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HomeMy WebLinkAbout2016-08-22217 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 22, 2016 A regular meeting of the Cypress City Council was called to order at 6:01 p.m. by Mayor Yarc in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor Marielien Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Assistant Director of Finance and Administrative Services Donna Mullally 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 Legal Counsel — Existing Litigation, pursuant to Government Code Section 54956.9(d)(1), Charlotte Parker v. City of Cypress, Case No. 30 -2015- 00810068-CU-PT-CJC, Orange County Superior Court. 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: Cypress Police Officers' Association. 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 Manager. 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 7:03 p.m. by Mayor Yarc. Members present: Mayor Marielien Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson 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 CITY COUNCIL MINUTES City Engineer Kamran Dadbeh City Planner Doug Hawkins Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Public Works Superintendent Kirk Streets Senior Management Analyst Alisha Farnell City Clerk Denise Basham AUGUST 22, 2016 218 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Berry. INVOCATION: The invocation was given by Pastor Don Oldenburg, Holy Cross 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 Legal Counsel — Existing Litigation, pursuant to Government Code Section 54956.9(d)(1), Charlotte Parker v. City of Cypress, Case No. 30 -2015- 00810068-CU-PT-CJC, Orange County Superior Court. He stated that no reportable action was taken. 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: Cypress Police Officers' Association. 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 Manager. He stated that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Mayor Yarc presented recognition plaques to the Cypress Community Festival Committee. Todd Seymore, Cypress Community Festival Chair, introduced the Cypress Community Festival Members and Primary Participants. The Director of Recreation and Community Services introduced Recreation Coordinators Shayna Gutierrez and Belin Hernandez. ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Yarc asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Jennifer Vaughn, Southern California Gas Company, spoke regarding energy conservation. Gincy Heins, Cypress, spoke regarding Alzheimer's Walks in Orange County. Nicholas Dibs, Garden Grove Unified School District candidate, spoke regarding his candidacy and Agenda Item No. 14. 2 CITY COUNCIL MINUTES AUGUST 22, 2016 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPROVE A ZONING ORDINANCE AMENDMENT REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES. The City Planner provided background information on this item. The public hearing was opened. Mayor Yarc asked if there was anyone who wished to speak on this item. The following spoke in favor of the item: George Pardon, Cypress John Roper, Cypress Carol Doss, Cypress Mike Papa, Cypress Clyde Schechter, Cypress The public hearing was closed. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council introduce for first reading an Ordinance by title only, approving Zoning Ordinance Amendment No. 3072. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 2.060.030, TABLE 2 -6, OF THE CYPRESS ZONING ORDINANCE CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Council Member Johnson requested Agenda Item No. 6 be pulled from the Consent Calendar. Mayor Pro Tem Morales stated that Agenda Item No. 13, the Warrant Register, includes warrant no. 39028 for $500.57 and warrant no. 39415 for $441.53 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 warrants no. 39028 or 39415 for the reason disclosed. Mayor Yarc requested Agenda Item No. 4 be pulled from the Consent Calendar. It was moved by Council Member Johnson and seconded by Council Member Berry, to approve Consent Calendar Items No. 2, 3, 5, and 7 through 13. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 3 219 CITY COUNCIL MINUTES AUGUST 22, 2016 220 Item No. 2: APPROVE MINUTES. Recommendation: That the City Council approve the Minutes of the Meeting of July 11, 2016 and August 9, 2016, as submitted. Item No. 3: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: CONSIDERATION OF A SETTLEMENT AGREEMENT WITH CHARLOTTE PARKER. Recommendation: That the City Council approve the Settlement Agreement with Charlotte Parker related to Orange County Superior Court, Case No. 30 -2015- 00810068 and authorize the City Manager to execute the same. Item No. 7: STREET SWEEPING SERVICES UPDATE. Recommendation: That the City Council receive and file the report. Item No. 8: AWARD AGREEMENTS FOR ENGINEERING PLAN CHECK AND WATER QUALITY MANAGEMENT PLAN REVIEW SERVICES. Recommendation: That the City Council award agreements for On -Call Engineering Plan Check and Water Quality Management Plan Review Services to Engineering Resources of Southern California, Inc. and Charles Abbott Associates, Inc. Item No. 9: APPROVE A BUDGET AMENDMENT AND AWARD A CONTRACT FOR POLICE VEHICLE EQUIPMENT INSTALLATION SERVICES. Recommendation: That the City Council approve: 1) A contract for Police Vehicle Equipment Installation Services to Public Safety Technologies, Inc. for $85,962, and authorize the City Manager to execute the contract; and 2) A budget amendment from the Narcotics Asset Seizure Fund of $15,687. Item No. 10: APPROVAL OF MOU WITH CITY OF WESTMINSTER FOR SWAT TEAM USE OF THE WESTMINSTER POLICE RANGE AND SAFETY TRAINING CENTER. Recommendation: That the City Council authorize the City Manager to sign the Memorandum of Understanding for Joint Police Services authorizing use of the Westminster Police Range and Safety Training Center. Item No. 11: DECLARE SURPLUS EQUIPMENT AND APPROVE THE DISPOSITION TO THE CYPRESS SCHOOL DISTRICT. Recommendation: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, declare the identified equipment to be surplus and approve its disposition to the Cypress School District. Item No. 12: RECEIVE AND FILE THE INVESTMENT REPORTS FOR THE MONTHS OF JUNE AND JULY 2016. Recommendation: That the City Council receive and file the Investment Reports for the months of June and July 2016. Item No. 13: APPROVE WARRANTS, ELECTRONIC FUNDS TRANSFERS AND WIRES FOR THE PERIOD JUNE 27, 2016 THROUGH AUGUST 5, 2016. Recommendation: That the City Council approve the warrant register and wire transfers. 4 CITY COUNCIL MINUTES AUGUST 22, 2016 Regarding Item No. 4: PROCLAIM SEPTEMBER 10, 2016 AS "CALIFORNIA CHROME DAY, Mayor Yarc read the proclamation proclaiming September 10, 2016 as "California Chrome Day" and spoke of the recognition event at the Los Alamitos Race Course on September 10, 2016. It was moved by Council Member Johnson and seconded by Council Member Peat that the City Council proclaim September 10, 2016 as "California Chrome Day." The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Regarding Item No. 6: APPROVAL OF A SALES TAX CONSULTING AGREEMENT WITH ROBERT CENDEJAS AND ASSOCIATES, INC., Council Member Johnson asked if the City would have the final decision - making authority. The City Manager responded in the affirmative. Council Member Johnson asked about the consulting agreement fee. The City Manager indicated that the consulting agreement fee would be 20 percent of any net revenue that the City would receive. Council Member Johnson asked if City staff could do these services. The City Manager responded no. Council Member Johnson commented about the firm's experience with other cities. The City Manager stated that the firm is an accomplished tax attorney and an advocate for various Fortune 500 firms. Council Member Johnson asked about the firm's exclusivity. The City Manager indicated that there is no exclusivity in representing the City. Council Member Berry asked if there would be a down -side to this agreement. The City Manager indicated that it is a success fee -based agreement, and that negotiations and City Council vetting would be involved. He stated that it is a high - reward, low -risk agreement with potentially vital results. It was moved by Council Member Johnson and seconded by Council Member Berry, that the City Council approve a Sales Tax Consulting Agreement with Robert Cendejas and Associates, Inc. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR NEW BUSINESS: Item No. 14: CONSIDERATION OF REVISIONS TO CITY COUNCIL AGENDA, STAFF REPORT TEMPLATE, PUBLIC SPEAKER CARD AND PUBLIC HEARING FORMATS. 5 221 CITY COUNCIL MINUTES AUGUST 22, 2016 The City Clerk provided background information on this item. She stated that the time limit for the last Oral Communications on the Agenda is a typographical error and that there is not a time limit. Mayor Yarc asked if Oral Communications is only limited at the beginning of City Council meetings. The City Clerk responded in the affirmative. Mayor Yarc asked if the City Council would have the ability to extend the time limit. The City Clerk responded in the affirmative. Council Member Berry asked about the anticipated timeframe for implementation of the video streaming and paperless agenda system. The City Clerk responded that staff anticipates implementation of video streaming by the next regular City Council meeting, and that the paperless agenda system should be implemented by the end of September 2016. It was moved by Council Member Johnson and seconded by Council Member Peat, that the City Council: 1) Approve the revisions to the City Council agenda, staff report and speaker card; and 2) Adopt the Resolution by title only, establishing the order of business of City Council meetings and setting the time for public comment for public hearings, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING RESOLUTION NO. 5312 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS Item No. 15: CYPRESS STRATEGIC PLAN SIX -MONTH STRATEGIC OBJECTIVES UPDATE. The City Manager provided background information on this item. Council Member Johnson asked about the Parks and Recreation Facilities Condition Assessment Study. The Director of Recreation and Community Services stated that the community workshop and telephone survey have been completed, and an initial draft of the report is expected to be reviewed by staff at the end of this week. She indicated that a presentation to the City Council would be made this fall. It was moved by Mayor Pro Tem Morales and seconded by Council Member Peat, that the City Council receive and file the Six -Month Strategic Objectives update. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc 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. 6 222 CITY COUNCIL MINUTES AUGUST 22, 2016 SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Agency Member Berry and seconded by Agency Member Johnson, to approve Consent Calendar Item No. 16. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Item No. 16: ADOPT ADMINISTRATIVE BUDGET FOR THE CYPRESS SUCCESSOR AGENCY FOR THE SIX -MONTH PERIOD OF JANUARY 1, 2017 THROUGH JUNE 30, 2017. Recommendation: That the Successor Agency adopt the administrative budget for the Successor Agency for the six -month period of January 1, 2017 through June 30, 2017. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Nicholas Dibs, spoke regarding the City. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Yarc requested reports from the Council Members on their respective committee assignments. Council Member Johnson: Attended the Cypress Police Substation Grand Opening. Attended a CRA Rally in Stanton. Attended the Cypress Community Festival Mixer at Cypress College. Participated in the Cypress Community Festival 10K Run. Attended the Cypress Community Festival. Attended an O.C. Fire Authority Board meeting. Spoke of O.C. Fire Authority statistics. Attended the Cypress Relay for Life. Attended the Concert on the Green. Attended National Night Out. Attended a Boys and Girls Club of Cypress fundraising event. Attended an O.C. Waste Commission meeting. Spoke regarding the Kiwanis Club of Cypress "Read to Succeed" initiative. Congratulated Cypress residents Tom and Betty Cotton on their 50th Wedding Anniversary. Council Member Peat: Attended National Night Out. Attended several Concerts on the Green. Hosted the Boys and Girls Club of Cypress fundraising event. Attended a Special City Council meeting on August 9, 2016. Attended the retirement for Steve Ditmars at West -Comm and West -Comm Board meeting. Attended a recognition reception for the Cypress Police Department and volunteers. Mayor Pro Tem Morales: Attended the Cypress Community Festival Mixer at Cypress College. Attended the Cypress Community Festival. Attended three Concerts on the Green. Attended a Boys and Girls Club of Cypress fundraising event. Participated in the scholarship event for St. John Bosco High School. Attended a recognition reception for the Cypress Police Department and volunteers. 7 223 CITY COUNCIL MINUTES AUGUST 22, 2016 224 Council Member Berry: Attended a Woman's Conference planning meeting. Attended an O.C. Vector Control Nuisance Abatement and Board meeting. Attended the Cypress Community Festival Mixer at Cypress College. Volunteered at the Cypress Community Festival Run packet distribution. Attended the Cypress Community Festival. Attended an O.C. Sanitation District Board meeting. Attended Cypress Day at the O.C. Fair. Attended a Santa Ana River Flood Protection Agency Executive Committee meeting. Attended the groundbreaking ceremony for the new animal shelter in Tustin. Attended the Opening Ceremony for the Cypress Relay for Life. Attended several Concerts on the Green. Attended the Neighbor for Neighbor event on Edgemont Circle. Participated in a Bingo with Vets event at the Veterans Affairs Hospital in Long Beach. Attended National Night Out. Attended a Boys and Girls Club of Cypress meeting. Attended the Cypress Senior Citizens Center luau. Attended a ribbon cutting at Vessels Elementary for the new STEAM building. Attended a Cypress Children's Advocacy Council meeting. Attended a Lexington Junior High School coffee chat. Attended an O.C. Vector Control meeting. Attended a recognition reception for the Cypress Police Department and volunteers. Mayor Yarc: Hosted the Neighbor for Neighbor event on Edgemont Circle. Spoke in support of Agenda Item No. 11. ITEMS FROM CITY MANAGER: The City Manager stated that the Cypress Farmers Market will be closed until the spring. He stated that the Finance Department received the financial reporting award from Government Finance Officers Association (GFOA) for the Comprehensive Annual Financial Report (CAFR). ADJOURNMENT: Mayor Yarc adjourned the meeting at 8:24 p.m. in memory of Cypress resident Pam McKeon, to Monday, September 12, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: e) CITY CLERK OF THE CITY OF CYPRESS 8 MA OR OF THE CI OF CYPRESS