size of the condominium units. Mr. Bonanni replied that all of the condominium units would be 1,565 square feet. Council Member Peat asked about other three -story housing projects in the vicinity. The Associate Planner responded that there is a similar 19 -unit three -story housing project on the south side of Lincoln Avenue, north of Cypress College. Mayor Johnson asked about building setbacks. The Associate Planner responded that the building setbacks are in full compliance with the City Code. 3 483 CITY COUNCIL MINUTES JUNE 22, 2015 484 Mayor Johnson spoke of businesses surrounding the project area, not other residences, so there would be no residential privacy concerns. Mr. Bonanni responded in the affirmative. The public hearing was opened. The applicant, John Bonanni, stated that he accepts the Conditions of Approval. The public hearing was closed. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 3031 and Tentative Tract Map No. 17853, subject to the conditions in Exhibit "A." 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. 6509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3031 — WITH CONDITIONS. RESOLUTION NO. 6510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 17853 — WITH CONDITIONS. Item No. 2: APPROVAL OF ONSITE SALE OF BEER AND WINE, OUTDOOR SEATING, AND REMODEL OF THE CYPRESS VILLAGE SHOPPING CENTER AT 9515 -9575 VALLEY VIEW STREET — CONDITIONAL USE PERMIT NO. 3029. The Assistant Planner provided background information on this item. Council Member Peat asked about Conditions of Approval No. 2.24 with regard to the disposal of trash restricted between the hours of 8:00 p.m. and 8:00 a.m. The Assistant Planner indicated that the two other businesses in the City that are required to comply with the same trash disposal restriction hours maintain the trash inside of the building after the restricted hours. Council Member Peat asked if the trash disposal hours could be reconsidered in six months. The City Attorney stated that another Public Hearing could be reopened in order to amend the Conditions of Approval. Mayor Pro Tem Yarc asked about the beer and wine permits. The Assistant Planner stated that future tenants requesting to sell beer and wine would need to apply for a permit with the Alcoholic Beverage Control (ABC). Mayor Pro Tem Yarc asked if the proposed restaurant/retail buildings could be changed to retail. Michael Valentine, Executive Vice President, Construction Management, stated that only one restaurant has been identified for approval and that the uses could be either restaurant or retail. 4 CITY COUNCIL MINUTES JUNE 22, 2015 485 Council Member Morales asked how many of the buildings are occupied. Mr. Valentine responded that only Building 1 has a tenant at this time. Council Member Morales spoke of concerns with regard to vehicle traffic unrelated to the tenants and asked how that would be handled. Mr. Valentine responded that unauthorized parking would be discouraged and dealt with by the property manager. Council Member Morales asked if traffic concerns were part of the Cypress Police Department review process. The Assistant Planner responded that onsight parking was not part of the review process. Council Member Morales spoke of past parking concerns with the shopping center. Council Member Berry spoke of the resident outreach and the denial of a 24 -hour restaurant, and asked if the surrounding residents were accepting of the amended hours of operation. Mr. Valentine responded in the affirmative. Council Member Berry spoke of noise concerns and asked about the noise wall to be provided between Building 1 and Building 2. The Assistant Planner responded that staff is continuing to work with Mr. Valentine on the aesthetics of the noise wall, with the purpose to reduce outdoor patio noise. Mr. Valentine commented that the noise wall would keep patrons confined in the outdoor patio area and away from the nearby residential areas. Council Member Berry asked if there would be a 3 foot 6 inch railing on the other side of the outdoor patio area. Mr. Valentine responded that the railing is required because of the sale of alcohol. Mayor Johnson asked if traffic behind the west end of the building would be restricted to one -way to allow for deliveries. Mr. Valentine responded in the affirmative. Mayor Johnson asked if the development would have a facade remodel. Mr. Valentine replied that the project would be a dramatic clean up with new canopies, clean stucco walls, and new store fronts. The public hearing was opened. Mr. Michael Valentine, on behalf of RiverRock Real Estate Group, stated that he accepts the Conditions of Approval. He spoke of the residential input received from various community meetings, as well as limitations to the beer and wine sales. The public hearing was closed. It was moved by Council Member Berry and seconded by Council Member Morales, that the City Council: 1) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving Conditional Use Permit No. 3029, subject to the conditions in Exhibit "A." 5 CITY COUNCIL MINUTES JUNE 22, 2015 486 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. 6511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3029 — 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. Mayor Pro Tem Yarc requested Agenda Item No. 17 be pulled from the Consent Calendar. Council Member Peat requested Agenda Item No. 12 be pulled from the Consent Calendar. It was moved by Council Member Peat and seconded by Council Member Berry, to approve Consent Calendar Items No. 3 through 11, and 13 through 16. 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. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JUNE 8 AND JUNE 15, 2015. Recommendation: That the City Council approve the Minutes of the Meetings of June 8 and June 15, 2015, as submitted. Item No. 4: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: CONFIRM THE APPOINTMENT OF CITY COMMISSIONERS. Recommendation: That the City Council confirm the appointments of City Commissioners effective July 1, 2015. Item No. 6: PROCLAIM THE MONTH OF JULY 2015 AS "PARKS MAKE LIFE BETTER! MONTH" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the month of July 2015 as "Parks Make Life Better! Month" in the City of Cypress. Item No. 7: APPROVAL OF THE PURCHASE OF TWO REPLACEMENT POLICE DEPARTMENT VEHICLES. Recommendation: That the City Council: 1) Find that the National Joint Powers Alliance Purchase Order No. 102811 -NAF satisfies the bid process per City Code Section 21A- 10(e); and 2) Award a contract for the purchase of a 2015 Ford Police Interceptor and a 2015 Ford Taurus from Wondries Fleet Group, in the amount of $52,851.76. 6 CITY COUNCIL MINUTES JUNE 22, 2015 487 Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PROJECTS 133 AND 134. Recommendation: That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Projects 133 and 134. Item No. 9: APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615 -90. Recommendation: That the City Council adopt the Resolutions by title only, approving the City Engineer's Report and establishing a public hearing for July 27, 2015, declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. RESOLUTION NO. 6512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY ENGINEER'S REPORT DATED JUNE 22, 2015, IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLUTION NO. 6513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2015 -16, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. 10: ADOPT RESOLUTIONS ESTABLISHING SALARY AND BENEFITS FOR CONFIDENTIAL POSITIONS, MID - MANAGEMENT POSITIONS, AND EXECUTIVE MANAGEMENT POSITIONS. Recommendation: That the City Council: 1) Adopt the Resolution by title only, establishing salary ranges for Confidential positions; and 2) Adopt the Resolution by title only, establishing salary ranges for Mid - Management positions; and 3) Adopt the Resolution by title only, establishing salary ranges for Executive Management positions; and 4) Adopt the Resolution by title only, amending benefits for Management Employees. RESOLUTION NO. 6514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 6387 ESTABLISHING SALARY RANGES FOR CONFIDENTIAL POSITIONS. RESOLUTION NO. 6515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 6477 ESTABLISHING SALARY RANGES FOR MID - MANAGEMENT POSITIONS. 7 CITY COUNCIL MINUTES JUNE 22, 2015 488 RESOLUTION NO. 6516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 6478 ESTABLISHING SALARY RANGES FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 6517 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. 6474 ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES. Item No. 11: RECEIVE AND FILE PAST PAY SCHEDULES FOR THE CYPRESS POLICE OFFICERS' ASSOCIATION. Recommendation: That the City Council receive and file past pay schedules reflected in the Cypress Police Officers' Association (POA) Memorandum of Understanding for the period June 1, 2009 — June 30, 2013. Item No. 13: CONSIDERATION OF AN ORDINANCE AMENDING PORTIONS OF CHAPTER 17 -74 OF THE CYPRESS MUNICIPAL CODE. Recommendation: That the City Council waive further reading and introduce an Ordinance amending the Cypress Municipal Code to comply with recent court opinions issued by the California Supreme Court and Court of Appeals, Fourth Appellate District, and entitled "an Ordinance of the City Council of the City of Cypress, California, amending portions of chapter 17 -74 of the Cypress Municipal Code" (the "Amended Ordinance "). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 17 -74 OF THE CYPRESS MUNICIPAL CODE. Item No. 14: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY 2015. Recommendation: That the City Council receive and file the Investment Report for the month of May 2015. Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 34655 THROUGH 34800. 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. 16: APPROVAL OF AGREEMENT WITH ANAHEIM UNION HIGH SCHOOL DISTRICT FOR TRANSPORTATION SERVICES. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, approve the agreement for transportation services and authorize the City Manager to execute the same. 8 CITY COUNCIL MINUTES JUNE 22, 2015 Regarding Item No. 12: ADOPT RESOLUTION APPROVING THE CITY OF CYPRESS TEMPORARY PART -TIME AND SEASONAL EMPLOYEES SICK LEAVE POLICY IN ACCORDANCE WITH AB1522 — HEALTHY WORKPLACE HEALTHY FAMILY ACT OF 2014, Council Member Peat asked about stronger language to protect the City from employee misuse. The Director of Finance and Administrative Services indicated that the City was mandated to provide paid sick leave to temporary part-time and seasonal employees, and that employees must work 90 days before the accrued sick leave may be used. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, 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 the City of Cypress Temporary Part-Time and Seasonal Employees Sick Leave Policy in accordance with the Healthy Workplace Healthy Family Act of 2014. 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. 6518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING A RESOLUTION ESTABLISHING A TEMPORARY PART -TIME AND SEASONAL EMPLOYEES SICK LEAVE POLICY IN ACCORDANCE WITH STATE LAW. Regarding Item No. 17: APPROVAL OF A LICENSE AGREEMENT WITH THE JOINT FORCES TRAINING BASE FOR THE 2015 41" OF JULY EVENT, the City Manager indicated that copies of the License Agreement have been provided to the City Council and made available to the public. Council Member Berry asked about the newly instituted rental cost of the Joint Forces Training Base. The Director of Recreation and Community Services stated that the 4th of July event has been held on the Joint Forces Training Base (JFTB) for more than 20 years, and that this type of agreement had not been necessary in the past because the JFTB had previously served as an event sponsor. She stated that this agreement changes the relationship as JFTB is no longer a sponsor of the event and facility use will now be subjected to a rental fee. She indicated that the Cities of Cypress and Los Alamitos had previously donated to the Joint Forces Training Base's Morale, Welfare and Recreation (MWR) fund for the event, and spoke of the JFTB change in personnel and its effects on event sponsorship. Council Member Berry asked if the Cities of Cypress and Los Alamitos are equal event sponsors. The Director of Recreation and Community Services responded in the affirmative and clarified that the Cities of Cypress and Los Alamitos serve as primary co- sponsors with support through various contract services. She stated that Cypress is responsible for the fireworks contract, sound, showmobile, and the majority of staff for event set -up, and that Los Alamitos handles contracts for parking, sanitation services, rental equipment, and traffic control. She indicated that the Rossmoor Community Services District and the City of Seal Beach serve as secondary event co- sponsors through a direct donation and no support services. Mayor Pro Tem Yarc asked about the amount expended for this year's event. 9 489 CITY COUNCIL MINUTES JUNE 22, 2015 490 The Director of Recreation and Community Services indicated that $50,000 - $60,000 is budgeted annually excluding full -time staff costs. She stated that this year's event costs may increase to $65,000 and would be split equally between the Cities of Cypress and Los Alamitos. Mayor Pro Tem Yarc asked about the pyrotechnic agreement. The Director of Recreation and Community Services responded that the City of Cypress would incur the full costs related to the pyrotechnic agreement and that full event financial commitments, based on budgeting, revenues, and sponsorship, would be determined at the conclusion of the event and divided equally between the Cities of Cypress and Los Alamitos. Mayor Pro Tem Yarc spoke regarding past City Council discussion in 2013 with regard to not wanting to hold the event at the JFTB and the expectation of a review of the location prior to this year's event. She asked why this matter had not been discussed recently with the City Council and what alternate locations were considered. The Director of Recreation and Community Services responded that in October /November 2013, staff provided a follow -up report to the City Council which included a review of alternate venues that could not be considered due to safety concerns related to insufficient allowance for the fireworks fall zone based on the shell size. She indicated that necessary permits from the Orange County Fire Authority would be difficult to obtain due to the safety concerns. Mayor Pro Tem Yarc requested a copy of the 2013 Council Agenda Report, and asked about the JFTB withdrawal of its event sponsorship and support. She requested that this matter be agendized. The City Manager stated that the City Council would be provided with a copy of the 2013 Council Agenda Report, and encouraged the City Council to discuss this matter in October 2015 in conjunction with the Strategic Plan. Mayor Johnson spoke in agreement with Mayor Pro Tem Yarc and the City Council discussion held in 2013 which included alternative actions, legalizing fireworks, and funding based on the partnership status with the JFTB. He asked about the City of Cypress' event sponsorship. The Director of Recreation and Community Services replied that the City of Los Alamitos' waste hauler provides a large sponsorship for the event and that this sponsorship ends in 2016. She indicated that several businesses and organizations provide a donation to the event, and that there are no direct vendor sponsorships through Cypress. She stated that any subsidy would be paid from Cypress Recreation and Park District funds. The City Manager indicated that the current agreement expires at the conclusion of the 2015 July 4th Fireworks Celebration. Mayor Johnson spoke regarding reconsideration of safe and sane fireworks, and requested that this matter be brought back to the City Council for further consideration. Mayor Pro Tem Yarc asked how many Cypress residents attend the event. The City Manager indicated that the City of Los Alamitos would conduct a residential survey at this year's event. 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, approve a license agreement to conduct the 4th of July event on the Joint Forces Training Base and authorize the City Manager to make any technical revisions to the agreement and execute the same. 10 CITY COUNCIL MINUTES JUNE 22, 2015 491 The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson NOES: 1 COUNCIL MEMBERS: Yarc ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR NEW BUSINESS: Item No. 18: DROUGHT RESPONSE TREE MANAGEMENT PLAN. The Director of Community Development provided background information on this item. Mayor Pro Tem Yarc asked if the Drought Response Tree Management Plan could be altered should the drought conditions lessen. The Director of Community Development responded that the Drought Response Tree Management Plan could be revised based on City Council direction. He informed of effective watering systems used for trees. Mayor Pro Tem Yarc asked about watering sources for the current trees. The Director of Community Development responded that the mandatory twice - weekly watering is sufficient for the current trees and that they need their own deep -water irrigation system in order to avoid overwatering. Council Member Peat asked about the rejection of bids for new tree plantings. The Director of Community Development replied that the new tree plantings contract has been on hold and that staff requests that all bids be rejected in order to rebid the project to include only new trees as part of the Drought Response Tree Management Plan. Council Member Peat asked about the use of drip irrigation. The Director of Community Development indicated that the trees along Ball Road and Moody Street are drip irrigation watered and that other areas would have future consideration for drip irrigation. Council Member Peat asked about consideration of smaller, drought tolerant trees. The Director of Community Development stated that drip irrigation would not be considered in residential areas and that the selection of drought tolerant trees would be up to the City Council discretion. Council Member Morales asked about the tree care acknowledgement form. The Director of Community Development informed that residential outreach would include mailings and staff follow -ups, and commented that some residents may decline a tree due to an increased water burden. Council Member Berry asked if bark would be placed should the resident decline the tree. The Director of Community Development responded that grass would remain on the parkway and that concrete areas would be filled with bark. Council Member Berry asked about replanting new trees due to the rejection of bids for new tree plantings. 11 CITY COUNCIL MINUTES JUNE 22, 2015 The Director of Community Development indicated that if all bids are rejected, staff would resurvey and return to the City Council with a new bid proposal for tree plantings in the winter, based on the survey. Council Member Berry asked how distressed trees would be watered. The Director of Community Development responded that watering would be done using a water truck and modified landscape watering on a case by case basis. Mayor Johnson asked if the City is responsible for the Sorrento Homes trees. The Director of Community Development replied that the trees along Sorrento and along the major arterial streets are City trees. Mayor Johnson asked about distressed tree removals at Willow Park. The Director of Community Development responded that distressed tree removals would be based on the tree contract and the effectiveness of the tree irrigation. It was moved by Council Member Peat and seconded by Council Member Morales, that the City Council: 1) Reject the bids for new tree plantings; 2) Contact residents regarding frontage tree plantings and secure an acknowledgement form for residential tree planting regarding irrigation and drought tolerant tree selection; 3) Rebid the contract based upon the resurvey; 4) Schedule new tree planting only during the winter months; and 5) Limit planting street trees on major streets or at facilities and parks unless irrigation is available. 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: DROUGHT RESPONSE PUBLIC OUTREACH PLAN. The Director of Community Development provided background information on this item. Council Member Berry suggested public outreach in the Cypress Senior Citizens Center newsletter. The Director of Community Development replied that staff would consider such. Council Member Berry suggested public outreach by the use of school marquees and websites. The Director of Community Development replied that staff would consider such. Council Member Morales encouraged public outreach with the use of all schools, marquees, the St. Irenaeus Fiesta, the Cypress Community Festival, Relay for Life, and the Concerts -on- the - Green. The Director of Community Development informed that previous public outreaches include the Cypress Community Festival. Mayor Johnson suggested public outreach through the Cypress Chamber of Commerce. Mr. Dale Webb, Golden State Water Company, spoke regarding public outreach and website information regarding turf removal and the current drought issues. Mayor Johnson asked if a City progress report is available Mr. Webb responded that water usage is reviewed on a monthly basis. 12 492 CITY COUNCIL MINUTES JUNE 22, 2015 Mayor Pro Tem Yarc asked if the City of Cypress water reduction mandate is 16 percent or 25 percent. Mr. Webb responded that the City of Cypress has a 16% water reduction mandate. Mayor Pro Tem Yarc asked if water usage could be split between residential front and backyards. Mr. Webb replied that watering restrictions are mandated to two days per week, and may not be split between front and backyards. Mayor Pro Tem Yarc asked about the green and brown areas of the Civic Center Green. The Director of Community Development responded that staff continues working on balancing the watering system in order to meet the mandated 16% water usage reduction, and that the City Council would be provided with an update at its regular meeting in July 2015. Mayor Pro Tem Yarc asked how residents would obtain information and /or ask questions regarding the drought. The Director of Community Development indicated that residents may call Golden State Water Company customer service or City Hall. Council Member Peat asked about mandated water usage and enforcement. The City Manager indicated that the City does not have an enforcement obligation. It was moved by Council Member Berry and seconded by Council Member Peat, that the City Council: 1) Develop a dedicated webpage for drought response with links to Golden State Water Company and other resources; 2) Include water conservation in annual presentations to school age population; 3) Use the local cable television channel to broadcast water conservation messages; 4) Post Golden State Water Company flyers at public counters; 5) Develop water conservation articles to post in the Recreation Activity Guide; 6) Contact the major HOA's to inform them of available water conservation resources; 7) Contact key business community stakeholders to inform them of available water conservation resources; and 8) Post conservation signage throughout City facilities. 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. 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. 13 493 CITY COUNCIL MINUTES JUNE 22, 2015 494 Council Member Berry: Attended the Cypress Chamber of Commerce Networking breakfast. Attended a Relay for Life meeting. Attended a Senior Citizens Commission meeting. Attended a Boys & Girls Club of Cypress Board meeting. Attended the Discovery Cube Grand Opening expansion. Participated in the Special Olympics Torch Run. Attended the retirement celebration for Union Bank Branch Manager Miriam Melville. Attended two Concerts - on- the - Green. Met with Habitat for Humanity of Orange County. Participated in the City Commission interviews. Attended a Cypress Children's Advocacy Board meeting. Attended an O.C. Council of Governments Streets Completes workshop. Attended the O.C. Vector Control Policy and Personnel Committee and Board of Trustees meetings. Attended the Cypress Chamber of Commerce Business Awards and Installation dinner. Asked about the use of reclaimed water on the Civic Center Green. Attended the recognition reception for the Graham Street fire responders. The Director of Community Development responded that through a joint program with the City of Cerritos, reclaimed water would be used on the Civic Center Green. Council Member Morales: Attended the Special Olympics Torch Run. Attended the retirement celebration for Union Bank Branch Manager Miriam Melville. Attended the Concert-on- the - Green. Attended a community neighborhood meeting on Jill Street. Attended the Cypress Chamber of Commerce Business Awards and Installation dinner. Attended the recognition reception for the Graham Street fire responders. Council Member Peat: Attended a Boys & Girls Club of Cypress Board meeting. Attended an O.C. Republican Flag Day celebration. Attended the Landell Elementary School carnival and fundraiser. Attended two Concerts -on- the - Green. Participated in the City Commission interviews. Attended the Cypress Chamber of Commerce Business Awards and Installation dinner. Attended the recognition reception for the Graham Street fire responders. Council Member Yarc: Attended a League of California Cities Policy Committee meeting. Attended various City and community meetings. Mayor Johnson: Attended the Special Olympics Torch Run. Attended the Landell Elementary School carnival and fundraiser. Attended the retirement celebration for Union Bank Branch Manager Miriam Melville. Participated in the City Commission interviews. Attended a community neighborhood meeting on Jill Street. Attended the Cypress Chamber of Commerce Business Awards and Installation dinner. Attended the Concert- on -the- Green. Attended the recognition reception for the Graham Street fire responders. Wished a Happy Father's Day. ITEMS FROM CITY MANAGER: The City Manager congratulated the newly appointed City Commissioners. He announced the 2015 4th of July event. He indicated that Cypress College would be hosting Measure J Bond Program community forums on June 25 and July 29, 2015, from 6:00 p.m. to 8:00 p.m. He informed that the electrical issue at the intersection of Ball Road and Bloomfield Street has been resolved. 14 CITY COUNCIL MINUTES JUNE 22, 2015 ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:49 p.m. to Monday, July 13, 2015, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: f 0 t ' CITY CLERK OF THE CITY OF CYPRESS 15 MAYOR HE CITY OF CYPRESS 495