2015-11-23079
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 23, 2015
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Johnson in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Rob Johnson
Mayor Pro Tem Marie lien Yarc
Council Member Stacy Berry
Council Member Paulo Morales
Council Member Jon Peat
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Jeff Melching (Successor Agency Counsel)
Director of Finance and Administrative Services Matt Burton
Director of Community Development Doug Dancs
Assistant Director of Finance and Administrative Services Donna Mullally
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
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), City of Cypress et al. v. State of California et al.,
Sacramento County Superior Court Case Number 34- 2013 - 80001585.
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), Rand v. City of Cypress, WCAB No. ADJ9219051 and
ADJ9219004, Claim No. 13 -11 -5780.
At 6:01 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:03 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
Chief of Police Rodney Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
Assistant Director of Finance and Administrative Services Donna Mullally
City Engineer Kamran Dadbeh
City Planner Doug Hawkins
CITY COUNCIL MINUTES NOVEMBER 23, 2015 080
Information Systems Manager Don Casados
Senior Civil Engineer Nick Mangkalakiri
Management Analyst Anna Sanchez
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 Father Patrick Moses, St. Irenaeus
Catholic 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 — Existing Litigation, pursuant to Government Code
Section 54956.9(d)(1), City of Cypress et al. v. State of California et al., Sacramento
County Superior Court Case Number 34- 2013 - 80001585. 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), Rand v. City of Cypress, WCAB No. ADJ9219051 and
ADJ9219004, Claim No. 13 -11 -5780. He stated that the City Council unanimously
voted to approve a settlement as authorized by the Worker's Compensation Appeals
Board in the amount of $75,000.
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.
None.
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 Peat and seconded by Council Member Berry, to
approve Consent Calendar Items No. 1 through 13.
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
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CITY COUNCIL MINUTES NOVEMBER 23, 2015 081
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 9, 2015.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 9, 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: AWARD TASK ORDERS FOR THE EVALUATION OF THE HEATING,
VENTILATION, AND AIR CONDITIONING SYSTEMS AT CITY HALL AND SENIOR
CENTER, PROJECTS 156 AND 170.
Recommendation: That the City Council: 1) Award a Task Order in the amount of
$19,975 for the evaluation of the Heating, Ventilation, and Air Conditioning System at
City Hall to Johnson Controls, Inc., and authorize a contingency of $2,996; and 2)
Award a Task Order in the amount of $17,500 for the evaluation of the Heating,
Ventilation, and Air Conditioning System at the Senior Center to Johnson Controls, Inc.,
and authorize a contingency of $2,625.
Item No. 4: AWARD TASK ORDER FOR THE DESIGN OF A HEATING,
VENTILATION, AND AIR CONDITIONING SYSTEM REPLACEMENT FOR THE
COUNCIL CHAMBERS, PROJECT 138.
Recommendation: That the City Council award a Task Order in the amount of $40,500
for the design of Heating, Ventilation, and Air Conditioning (HVAC) System
Replacement of the Council Chambers to Henrikson Owen and Associates, and
authorize a contingency of $6,075.
Item No. 5: ACCEPT SENIOR CENTER AMERICANS WITH DISABILITIES ACT
EXTERIOR IMPROVEMENTS, PROJECT 113.
Recommendation: That the City Council accept the Senior Center Americans with
Disabilities Act exterior improvements in the final amount of $182,118.90, and approve
the final retention payment of $9,105.95 to Martinez Construction.
Item No. 6: APPROVE PLANS AND SPECIFICATIONS FOR INSTALLATION OF
RECTANGULAR RAPID FLASHING BEACON WARNING SYSTEMS AT ORANGE
AVENUE AND PEACH STREET AND AT WALKER STREET AND ASPEN STREET,
PROJECT 172.
Recommendation: That the City Council approve the plans and specifications for
Installation of Rectangular Rapid Flashing Beacon Warning Systems, Project 172.
Item No. 7: APPROVE PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL
LEFT TURN MODIFICATIONS ON BALL ROAD AT DENNI STREET AND MOODY
STREET AT BALL ROAD, PROJECT 146.
Recommendation: That the City Council approve the plans and specifications for
Traffic Signal Left Turn Modifications on Ball Road at Denni Street and Moody Street at
Ball Road, Project 146.
Item No. 8: AWARD CONTRACTS FOR THE TREE PLANTING PROGRAM,
PROJECT 152.
Recommendation: That the City Council: 1) Award a construction contract for the Tree
Planting Program, Project 152, to B &J Tree Service, in the amount of $87,680, and
authorize a contingency of $13,152; and 2) Award a Task Order for Construction
Inspection Services to Vali Cooper and Associates, Inc., in the amount of $12,822, and
authorize a contingency of $1,900.
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CITY COUNCIL MINUTES NOVEMBER 23, 2015 082
Item No. 9: AWARD CONTRACTS FOR THE ANNUAL CONCRETE
REHABILITATION, PROJECT 153.
Recommendation: That the City Council: 1) Award a construction contract for the
Annual Concrete Rehabilitation, Project 153, to FS Construction, Inc., in the amount of
$450,100, and authorize a contingency of $67,515; and 2) Award a Task Order for
Construction Inspection Services to Vali Cooper and Associates, Inc., in the amount of
$50,950, and authorize a contingency of $7,643.
Item No. 10: APPROVE AN AMENDMENT TO AN EXISTING SIGN PROGRAM FOR
6251 KATELLA AVENUE — DESIGN REVIEW COMMITTEE PERMIT NO. 3048.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 3048, subject to the conditions in Exhibit "A" of
the Resolution.
RESOLUTION NO. 6541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3048
— WITH CONDITIONS
Item No. 11: APPROVE A CONTRACT WITH CMS SOLUTIONS FOR A NEW
TELEPHONE AND VOICEMAIL SYSTEM.
Recommendation: That the City Council approve a contract with CMS Solutions for the
purchase and installation of a new telephone and voicemail system for an amount not to
exceed $78,056.
Item No. 12: RECEIVE AND FILE INVESTMENT REPORT FOR THE MONTH OF
OCTOBER 2015.
Recommendation: That the City Council receive and file the Investment Report for the
month of October 2015.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 36395 THROUGH
36528.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2015 -16.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 14: CONCEPTUAL DESIGN FOR THE PARK AT THE FORMER MACKAY
SCHOOL SITE.
The Director of Community Development provided background information on this item.
Council Member Peat asked if eight parking stalls would be sufficient.
The Director of Community Development spoke of the balance between costs and open
park space.
Council Member Peat spoke in support of a restroom, picnic pavilion, and grassy play
area.
Mayor Pro Tem Yarc commented that she feels the park amenities are too spread out,
that the walking trail is a positive feature, and asked about security concerns with the
restroom.
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CITY COUNCIL MINUTES NOVEMBER 23, 2015
Council Member Morales expressed concern with too few number of parking stalls and
asked if there would be public parking on the north side of the park.
The Director of Community Development stated that parking on the north side of the
park would be used by surrounding residents.
Council Member Morales spoke in support of a restroom.
The Director of Community Development stated that the restroom would be constructed
as a single -lot restroom that would be a lesser security risk.
Council Member Berry expressed concerns with too few parking stalls and asked how
that number compares to other City neighborhood parks.
The Director of Community Development responded that not all City parks have a
parking lot and that there needs to be a balance based on the park acreage.
Council Member Berry asked if benches would be placed along the walking trail.
The Director of Community Development replied that this is a conceptual design and
benches would be considered.
Council Member Berry asked if the restroom would be open all day, every day.
The Director of Community Development replied that the restroom would be locked up
daily and assured that there would be adequate lighting.
Council Member Berry asked if surrounding residents attended the community
meetings.
The Director of Community Development responded in the affirmative.
Mayor Johnson asked if the retention basin was supposed to be on the north side of the
park.
The Director of Community Development responded no, and clarified that there are two
retention basins that would require a Water Quality Management Plan as there would
also be a retention basin as part of the Lyon Homes development.
Mayor Johnson asked about the restroom location.
Pat Hirsch, Hirsch and Associates, Inc., stated that the proposed restroom location has
a safety visibility from Walker Street.
Mayor Johnson spoke in support of the walking trail and walking dogs on a leash at the
park, and asked about the exercise equipment.
The Director of Community Development stated that there would be active equipment in
the open space park area and passive exercise equipment around the walking trail.
Mayor Johnson spoke in support of a picnic pavilion at the park.
Council Member Berry asked about residential access to the park.
The Director of Community Development replied that there may be cut -ins similar to
pathways.
Mayor Johnson asked about upcoming community meetings.
The Director of Recreation and Community Services informed that the upcoming
community meetings would be held on Wednesday, December 2, 2015 at 6:00 p.m.
and on Tuesday, December 17, 2015 at 7:00 p.m., at the Cypress Community Center.
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CITY COUNCIL MINUTES NOVEMBER 23, 2015 084
It was moved by Council Member Morales and seconded by Council Member Peat, that
the City Council provide direction regarding the conceptual design for the park at the
former Mackay School site.
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. 15: AWARD OF CONTRACT TO BANK OF THE WEST FOR BANKING
SERVICES.
The Assistant Director of Finance and Administrative Services provided background
information on this item.
Council Member Berry asked about the net annual cost and if the services would be
comparable to the City's current services.
The Assistant Director of Finance and Administrative Services responded that the
services are comparable and that the pricing includes a fee for actual services and the
earnings credit rate.
Council Member Berry asked about the net annual cost with Bank of America.
The Assistant Director of Finance and Administrative Services replied that the net
annual cost with Bank of America had been zero.
Council Member Morales asked if the contract services would remain the same as with
Bank of America.
The Assistant Director of Finance and Administrative Services replied that the contract
services with Bank of the West would remain the same with the anticipated
implementation of new services such as remote deposit.
Council Member Morales asked if the Citizens Business Bank annual service fee was
$7,700.
The Assistant Director of Finance and Administrative Services responded in the
affirmative.
Mayor Johnson asked if the City has an annual contract with Bank of America.
The Assistant Director of Finance and Administrative Services responded no.
Council Member Peat asked if the contract would include online services.
The Assistant Director of Finance and Administrative Services replied that a separate
processor would be used and the deposits would be made to Bank of the West.
It was moved by Council Member Morales and seconded by Council Member Berry,
that the City Council: 1) Award a contract for banking services to Bank of the West; and
2) Authorize the City Manager or his designee to execute all bank documents and
agreements consistent with and necessary to implement the contract.
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
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CITY COUNCIL MINUTES NOVEMBER 23, 2015
Item No. 16: APPROVE AN AGREEMENT WITH VISION INTERNET PROVIDERS
FOR WEBSITE REDESIGN AND CONTENT MANAGEMENT SYSTEM.
The Senior Management Analyst provided background information on this item.
Mayor Pro Tem Yarc asked if there would be downtime during the conversion.
The Senior Management Analyst responded no.
Mayor Pro Tem Yarc asked if the City has an obligation to the current provider.
The Senior Management Analyst responded no, and stated that the current website is
maintained by City staff.
Council Member Peat asked about cyber security.
The Senior Management Analyst responded that Vision Internet Providers has duel site
hosting and that a 15 minute response time would be provided, and stated that security
is built into the third party agreement.
Council Member Peat asked what security features would be built into the system.
Mayor Johnson spoke of the need for the website upgrade and asked about staff
training.
The Senior Management Analyst replied that Vision Internet Providers would create the
City's website and that the City would have a content management system with a
subscription for the services to include new features and tools.
Mayor Johnson asked about monthly billing for the upgrade.
The Senior Management Analyst indicated that the billing would be done annually for a
five -year period.
Council Member Morales asked about originality of the website design.
The Senior Management Analyst stated that City staff would provide feedback on
custom formatting.
Council Member Berry asked if a set template would be used.
The Senior Management Analyst responded that there would be a series of templates
available with moveable and interchangeable objects within the templates.
Council Member Berry asked if the system would be compatible with mobile devices.
The Senior Management Analyst responded in the affirmative, and clarified that the
website features would be condensed and organized differently when viewed from a
mobile device.
Council Member Berry asked if the basic redesign is available at no charge.
The Senior Management Analyst responded in the affirmative, and clarified that
everything is interchangeable and that staff would provide feedback before the final
phase.
Mayor Johnson complimented the Senior Management Analyst on her work with this
item.
It was moved by Council Member Peat and seconded by Council Member Morales, that
the City Council: 1) Approve an agreement with Vision Internet Providers for the City
Website Redesign and Content Management System (CMS) project for an amount not to
exceed $57,746; and 2) Approve an appropriation in the amount of $19,730 from the
Technology Investment Fund.
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CITY COUNCIL MINUTES NOVEMBER 23, 2015 086
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.
Rachel Miranda, Cypress, spoke regarding Agenda Item No. 14.
Mike Papa, Cypress, spoke regarding development in the City.
Linda Zimmerman, Cypress, spoke regarding Agenda Item No. 14.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Johnson requested reports from the Council Members on their respective
committee assignments.
Council Member Berry:
Attended a Soroptimist business meeting. Attended a Boys and Girls Club of Cypress
Board meeting. Attended the Woman's Club of Cypress' Veterans Appreciation picnic.
Attended a Cypress Children's Advocacy Council meeting. Attended a Woman's Club
Board meeting. Attended the City of Seal Beach State of the City luncheon. Attended
a Cypress College Americana Awards Kickoff event. Attended the City of Buena Park
Mayor's Prayer breakfast. Attended three O.C. Vector Control meetings. Attended
veteran hospital visits with the Woman's Club of Cypress. Attended the Cypress
Holiday Bazaar. Attended the St. Isidore Historical Plaza fundraiser. Attended the
Lee's Sandwiches Ribbon Cutting ceremony. Attended the Holiday Tree Lighting
Ceremony. Wished everyone a happy Thanksgiving.
Council Member Morales:
Attended the Army personnel retirement at the Joint Forces Training Base. Met with a
Cypress resident regarding City developments.
Mayor Pro Tem Yarc:
Attended the Cypress Chamber of Commerce Board meeting. Attended an O.C.
Woman's Club Council meeting. Attended the Woman's Club of Cypress' Veterans
Appreciation picnic. Hosted a community meeting at the Cypress Community Center.
Attended a Woman's Club of Cypress Planning Committee meeting. Attended the City
of Seal Beach State of the City luncheon. Attended an O.C. Sanitation District Board
meeting. Attended the Cypress Police Department Memorial Services for Sergeant
Sowma. Attended the Holiday Tree Lighting Ceremony. Wished everyone a happy
Thanksgiving.
Council Member Peat:
Attended the Woman's Club of Cypress' Veterans Appreciation picnic. Attended a
West -Comm Board meeting. Attended the Holiday Tree Lighting Ceremony. Wished
everyone a happy Thanksgiving.
Mayor Johnson:
Attended a visit to Mary Kay. Attended the Cypress Chamber of Commerce Board of
Directors meeting. Attended the Woman's Club of Cypress' Veterans Appreciation
picnic. Met with the Cypress Library President. Attended the 7- Eleven Grand Opening.
Attended the City of Seal Beach State of the City luncheon. Attended an O.C. Civic
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CITY COUNCIL MINUTES NOVEMBER 23, 2015
Center Changing of the Flags. Attended a Cypress College Americana Awards
meeting. Attended the City of Buena Park Mayor's Prayer breakfast. Attended an
Oxford Academy Financial Literacy event. Attended the Cypress Police Department
Memorial Services for Sergeant Sowma. Attended an O.C. Fire Authority Board
meeting. Wished everyone a happy Thanksgiving.
Dave Steffan, O.C. Fire Authority Division Chief, spoke regarding the Hoag Hospital
grant for the purchase of the smart phone application "Pulse Point."
ITEMS FROM CITY MANAGER:
The City Manager announced the Cypress Chamber of Commerce Holiday
Extravaganza to be held on Thursday, December 3, 2015 at the Old Ranch Country
Club. Indicated that the Farmer's Market would return on Sunday, December 6, 2015
at the Cypress Community Center. Informed that City offices would be closed on
Thursday, November 26 and Friday, November 27, 2015 in observance of the
Thanksgiving holiday.
ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:22 p.m. to Monday,
December 14, 2015, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
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MA OR OF THE C !ll OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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