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Minutes 2014-09-08343 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 8, 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: City Manager Peter Grant 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 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: City Manager Peter Grant City Attorney William Wynder Police Commander Tom Bruce 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 Water Quality Manager Gonzalo Vazquez Deputy City Clerk Rhonda Barone City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Johnson. INVOCATION: The invocation was given by City Attorney Wynder. CITY COUNCIL MINUTES SEPTEMBER 8, 2014 344 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 Manager 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 the City Council and the City Manager met regarding performance evaluation and goal setting for the City Manager. He stated that the City Council provided direction and that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Mayor Mills presented a Certificate of Special Recognition to Cypress Veteran Ralph Tillbrook. Ken Vecchiarelli, General Manager, Golden State Water Company, made a presentation regarding water conservation and proposed rate increases. 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. The following spoke regarding amending the recreation contract services agreement: Barbara Tebbets Johanna Petrich, Cypress Debbie Foerster Lisa McCormick, Garden Grove Donna Wager, Huntington Beach Anjelica Abejuela, Garden Grove Judy Long Sara Robinson Amy Payne, Seal Beach Suzanne Pauline, Stanton Beatrice McCallson, Cypress 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 CONDITIONAL USE PERMIT NO. 2999, A REQUEST TO ESTABLISH A FITNESS CENTER USE WITHIN AN EXISTING LEASE SPACE LOCATED AT 4151 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE. The Planning Manager provided background information in this item. Mayor Pro Tem Johnson asked about signage and permits. The Planning Manager responded that there is an approved sign program for the commercial center and that the sign request would require an over - the - counter plan check through the Planning Department. Mayor Pro Tem Johnson asked if the business is restricted to women only. The Planning Manager responded in the affirmative. The applicant, Marlene Greteman, stated that she accepts the Conditions of Approval, and spoke regarding the closure of the former Curves for Women location. 2 CITY COUNCIL MINUTES SEPTEMBER 8, 2014 345 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 Mayor Pro Tem Johnson and seconded by Mayor Mills, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2999, subject to the conditions in Exhibit "A" of the Resolution. 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 RESOLUTION NO. 6465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2999 — WITH CONDITIONS. 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 Mayor Mills and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 2 through 6. 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 MEETING OF AUGUST 25, 2014. Recommendation: That the City Council approve the Minutes of the Meeting of August 25, 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: ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, adopting Conflict of Interest Codes for the City of Cypress and Cypress Recreation and Park District, which supersede all prior Conflict of Interest Codes and amendments previously adopted. RESOLUTION NO. 6466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. 3 CITY COUNCIL MINUTES SEPTEMBER 8, 2014 346 RESOLUTION NO. 6467 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, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. Item No. 5: CERTIFICATION OF THE SEWER SYSTEM MANAGEMENT PLAN (SSMP) UPDATE. Recommendation: That the City Council: 1) Certify the Sewer System Management Plan Update, as required per Section D.14 of the State Water Resources Control Board Order No. 2006 -0003; and 2) Authorize the Director of Public Works /City Engineer to submit the required certification form to the State Water Resources Control Board to maintain compliance with the order. Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2013 -14 AND 2014 -15 FOR WARRANTS NO. 31254 THROUGH 31427. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2013 -14 and 2014 -15. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 7: MINOR MODIFICATION OF STREETSCAPE STANDARDS FOR THE CYPRESS CORPORATE CENTER AMENDED SPECIFIC PLAN (DROUGHT TOLERANT LANDSCAPING). The Planning Manager provided background information on this item. The Public Works Director spoke regarding landscape sustainability and varied drought tolerant irrigation systems, along with City facilities that have converted to drought tolerant landscaping. He indicated that additional mandatory water consumption restrictions are anticipated. Council Member Bailey asked about landscape standards and if gravel could be intertwined with the plants. The Public Works Director responded that each landscape area has a Specific Plan and coverage, and that modifications would have to be requested through the City. He stated that gravel could be intertwined with the plants. The City Manager indicated that the landowner was able to pursue turf replacement grants due to the City Council's ability to modify the streetscape standards. Mayor Pro Tem Johnson spoke regarding current efforts for replacement of drought resistant areas near the Nature Park. The Public Works Director spoke of the challenges faced with drought tolerant landscaping near the Nature Park and that landscaping is site dependent based on the types of soil at the location. Council Member Yarc commended Cypress Land Company for being proactive with their water conservation efforts, and asked about proposed water savings. Ed Delaney, Royal Gardens Landscape, stated that Myoporum Parvifolium groundcover water savings is based on the irrigation system and would result in a substantial savings. 4 CITY COUNCIL MINUTES SEPTEMBER 8, 2014 It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson, that the City Council receive and file the report to modify the streetscape guidelines for properties located within the Cypress Corporate Center Amended Specific Plan area. 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 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 Johnson: Attended an O.C. Fire Authority Ad -Hoc Committee meeting for the appointment of an Interim Fire Chief. Attended the League of California Cities Conference. Spoke regarding driver safety. Thanked the Cypress Police Department for their assistance with a recent residential parking complaint. Council Member Yarc: Attended a WestComm Board Meeting. Attended a WestComm Mobile Command Post ribbon cutting. Attended the City /Cypress Chamber of Commerce Community Reception for City Manager Pete Grant. Attended the Cypress College Foundation Board meeting. Attended the Concert on the Green. Attended the League of California Cities Conference. Spoke regarding e- cigarette regulations. Attended the thoroughbred racing at the Los Alamitos Race Track. Council Member Narain: Attended an O.C. Sanitation Board meeting. Asked for clarification on the instructor contract for Ms. Anderson. The City Attorney spoke regarding the services of independent contractors and the City's standard from of agreement for contractors which protects the City from potential claims. He stated that independent contractors are not indemnified because the City is responsible for its own negligence and that standard form agreements typically do not have reciprocal indemnity language. He discussed the reasoning behind the review and update of the outdated independent contract agreements, and stated the his office is comfortable that contractors are appropriately protected. Council Member Narain asked if this protocol is typical of other cities. The City Attorney responded that this protocol is typical of the cities his firm contracts with. 5 347 CITY COUNCIL MINUTES SEPTEMBER 8, 2014 Council Member Bailey spoke regarding the low insurance costs for participants in the Challenger League in comparison to City contractor instructors. The Recreation and Community Services Director stated that various levels of Hold Harmless insurance offers were made to Ms. Anderson at less than $1 per child but she felt it was not suitable to her needs. She indicated that 75% of contract instructors carry insurance, although it is not required, and that dance is considered a Level 2 insurance risk category. She stated that insurance is optional for the dance instructors based on incidents, and that when this issue arose, staff provided the instructors information on insurance procurement. Council Member Yarc asked about the feasibility of someone other than the City Attorney or City staff meeting and negotiating with Ms. Anderson, clarifying that she is protected by the City indemnification laws. Council Member Mills: Attended the City /Cypress Chamber of Commerce Community Reception for City Manager Pete Grant. Attended the Concert on the Green. Spoke regarding Proposition 1, Anaheim Union High School District Ballot Measure H, and Southern California Gas Company Smart Meters opt out program. ITEMS FROM CITY MANAGER: The City Manager indicated that the Cypress Chamber of Commerce would be hosting a City Council Candidates' Forum at Cypress College on October 9, 2014, from 6:30 p.m. — 8:00 p.m. ADJOURNMENT: Mayor Mills adjourned the meeting at 8:41 p.m. to Monday, September 22, 2014, beginning at 5:30 p.m. in the Executive Board Room. MAYO OF THE CITY OF CYPRESS ATTEST: / CITY CLERK OF THE CITY OF CYPRESS 6 348