HomeMy WebLinkAbout2017-09-25446
REGULAR MEETING
CYPRESS CITY COUNCIL
September 25, 2017
5:30 P.M.
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Morales in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
ROLL CALL
Cypress City Council, also acting as the Ex- Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Paulo Morales
Mayor Pro Tem Jon Peat
Council Member Stacy Berry
Council Member Rob Johnson
Council Member Mariellen Yarc
STAFF PRESENT
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Chief of Police Rod Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
Police Commander Steve Ramsey
Police Commander Chris Revere
City Engineer Kamran Dadbeh
Public Works Superintendent Kirk Streets
Senior Civil Engineer Nick Mangkalakiri
City Clerk Denise Basham
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
None.
CLOSED SESSION
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Numbers 241 - 091 -22 through 26,
Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and
Winners Circle, Parties Negotiating With: Shea Properties, Negotiating Party: City
Manager, Under Negotiation: Price and Terms of Payment.
At 5:31 p.m., the Mayor recessed the meeting.
The meeting reconvened at 6:01 p.m.
WORKSHOP SESSION
The Chief of Police spoke regarding the Police Department Seismic Retrofit,
Emergency Operations Center and Modernization project. He provided an overview of
the existing conditions of the Police Department and indicated that it has not had a
significant improvement in more than 20 years. He reviewed projects from 1998
through 2016 with a total cost of $521,533. He stated that the project, as approved in
the Capital Improvement Project (CIP) budget process, would consist of a full
modernization that would include public space improvements and a safer, more
customer - oriented space with improved workflow efficiency.
CITY COUNCIL MINUTES SEPTEMBER 25, 2017
The Chief of Police indicated that the existing Emergency Operations Center at the City
Public Works Maintenance Yard would relocate to the Police Department to a hardened
facility that would also serve as a flexible workspace.
The Chief of Police stated that work space improvements would enhance productivity
and morale, improve ergonomics, respond to changes in law, and improve vital
evidence handling and processing capabilities. He indicated that the property room and
evidence storage would be moved downstairs.
Council Member Yarc asked if there would be a loss of space.
The Chief of Police responded that the modernization does not increase square footage
and adjustments to office space would be made to in order to accommodate larger
areas.
The City Manager commented on the inefficiency of the current layout of the
department.
The Chief of Police stated that the upgrades would positively impact his ability to recruit
quality officers.
Mayor Pro Tem Peat commented that the Police Department has received upgraded
vehicles and communications, and asked if the modernization project is the final update
to the department.
The Chief of Police responded in the affirmative, and commented that there would be a
future heating, ventilation, and air conditioning (HVAC) project.
The City Manager stated that an upgrade to the Police Department workout facility was
not feasible without a facility expansion.
The Chief of Police stated that the seismic retrofit alternative would not include
aesthetic or interior upgrades. He reviewed the interior refurbishment alternative which
would include flooring, paint, restrooms, as well as a refreshed lobby and locker rooms.
Council Member Yarc asked about the disruption to staff during the project.
The Chief of Police responded that consideration has been given to completely relocate
or have the project done in phases.
Council Member Yarc asked about relocation areas.
The City Manager responded that trailers in the Civic Center parking lot could serve as
a temporary relocation site.
The Director of Community Development spoke of the Community Center remodel and
the relocation of Recreation staff to trailers in the Community Center parking lot.
Mayor Pro Tem Peat asked why some of the full modernization projects are not fully
achievable.
The City Manager responded that the building is not large enough, and spoke regarding
possible expansion options that were determined to not be feasible.
The Chief of Police reviewed the project outcomes.
Mayor Pro Tem Peat asked about the approved CIP amount.
The City Manager commented that the modernization project would allow the Police
Department to not require a major investment for at least 20 years.
The Chief of Police indicated that 60 percent of the $2,650,000 budgeted amount
comes from asset forfeiture monies.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017
Council Member Yarc asked if the asset forfeiture monies were reflected in the budget.
The City Manager responded in the affirmative, and stated that the monies would not
be appropriated until the next fiscal year.
Mayor Morales asked if the entire asset forfeiture monies would be used.
The Director of Finance and Administrative Services responded in the affirmative.
The Chief of Police commented that there would be additional asset forfeiture monies.
Mayor Pro Tem Peat asked about the project timeframe and if future asset forfeiture
monies could be used later in the project.
The City Manager responded in the affirmative, and indicated that any restricted monies
would be used instead of City General Fund monies.
Council Member Johnson asked how long it took to accumulate $2.6 million in asset
forfeiture monies.
The Director of Finance and Administrative Services responded that the fund
accumulation has taken approximately six to eight years, however it is being spent on a
regular basis.
The City Manager stated that asset forfeiture monies were used for various Police
Department vehicle, equipment, and training expenses. He stated that the monies are
being earned more quickly than they can be spent due to the spending restrictions.
The Chief of Police reviewed the timeline for the modernization project which would
include finalizing the Request for Proposals (RFP) process, architect selection, and
award of contract by the City Council by the winter of 2017.
Mayor Pro Tem Peat asked about the lengthiness of the process.
The Director of Community Development indicated that the timeline is a conservative
estimate and that the architect selection process would take approximately six to nine
months.
The City Manager stated that the City Council would appropriate the construction
budget as part of the Fiscal Year 2018 -19 CIP, and asked about the construction
timeline.
The Director of Community Development responded that the construction process will
take approximately nine to 12 months based upon the project design.
Mayor Morales asked if the cost for trailers in the Civic Center parking lot as a
temporary relocation site is in addition to the project cost.
The City Manager stated that trailer costs are included in the project cost.
Council Member Yarc asked if the $725,000 project cost is included in this year's
budget.
The City Manager responded in the affirmative, and indicated that the second year of
the seven -year CIP reflects the $4.7 million.
Council Member Yarc asked if alterations could be made should the structure of the
City Council change next year.
The City Manager responded in the affirmative, and clarified that City Council could
decide to delay and /or alter the project.
Mayor Morales asked about the layout of the clerical staff furniture.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017 449
The Chief of Police indicated that furniture could be reconfigured.
The City Manager stated that modular walls and ergonomic equipment would be part of
the project.
Council Member Johnson spoke regarding security concerns with the current structure.
At 6:36 p.m., the Mayor recessed the meeting.
RECONVENE
The 7:00 p.m. session of the City Council meeting was called to order at 7:01 p.m. by
Mayor Morales.
ROLL CALL
Cypress City Council, also acting as the Ex- Officio Governing Board of Directors of the
Cypress Recreation and Park District and Successor Agency Board
Mayor Paulo Morales
Mayor Pro Tem Jon Peat
Council Member Stacy Berry
Council Member Rob Johnson
Council Member Mariellen Yarc
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 Engineer Kamran Dadbeh
City Planner Doug Hawkins
Building Official Bob Decker
Public Works Superintendent Kirk Streets
Assistant Planner Judy Aquino
Senior Management Analyst Alisha Farnell
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member
Johnson.
INVOCATION The invocation was given by Bill Wynder, Church of Jesus Christ of
Latter -Day Saints.
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 Real Property Negotiators, pursuant to Government Code Section
54956.8, Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive,
13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle,
Parties Negotiating With: Shea Properties, Negotiating Party: City Manager, Under
Negotiation: Price and Terms of Payment. He stated that the matter was discussed
and direction was provided by the City Council.
The City Attorney stated that the City Council met in a Workshop Session regarding the
Police Department Seismic Retrofit, Emergency Operations Center and Modernization
Project. He stated that the Chief of Police made a presentation regarding workplace
improvements.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017 450
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS
The Chief of Police introduced Police Officer Sergio Godoy.
Ralph Brown, POST Bureau Chief, presented a POST Executive Certificate to the Chief
of Police.
Ken Vecchiarelli, Golden State Water Company, made a presentation regarding the
2017 General Rate Case Filing.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Mayor Morales asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
David Frias, Boys and Girls Club of Cypress, spoke regarding Agenda Item No. 15.
Sue Osbon, Boys and Girls Club of Cypress, spoke regarding Agenda Item No. 15.
Samantha Johnson, Boys and Girls Club of Cypress, spoke regarding Agenda Item No.
15.
Anne Hertz, Boys and Girls Club of Cypress, spoke regarding Agenda Item No. 15.
PUBLIC HEARINGS
Public comments — five minutes per speaker, unless extended by the City Council.
Council Members should disclose communications with anyone relevant to a Public
Hearing
Item No. 1: Approve a Request to Convert Four Apartments to Condominiums at
8751 -8757 Moody Street - Conditional Use Permit No. 3104 and Tentative Parcel
Map No. 2017 -132
The Assistant Planner provided background information on this item.
Council Member Berry asked about modifications to the dwellings.
The Assistant Planner indicated that this item would be for the approval of the
condominium plan and that the applicant indicated that there would be minor
improvements to the buildings.
Council Member Berry asked if the layout and exterior of the units would remain the
same.
The Assistant Planner responded in the affirmative.
Council Member Johnson asked about parking near the location.
The Assistant Planner stated no parking complaints were received from adjacent
properties.
Council Member Johnson asked about the placement of trash bins.
The Assistant Planner responded that trash bins would be placed on the curb.
Council Member Johnson asked if public parking would impact the placement of trash
bins.
The Assistant Planner responded no.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017 451
Council Member Johnson asked about emergency vehicle access.
The Assistant Planner stated that the driveway would likely provide sufficient
emergency vehicle access.
The Director of Community Services stated that the Tract Map standards meet
emergency vehicle access.
Council Member Yarc asked about conversion from an apartment to a condominium.
The Director of Community Development stated that the development was originally
built as a condominium and conversions would not be necessary.
Council Member Yarc asked if egress and ingress access would remain.
The Director of Community Development responded in the affirmative.
Council Member Yarc asked about mechanical concerns expressed by a tenant and if
there would be a City inspection.
The Director of Community Development responded that interior concerns would be
addressed between the tenant and landlord unless they are a public safety issue. He
stated that this project does not require new building permits.
Mayor Pro Tem Peat asked if there would be a homeowners' association.
The Assistant Planner responded in the affirmative, and clarified that a homeowners'
association is a requirement of the Conditions, Covenants, and Restrictions (CC &R's).
Mayor Morales clarified that this action is an administrative process to reclassify the
apartments back to their original condominium classification.
The Director of Community Development responded in the affirmative, and indicated
that the condominiums would be available for sale.
The applicant, Tom Gausepohl, stated that he agrees with the conditions of approval.
Council Member Yarc asked about the letter received and asked if improvements would
be made prior to selling.
Mr. Gausepohl responded in the affirmative.
The public hearing was opened.
The public hearing was closed.
It was moved by Mayor Pro Tem Peat and seconded by Council Member Johnson, that
the City Council approve Conditional Use Permit No. 3104 and Tentative Parcel Map
No. 2017 -132, subject to the conditions of approval.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Resolution No. 6647
A Resolution of the City Council of the City of Cypress Approving
Conditional Use Permit No. 3104 - With Conditions
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017 452
Resolution No. 6648
A Resolution of the City Council of the City of Cypress
Approving Tentative Parcel Map No. 2017 -132 - With Conditions
Item No. 2: Public Hearing and Second Reading and Adoption of an Ordinance
Prohibiting All Commercial Marijuana Activities, Regulating Personal Indoor
Marijuana Cultivation, and Banning Outdoor Personal Marijuana Cultivation
The City Attorney provided background information on this item.
Mayor Pro Tem Peat asked about the allowance for medical marijuana consumption.
The City Attorney responded that medical marijuana consumption does not have to
occur within a residence as there would be the ability of medical marijuana delivery.
The public hearing was opened.
Kevin McMahon, Cypress, spoke regarding the ban on outdoor marijuana cultivation.
The public hearing was closed.
It was moved by Council Member Johnson and seconded by Mayor Pro Tem Peat, that
the City Council: 1) Conduct a public hearing of an Ordinance prohibiting all commercial
marijuana activities, regulating personal indoor marijuana cultivation, and banning
outdoor personal marijuana cultivation; and 2) Adopt the Ordinance by title only and
waive further reading.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat and Morales
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: None
Ordinance No. 1167
An Ordinance of the City Council of the City of Cypress, California,
Adding Chapter 151 (Personal Marijuana Cultivation), and Chapter 15J
(Marijuana Uses and Activities Prohibited), to the Code of the City of Cypress,
and, Amending Article 6 (Definitions), and Zoning Tables of Sections
2.05.030, 2.06.030, 2.07.030, and 2.08.030 of Article 2 (Zoning Districts and
Allowable Land Uses), of Appendix I (Zoning) of the Code of the City of Cypress,
Relating to Marijuana Uses, Activities and Personal Cultivation
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a
Council Member requests separate action on a specific item.
Mayor Morales requested that Agenda Item No. 3 be pulled from the Consent Calendar.
It was moved by Mayor Pro Tem Peat and seconded by Council Member Johnson, to
approve Consent Calendar Items No. 4 through 14.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 4: Introduce and /or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017
Item No. 5: Second Reading of an Ordinance to Provide Expedited Permitting
Procedures for Electric Vehicle Charging Stations
Recommendation: Adopt the Ordinance by title only and waive further reading.
Ordinance No. 1168
An Ordinance of the City of Cypress Amending Chapter 5 of the
Cypress Municipal Code to Establish an Expedited Permitting Process for
Electric Vehicle Charging Systems
Item No. 6: Second Reading of an Ordinance to Lower the Speed Limit on
Walker Street
Recommendation: Adopt the Ordinance by title only and waive further reading.
Ordinance No. 1169
An Ordinance of the City Council of the City of Cypress Amending Chapter 16,
Article XV, of the Code of the City of Cypress Modifying Speed Limits at
Walker Street Between Orange Avenue and Cerritos Avenue
Item No. 7: Award Contract for Security Patrol and Recreation Facility Lock Up
Services
Recommendation: Award a two -year contract for Security Patrol and Lock Up Services
to Hunter Security, Inc. for $15,969 annually with an option for up to three, one -year
extensions, and authorize the City Manager to execute the contract.
Item No. 8: Receive and File 2017 Citywide Traffic Counts
Recommendation: Receive and file the 2017 Citywide Traffic Counts.
Item No. 9: Adopt Administrative Budget for the Cypress Successor Agency for
the Six -Month Period of January 1, 2018 through June 30, 2018
Recommendation: Adopt the administrative budget for the Successor Agency for the
six -month period of January 1, 2018 through June 30, 2018, per the attached Exhibit A.
Item No. 10: Approve Continuing Appropriations, Revenues and Transfers from
FY 2016 -17 to FY 2017 -18
Recommendation:
1. Authorize the appropriation of $1,842,598 in FY 2017 -18 for the carryover of items
from FY 2016 -17 as detailed in Attachment A.
2. Authorize the appropriation of $2,856,722 in FY 2017 -18 for the carryover of items
encumbered at June 30, 2017 as detailed in Attachment B.
3. Authorize the continuation of operating transfers totaling $1,152,073 and estimated
grant revenue totaling $1,469,453 from Fiscal Year 2016 -17 to Fiscal Year 2017 -18
as detailed in Attachment C to support carryover appropriations.
Item No. 11: Approve Cypress Recreation and Park District Continuing
Appropriations and Transfers from FY 2016 -17 to FY 2017 -18
Recommendation:
1. Authorize the appropriation of $1,290,253 in Fiscal Year 2017 -18 for items
encumbered at June 30, 2017, as detailed in Attachment A.
2. Authorize the appropriation of $8,558 in Fiscal Year 2017 -18 for the carryover of
continuing appropriations, as detailed in Attachment A.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017
Item No. 12: Approve Supplemental Appropriations and Estimated Revenues for
FY 2016 -17
Recommendation: Approve supplemental appropriations of $273,100 and increase
estimated revenues by $27,000 for FY 2016 -17.
Item No. 13: Receive and File the Investment Report for the Month Ended August
31, 2017
Recommendation: Receive and file the attached investment report.
Item No. 14: Approve Register of Warrants, Electronic Funds Transfers and Wires
Issued for the Period of September 4, 2017 through September 15, 2017
Recommendation: Approve the attached payment register summarized below for the
period of September 4, 2017 through September 15, 2017:
• Warrants 43927 through 44055
• Electronic Funds Transfers 3310 through 3315
• Payroll Transfers W1343
Regarding Item No. 3: Approve Minutes — Meeting of September 11, 2017, Mayor
Morales stated that he inadvertently voted in opposition to Agenda Item No. 12
regarding the establishment of a supplemental pension trust with the Public Agency
Retirement Services (PARS) however, his intention was to vote in favor of the item.
It was moved by Council Member Johnson and seconded by Mayor Pro Tem Peat, that
the City Council approve the minutes as amended.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
NEW BUSINESS
Item No. 15: Approve the First Amendment to Boys & Girls Club of Cypress Lease
and the Installation of a Fire Sprinkler System
The Director of Community Development provided background information on this item.
It was moved by Mayor Pro Tem Peat and seconded by Council Member Johnson, to:
1) Approve the first amendment to the Lease Agreement and Special Agreement with
the Boys & Girls Club of Cypress; 2) Waive the City fees for the expansion project; 3)
Appropriate $126,500 in the Capital Projects Fund for the installation of a fire sprinkler
system at the Boys & Girls Club facility; and 4) Transfer of $126,500 from the
Infrastructure Reserve Fund to the Capital Projects fund for the installation of the fire
sprinkler system at the Boys & Girls Club facility.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 16: Receive and File Computer Aided Dispatch /Records Management
System Implementation Update
The Chief of Police provided background information on this item.
Cassandra Bowden, West -Comm Communications Director, provided an update on the
Computer Aided Dispatch /Records Management System.
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CITY COUNCIL MINUTES SEPTEMBER 25, 2017 455
Council Member Yarc asked about possible service downtime.
Ms. Bowden stated that the system transition would be immediate and no service
downtime is anticipated.
Council Member Yarc asked if the old system could be relied upon as back -up should
there be complications with the new system.
Ms. Bowden responded in the affirmative.
Council Member Johnson congratulated the West -Comm staff on the system update.
Mayor Pro Tem Peat complimented the West -Comm staff on their service and spoke in
support of the system update.
It was moved by Council Member Johnson and seconded by Mayor Pro Tem Peat, that
the City Council receive and file the West Cities Police Communications Computer
Aided Dispatch /Records Managements System update.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
None.
COUNCIL MEMBER REPORTS AND REMARKS
Mayor Morales requested reports from the Council Members on their respective
committee assignments.
Council Member Johnson:
Attended a Cypress School District Ad -Hoc Committee meeting. Attended an O.C.
Recycling and Waste Committee meeting.
Council Member Yarc:
Attended the Farmers Market.
Council Member Berry:
Attended the League of California Cities Annual Conference in Sacramento. Attended
the Farmers Market. Attended a Cypress Children's Advocacy Council meeting.
Attended a Woman's Club of Cypress Board meeting. Attended the Police Department
Badge Pinning ceremony. Attended an O.C. Vector Control Board meeting.
Volunteered at the Cypress Senior Citizens Center Hoe Down. Attended the 20"
Anniversary of West -Comm. Announced the Woman's Conference to be held on
Wednesday, September 27, and the Movie on the Green to be held on Friday,
September 29. Asked for clarification on the bulky item pick up reduction by Valley
Vista Services.
The City Manager indicated that, under the terms of the Franchise Amendment
approved by the City Council, the number of free bulky items pick up is reduced from 12
to two, effective October 1.
Mayor Pro Tem Peat:
Attended a Veteran Recognition Committee meeting. Attended the Police Department
Badge Pinning ceremony. Attended the pet adoption event sponsored by
Assemblywoman Sharon Quirk - Silva. Attended the 20t" Anniversary of West -Comm.
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Mayor Morales:
Attended the League of California Cities Annual Conference in Sacramento. Met with
three Boy Scout Webelos. Attended the Police Department Badge Pinning ceremony.
Attended the pet adoption event sponsored by Assemblywoman Sharon Quirk - Silva.
Attended the 20th Anniversary of West -Comm.
CITY MANAGER REMARKS
The City Manager spoke regarding the trash franchise stabilization rate increase and
the process for returning protests. He announced the Cypress College Foundation
fundraiser to be held on Monday, October 2. He reminded of the Farmers Market on
Saturdays from 10:00 a.m. — 2:00 p.m.
ADJOURNMENT
Mayor Morales adjourned the meeting at 8:31 p.m. to an adjourned Regular Meeting, to
be held on Monday, October 9, 2017, beginning at 5:30 p.m. in the Executive Board
Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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AYOR OF THE CITY OF CYPRESS