HomeMy WebLinkAbout2017-11-2730
REGULAR MEETING
CYPRESS CITY COUNCIL
November 27, 2017
5:00 P.M.
A regular meeting of the Cypress City Council was called to order at 5:02 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
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
Recreation Supervisor Jeff Draper
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 Labor Negotiator, pursuant to Government Code Section
54957.6, Agency Negotiators: Peter Grant and Matt Burton, Employee Groups:
• Executive Management
• Mid - Management
• Confidential
• Cypress Employees' Association
• Cypress Maintenance Employees' Association
• Cypress Police Management
• Cypress Police Officers' Association
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.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Anticipated Litigation, Significant Exposure
to Litigation Pursuant to Government Code Section 54956.9(d)(2), Number of Cases:
One Potential Case.
The meeting recessed at 5:03 p.m.
The meeting reconvened at 6:14 p.m.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
WORKSHOP SESSION
The Director of Recreation and Community Services provided a synopsis of what is
being termed as Next Leagues and indicated that the Recreation and Community
Services Commission and all of the youth sports groups have been involved in the
process to amend the policy to allow such leagues. She stated that instituting Next
Leagues is an effort by the youth sports groups to stave off the loss of participation.
She commented that the sports groups wish to create a new level of play involving a
tryout league that is more competitive than recreation based leagues, however, it is not
the same as play at the travel ball level. She indicated that Next Leagues would include
inter - league play from other cities, tournament play, mid - priced league fees, and a lower
player minimum than recreation leagues.
The Director of Recreation and Community Services stated potential impacts include
competition for practice fields, changes in residency make -up of leagues, gateway to
travel teams, and uncertainty as to whether or not the school districts would include
Next Leagues in their joint use agreements.
Council Member Berry asked if Next Leagues would be feasible without the availability
of school sites.
The Director of Recreation and Community Services responded that it would be difficult
due to limited available City field usage and high demand for use of school fields in the
two districts.
The Director of Recreation and Community Services spoke regarding the annual
number of participants in AYSO, Youth Baseball, Pony Baseball, and Girls Softball.
She stated that Girls Softball is not proposing any form of Next Leagues at this time
The Director of Recreation and Community Services reviewed conceptual Next Leagues
field use hours, as well as City and school shared usage, using data provided by the
youth sports groups. She stated that school field usage would also require on -site
custodial costs.
The Director of Recreation and Community Services stated staffs recommendation will
be for the City Council to approve Next League fees in concept, implement an hourly
rental fee, increase the resident/non- resident fees, and increase tournament fees. She
indicated that all of the youth sports groups have approved the conceptual fees being
proposed.
The Director of Recreation and Community Services spoke regarding instituting a
required minimum number to participate in recreation leagues and Next Leagues. She
indicated that field use would require a resident team to be on the field during games
and practices and have proper identification and permits. She stated that the youth
leagues offered to wear unique, identifying uniforms to identify authorized Next League
players on a field.
The Director of Recreation and Community Services stated that the ensuing steps
would include receiving direction from the City Council, finalization of the proposed
policy, staff meetings with the school districts, and City Council approval of the
recommended policy early next year.
Council Member Yarc asked if Next Leagues would be in addition to the recreation and
travel ball leagues.
The Director of Recreation and Community Services affirmed in that participants would
play in one of the three leagues.
Council Member Yarc asked if the addition of Next Leagues would reduce participation
in the recreation leagues and create field availability.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
The Director of Recreation and Community Services stated that the recreation leagues'
desire is to eventually increase participation, and that some groups' field use is currently
at its lowest threshold due to loss of participation thus, field impacts will not be realized
right away.
Council Member Berry asked if field use is at its maximum.
The Director of Recreation and Community Services spoke regarding field use
blanketing by the youth sports groups which prevents others from reserving a field. She
indicated that what occurs is that the youth groups do not actually use what they
reserve, therefore, through prohibition of blanketing or subletting, there is likely field
availability.
Council Member Johnson commented on reserved fields that are not used and asked if
Cypress school enrollment qualifies as residency registration.
The Director of Recreation and Community Services responded in the affirmative for
Cypress schools that fall within the boundaries of the Joint Use Agreements in place.
Council Member Johnson asked about Next Leagues players' play time compared to
recreation leagues.
The Director of Recreation and Community Services indicated that Next Leagues would
establish a minimum play rule for participants, which is currently required for recreation
leagues.
Council Member Johnson asked about playing various levels of players.
The Director of Recreation and Community Services stated that her understanding is
that participants would play in one or the other league, but not both simultaneously.
She indicated that children who play in an independent travel ball league could play in a
recreation or Next Leagues if they chose.
Council Member Johnson spoke regarding decreased league participation, in support of
tournament fees, and the need to allow inter - league play for the older age leagues due
to less number of players. He stated that he is in favor of Next Leagues.
The Director of Recreation and Community Services indicated that Next Leagues must
be governed and operated simultaneously with the recreation league under the
governance of the youth sports groups. She stated that travel ball has paid personnel
and Next Leagues and recreation leagues would not.
Council Member Yarc asked about travel ball field usage.
The Director of Recreation and Community Services responded that travel ball must
rent City and school fields and do not receive a high priority for scheduling as the other
groups do.
Mayor Pro Tem Peat suggested that the current sports groups that do not meet the
suggested minimum number of participants required for recreation and Next Leagues
be grandfathered in and there not be a time limit to reach the required participation
numbers.
The Director of Recreation and Community Services indicated that the youth sports
recreation leagues, excluding Pony Baseball which consistently has lower numbers, be
required to have a minimum of 125 participants. She stated that Next Leagues must
have a minimum of 25 participants, but cannot exceed 30% of the number of recreation
league participants.
Jamie Powell, Pony Baseball, spoke in support of Mayor Pro Tem Peat's comments and
stated that his organization is long- established. He thanked staff for their work.
Jimmy Fuller, AYSO, complimented staff on their work and spoke in support of Next
Leagues.
CITY COUNCIL MINUTES NOVEMBER 27, 2017
At 6:54 p.m., the Mayor recessed the meeting.
RECONVENE
The 7:00 p.m. session of the City Council meeting was called to order at 7:04 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
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
Water Quality Manager Gonzalo Vazquez
Public Works Superintendent Kirk Streets
Management Analyst Anna Sanchez
Human Resources Administrator Regina Nguyen
Senior Management Analyst Alisha Farnell
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem
Peat.
INVOCATION The invocation was given by Associate Pastor Brandon Beukelman,
West Cypress 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 Workshop Session regarding
review of recommended ACUAF amendments for Next Leagues. He stated that the
Director of Recreation and Community Services made the presentation and received
direction from the City Council.
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: Executive
Management, Mid - Management, Confidential, Cypress Employees' Association,
Cypress Maintenance Employees' Association, Cypress Police Management, and
Cypress Police Officers' Association. He stated that the matter was discussed and no
reportable action was taken.
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
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
Negotiation: Price and Terms of Payment. He stated that the matter was discussed and
no reportable action was taken.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Legal Counsel — Anticipated Litigation, Significant Exposure to
Litigation Pursuant to Government Code Section 54956.9(d)(2), Number of Cases: One
Potential Case. He stated that the matter was discussed and no reportable action was
taken.
No other action was taken in Closed Session, nor was any solicited.
The City Attorney stated that supplemental information for Agenda Item No. 3 was
available for the public.
PRESENTATIONS
The Chief of Police introduced Police Officer James Dowdell.
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.
Shelley Henderson, O.C. Breeze, spoke regarding upcoming events.
Gail Taylor, Cypress College, spoke regarding the Americana Awards.
Pat Edep, Cypress, spoke regarding Agenda Item No. 15.
Adam Wood, Building Industry Association, spoke regarding Agenda Item No. 3.
Derek Kirk, North Orange County Chamber, spoke regarding Agenda Item No. 3.
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.
It was moved by Mayor Pro Tem Peat and seconded by Council Member Johnson, 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, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Approve Minutes — Meeting of November 13, 2017
Recommendation: Approve as submitted.
Item No. 2: Introduce and /or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading
Item No. 3: Second Reading of an Ordinance Amending the City's Park
Development Fee
Recommendation: Adopt the Ordinance by title only and waive further reading.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
Ordinance No. 1170
An Ordinance of the City Council of the City of Cypress, California, Amending
Sections 25 -46 and 25 -47 of Article VI of Chapter 25 of the Cypress Municipal
Code Relating to the City's Park Development Fees Within the City of Cypress
Item No. 4: Second Reading of an Ordinance Approving a Third Amendment to
the Development Agreement with Warland Investments Company
Recommendation: Adopt the Ordinance by title only and waive further reading,
Ordinance No. 1171
An Ordinance of the City Council of the City of Cypress, California, Approving a
Third Amendment to the Development Agreement with Warland Investments
Company, a California Limited Partnership
Item No. 5: Approve First Amendment to Security Patrol Service and Lock Up
Services Agreement
Recommendation
1. Approve the First Amendment to the Security Patrol and Lock Up Services
Agreement with Hunter Security, Inc., and authorize the City Manager to execute;
and
2. Approve an increase in appropriations to the City's General Fund by $1,350 (Private
Contract Services - Park Buildings) and an increase in estimated revenues of $1,350
(Park District Reimbursements) in the City's General Fund; and
3. Authorize an appropriation increase of $1,350 (Contract Services - Maintenance
Charges) in the Cypress Recreation and Park District General Fund to reimburse the
City for lock up security services.
Item No. 6: Award Contracts for Sewer Relining, Project 200
Recommendation:
1. Approve Plans and Specifications for Sewer Relining, Project 200; and
2. Award a contract to Insituform Technologies, LLC, for $268,771, and authorize a
contingency of $40,300; and
3. Approve a Task Order for Construction Inspection Services to Vali Cooper and
Associates, Inc., for $27,548, and authorize a contingency of $4,200.
Item No. 7: Receive and File Bus Shelter Program Request for Proposals
Recommendation: Receive and file Bus Shelter Program Request for Proposals.
Item No. 8: Approve a Reimbursement Agreement for an Environmental Analysis
of Modification to a Previously Approved Commercial Retail Center
Recommendation: Approve a reimbursement agreement with Shea Properties and
approve a $62,150 Task Order to LSA for the preparation of environmental documents,
and authorize a $6,215 contingency.
Item No. 9: Approve a Reimbursement Agreement for an Environmental Analysis
of a Proposed 46 Unit Residential Project at 5081 Orange Avenue
Recommendation: Approve a reimbursement agreement with Melia Homes and
approve a $96,375 Task Order to LSA for the preparation of a specific plan and
environmental documents, and authorize a $9,600 contingency.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
Item No. 10: Accept Mackay Park, Project 166
Recommendation: Accept Mackay Park, Project 166, in the final amount of
$2,578,119.24, and approve the final retention payment of $128,905.96 to Los Angeles
Engineering, Inc.
Item No. 11: Amend Hourly Pay Ranges for Temporary Part-Time and Seasonal
Employees
Recommendation: Adopt a Resolution amending hourly pay ranges for temporary part-
time and seasonal employees.
Resolution No. 6655
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. 6638 Establishing Hourly Pay Ranges for Temporary
Part-Time and Seasonal Positions and Adding Part-Time Management Classifications
to the Temporary Part-Time and Seasonal Employees Hourly Pay Range Schedule
Item No. 12: Receive and File the Investment Report for the Month Ended October
31, 2017
Recommendation: Receive and file the attached investment report.
Item No. 13: Approve Register of Warrants, Electronic Funds Transfers and Wires
Issued for the Period of October 30, 2017 through November 10, 2017
Recommendation: Approve the attached payment register summarized below for the
period of October 30, 2017 through November 10, 2017:
• Warrants 44514 through 44652
• Electronic Funds Transfers 3496 through 3598
• Payroll Transfers W1347
NEW BUSINESS
Item No. 14: Update on State Mandated Commercial and Organics Recycling
Program
The Director of Community Development provided background information on this item.
Council Member Johnson asked if the mandate applied to single - family residences.
The Director of Community Development responded no, and clarified that the green
waste cans could eventually be used for organics recycling.
Council Member Berry asked about selling or donating recyclables to another hauler.
The Director of Community Development stated State law allows the sale and /or
donation of recyclables, and clarified that the current franchise agreement prohibits
other solid waste haulers from coming into the city and charging customers for those
services.
Council Member Berry asked about State enforced outreach, education, and monitoring
and if fines would be imposed for disregard of doing so.
The Director of Community Development responded in the affirmative, and stated that
the diversion rates would reflect non - compliance.
Mayor Pro Tem Peat asked if multi - family units are required to recycle organics or
establish a recycling program.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
The Director of Community Development responded that multi - family units with
dumpster service would be required to recycle organics.
Mayor Pro Tem Peat asked about the implementation date.
The Director of Community Development replied that enforcement would begin in 2023
or 2024.
It was moved by Council Member Johnson and seconded by Mayor Pro Tem Peat, to
receive and file State Mandated Commercial and Organics Recycling Program 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
ITEMS FROM CITY COUNCIL MEMBERS
Item No. 15: Fee Waiver and Financial Support for Arts on the Green 2018
Council Member Yarc provided background information on this item.
Council Member Johnson stated he attended the 2017 event and spoke in support of it.
It was moved by Council Member Johnson and seconded by Council Member Berry, to
approve fee waivers for direct and indirect financial support of Arts on the Green 2018.
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 an O.C. Fire Authority Board of Directors meeting. Conducted the coin toss at
a Cypress High School football game. Attended the Siemens Grand Opening.
Attended a Los Alamitos Race Course Ad -Hoc Subcommittee meeting.
Council Member Berry:
Attended a Woman's Club of Cypress Board meeting. Attended a Soroptimist of
Cypress Program meeting. Attended the City of Buena Park Mayor's Prayer breakfast.
Attended the Siemens Grand Opening. Attended an O.C. Mosquito and Vector Control
Board meeting. Attended the Cypress Farmers Market. Attended a Los Alamitos Race
Course Ad -Hoc Subcommittee meeting.
Council Member Yarc:
Attended an O.C. Sanitation District Board meeting. Attended the Siemens Grand
Opening. Attended a Cypress Chamber of Commerce Board meeting. Attended the
O.C. Sanitation District State of the District breakfast. Conducted the coin toss at the
Cypress High School football game. Attended the Cypress Holiday Craft Fair.
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CITY COUNCIL MINUTES NOVEMBER 27, 2017
Mayor Pro Tem Peat:
Attended the Siemens Grand Opening. Conducted the coin toss at the Cypress High
School football game. Attended the Cypress Holiday Craft Fair.
Mayor Morales:
Attended a Police Officer Retirees breakfast. Attended the City of Buena Park Mayor's
Prayer Breakfast. Attended the Joint Forces Training Base Thanksgiving luncheon for
families of deployed personnel. Attended the Siemens Grand Opening. Conducted the
coin toss at the Cypress High School football game.
CITY MANAGER REMARKS
The City Manager spoke regarding increased businesses in the Business Park.
ADJOURNMENT
Mayor Morales adjourned the meeting at 7:52 p.m. to an adjourned Regular Meeting, to
be held on Monday, December 11, 2017, beginning at 5:30 p.m. in the Executive Board
Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
THE CITY OF CYPRESS