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Minutes 2014-06-09298 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 9, 2014 A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Mills in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor Leroy Mills Mayor Pro Tem Rob Johnson Council Member Doug Bailey Council Member Prakash Narain Council Member Marielien Yarc Staff present: Interim City Manager Richard Storey City Attorney William Wynder ORAL COMMUNICATIONS: None. CLOSED SESSION: 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 Attorney. 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: William Wynder and Richard Storey, Employee Groups: City Manager. 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 7:00 p.m. by Mayor Mills. Members present: Mayor Leroy Mills Mayor Pro Tem Rob Johnson Council Member Doug Bailey Council Member Prakash Narain Council Member Mariellen Yarc Staff present: Interim City Manager Richard Storey City Attorney William Wynder Assistant City Attorney Lindsay Tabaian Police Chief Jackie Gomez - Whiteley Public Works Director Doug Dancs Recreation and Community Services Director June Liu Assistant Director of Finance and Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone City Clerk Denise Basham CITY COUNCIL MINUTES JUNE 9, 2014 299 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Mills presented a Certificate of Special Recognition to NalaniDutro. 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Attorney. The Interim City Manager stated that the evaluation of the City Attorney was discussed by the City Council and that they provided the City Attorney with evaluation areas. 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: William Wynder and Richard Storey, Employee Groups: City Manager. He stated that the City Council asked questions with regard to the terms and conditions of the contract and that this matter is on Consent Calendar for consideration and possible action by the City Council. 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 Mills asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Sue Douglas, Cypress, spoke regarding the Cypress School District relocation. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2014 -15 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. The Assistant Director of Finance and Administrative Services provided background information on this item. The public hearing was opened. Mayor Mills asked if there was anyone who wished to speak on this item. The public hearing was closed. It was moved by Council Member Bailey and seconded by Council Member Narain, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the District Budget as proposed for the fiscal year beginning July 1, 2014 after the conclusion of the public hearing. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 2 CITY COUNCIL MINUTES JUNE 9, 2014 300 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 Mills requested Agenda Item No. 16 be pulled from the Consent Calendar. It was moved by Council Member Narain and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 2 through 15 and 17. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 27 AND JUNE 3, 2014. Recommendation: That the City Council approve the Minutes of the Meetings of May 27 and June 3, 2014, 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. 4: SECOND READING OF AN ORDINANCE ADOPTING ZONE CHANGE NO. 2014 -02 AND THE MACKAY PLACE SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF 6.8 ACRES OF THE PROPERTY LOCATED AT 8721 CYPRESS AVENUE FROM PS -1A PUBLIC & SEMI - PUBLIC TO PC PLANNED COMMUNITY (PC -13), AND TO APPROVE THE MACKAY PLACE SPECIFIC PLAN. Recommendation: That the City Council adopt the Ordinance by title only, adopting Zone Change No. 2014 -02 and the Mackay Place Specific Plan. ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING ZONE CHANGE NO. 2014 -02 AND THE MACKAY PLACE SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF 6.8 ACRES OF THE PROPERTY LOCATED AT 8721 CYPRESS AVENUE FROM PS -1A PUBLIC & SEMI - PUBLIC TO PC PLANNED COMMUNITY (PC -13). Item No. 5: SECOND READING OF AN ORDINANCE ADOPTING ZONE CHANGE NO. 2014 -03 AND THE HARMONY 2015 SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 9470 MOODY STREET (CYPRESS SCHOOL DISTRICT OFFICE SITE) FROM PS -A1 PUBLIC & SEMI - PUBLIC TO PC PLANNED COMMUNITY (PC -14), AND TO APPROVE THE HARMONY 2015 SPECIFIC PLAN. Recommendation: That the City Council adopt the Ordinance by title only, adopting Zone Change No. 2014 -03 and the Harmony 2015 Specific Plan. ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING ZONE CHANGE NO. 2014 -03 AND THE HARMONY 2015 SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT 9470 MOODY STREET FROM PS -1A PUBLIC & SEMI - PUBLIC TO PC PLANNED COMMUNITY (PC -14). 3 CITY COUNCIL MINUTES JUNE 9, 2014 301 Item No. 6: DESIGN REVIEW COMMITTEE PERMIT NO. 2632, A REQUEST BY VERIZON WIRELESS TO CONSTRUCT A STEALTH, IMITATION TREE DESIGN ANTENNA FACILITY LOCATED AT 4949 KATELLA AVENUE IN THE PBP PLANNED BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2632, subject to the conditions in Exhibit "A" of the Resolution. In accordance with the California Environmental Quality Act (CEQA) guidelines, a Categorical Exemption, Class 3, will be filed for this project. RESOLUTION NO. 6433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2632 - WITH CONDITIONS. Item No. 7: APPROVAL OF AMENDMENT THREE TO COOPERATION AGREEMENT TO ALLOW PARTICIPATION IN THE URBAN COUNTY CDBG AND HOME PROGRAMS FOR FISCAL YEARS 2015 -2017. Recommendation: That the City Council: 1) Authorize the City's continued participation in the Urban County CDBG and HOME Programs for Fiscal Years 2015 -2017 through adoption of the Resolution by title only, approving Amendment Three to the Cooperation Agreement with the County of Orange; and 2) Authorize the Mayor to sign Amendment Three on behalf of the Cypress City Council. RESOLUTION NO. 6434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS WITH THE COUNTY OF ORANGE. Item No. 8: FISCAL YEAR 2014 -2015 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Recommendation: That the City Council: 1) Determine that the Fiscal Year 2014 -2015 Capital Improvement Program (CIP) is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c); and 2) Receive and file the staff report for the Fiscal Year 2014 -2015 Capital Improvement Program (CIP) Consistency Determination. Item No. 9: APPROVAL OF THE FIRST AMENDMENT TO THE CONTRACT AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES. Recommendation: That the City Council approve the proposed First Amendment to the Contract Services Agreement between the City of Cypress and All City Management Services, Inc. to reflect changes made to Item #2.0 Schedule of Compensation — Crossing Guard Salary. Item No. 10: APPROPRIATION OF FY 2013 PROP 69 GRANT FUNDS FROM THE COUNTY OF ORANGE. Recommendation: That the City Council: 1) Accept the FY 2013 Prop 69 grant funds from the County of Orange; and 2) Increase estimated revenues (114- 50183.3525 Grants — Miscellaneous) in the General Fund Grants Fund in the amount of $1,881; and 3) Approve appropriations in the General Fund Grants Fund as follows: 114 - 50183.4113 (Small Tools and Equipment) $1,881. 4 CITY COUNCIL MINUTES JUNE 9, 2014 Item No. 11: EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY'S INFRASTRUCTURE RESERVE FUND AND THE CITY'S SEWER FUND. Recommendation: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note in the amount of $5,000,000 between the City's Infrastructure Reserve Fund and the City's Sewer Fund. Item No. 12: ADOPTION OF THE FISCAL YEAR 2014 -15 BUDGET FOR THE CITY OF CYPRESS. Recommendation: That the City Council adopt the Resolution by title only, approving the City's annual budget for the fiscal year beginning July 1, 2014. RESOLUTION NO. 6435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. Item No. 13: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, regarding the adoption of the Annual Statement of Investment Policy. RESOLUTION NO. 6436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 14: RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL YEAR 2014 -15 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, establishing the City's Fiscal Year 2014 -15 appropriation limit. RESOLUTION NO. 6437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR THE 2014 -15 FISCAL YEAR. Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013 -14 FOR WARRANTS NO. 30223 THROUGH 30396. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2013 -14. Recreation and Park District Matters: Item No. 17: RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S FISCAL YEAR 2014 -15 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District's Fiscal Year 2014 -15 appropriation limit. 5 302 CITY COUNCIL MINUTES JUNE 9, 2014 303 RESOLUTION NO. 6438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATION LIMIT FOR THE 2014 -15 FISCAL YEAR. Regarding Item No. 16: APPROVAL OF A THREE -YEAR CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND PETER K. GRANT, Mayor Mills requested that the City Attorney provide a briefing on this item. The City Attorney indicated that the City Council presented a three -year employment contract with Mr. Peter K. Grant to serve as the full -time City Manager. He indicated that Mr. Grant is currently the Assistant City Manager for the City of Redondo Beach. He spoke of his extensive municipal and private employment work experience along with his educational background and discussed changes made to the employment contract from prior practice. It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council approve the Three -Year City Manager Employment Agreement between the City of Cypress and Mr. Peter K. Grant, and authorize the Mayor to execute the Agreement on behalf of the City Council. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Mills requested reports from the Council Members on their respective committee assignments. Council Member Bailey: Attended a City /Anaheim Union High School District Joint Steering Ad Hoc Committee meeting. 6 CITY COUNCIL MINUTES JUNE 9, 2014 304 Council Member Johnson: Attended the Soroptimist Scholarship and Service Awards reception. Attended the Keller Williams Realty Red Ribbon cutting. Attended the Tri -City Chamber of Commerce Networking Mixer. Participated in the Long Beach Wrigley River Run. Judged the Cottonwood Church Classic Car Show. Attended the Landell Elementary School carnival. Wished long -time Cypress resident Bobbie Bloch a speedy recovery. Council Member Yarc: Attended the Holder Elementary School modernization ribbon cutting. Attended the Tri - City Chamber of Commerce Networking Mixer. Attended the O.C. District of the California Federation of Woman's Club Board and Chairman meetings. Attended a Woman's Club of Cypress General meeting. Attended the Cypress Chamber of Commerce Board meeting. Council Member Narain: Attended a City /Anaheim Union High School District Joint Steering Ad Hoc Committee meeting. Attended an O.C. Sanitation District Board meeting. Council Member Mills: Served as keynote speaker at the Mitsubishi Motor Mouths Toastmasters Club. Attended the Tri -City Chamber of Commerce Networking Mixer. Attended the SCAG Regional Council and Transportation Committee meetings. Spoke of the SCAG scholarship opportunity. Announced the retirement of Major General Keith Jones from the Los Alamitos Joint Forces Training Base. ITEMS FROM INTERIM CITY MANAGER: No items. ADJOURNMENT: Mayor Mills adjourned the meeting at 7:34 p.m. to Monday, June 23, 2014, beginning at 5:30 p.m. in the Executive Board ' •om. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAYO CITY OF CYPRESS