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Minutes 2014-10-13357 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 13, 2014 A regular meeting of the Cypress City Council was called to order at 6:32 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 Mariellen Yarc Staff present: City Manager Peter Grant City Attorney William Wynder Assistant City Attorney Anthony Taylor Assistant City Attorney Lindsay Tabaian Director of Finance and Administrative Services Richard Storey Assistant Director of Finance and Administrative Services Matt Burton Public Works Director Doug Dancs ORAL COMMUNICATIONS: 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 Richard Storey, Employee Groups: Executive Management, Mid - Management. 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), KDC, Inc., dba Dynalectric v. Bannaoun Engineers Constructors Corporation, et al. and, Bannaoun Engineers Constructors Corporation v. City of Cypress, et al., Case No. 30- 2014 - 00739525- CU- OR -CJC, Orange County Superior Court. At 6:34 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 7:12 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 Assistant City Attorney Lindsay Tabaian Police Chief Jackie Gomez - Whiteley Public Works Director Doug Dancs Recreation Superintendent Dena Diggins Assistant Director of Finance and Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins CITY COUNCIL MINUTES Assistant Planner Judy Aquino Deputy City Clerk Rhonda Barone City Clerk Denise Basham OCTOBER 13, 2014 358 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey. INVOCATION: The invocation was given by City Attorney Wynder. 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 Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators: Peter Grant and Richard Storey, Employee Groups: Executive Management, Mid - Management. He stated that a privileged and confidential briefing of ongoing negotiations with the Executive Management and Mid - Management units was provided. He stated there was a discussion of further implementation of those negotiations and negotiating authority was granted by the City Council. 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), KDC, Inc., dba Dynalectric v. Bannaoun Engineers Constructors Corporation, et al. and, Bannaoun Engineers Constructors Corporation v. City of Cypress, et al., Case No. 30- 2014 - 00739525- CU- OR -CJC, Orange County Superior Court. He stated that there was a privileged and confidential briefing on the facts and circumstance of that case, and a litigation strategy was recommended and approved by the City Council. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: The Police Chief introduced Support Services Supervisor Andrew Zelinko. Dr. Robert Simpson, President, Cypress College, and Fred Williams, North Orange County Community College District, spoke regarding Measure J. 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: Don Anderson, Westminster Barbara Tebbetts Suzanne Pauline, Stanton Lillian Slick Sherry Monarcky Marissa Monarcky Christen Jackson Aaron Wilkes Tim Keenan, Cypress, spoke regarding Measures Q and R. Jon Peat, Cypress, spoke regarding his candidacy for Cypress City Council. The City Manager spoke regarding amending the recreation contract services agreement and stated that Ms. Anderson is the only contract instructor who was unwilling to sign the City's new agreement. He discussed staff efforts to work with Ms. Anderson and industry standard language contained in the agreement. He stated that Ms. Anderson requested and was granted an extension to her prior agreement through the end of 2014, which was done in recognition of her contributions to the community. 2 CITY COUNCIL MINUTES OCTOBER 13, 2014 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. 2996 AND TENTATIVE PARCEL MAP NO. 2014 -151, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT TWO DETACHED CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 9191 WALKER STREET IN THE PC PLANNED COMMUNITY ZONE AND THE CM COMMERCIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN AREA. The Assistant Planner provided background information on this item. Council Member Bailey asked about Condition 2.8 with regard to the height of the block wall separating the property from 5442 Nelson Street. The Assistant Planner responded that the adjacent wall would be six feet high. Council Member Bailey asked about overflow parking from C & L Custom Jackets, Inc. The Assistant Planner stated that staff is not aware of parking concerns related to C & L Custom Jackets, Inc. The public hearing was opened. The applicant, Mehrdad Tabar, stated that he accepts the Conditions of Approval, as amended. Council Member Bailey asked about development of an eight foot fence as opposed to a six foot fence separating the development from the property at 5442 Nelson Street. The Assistant Planner stated that an eight foot fence would only be permitted if it is adjacent to a commercial site and that the maximum allowable height would be seven feet. Council Member Bailey asked if the applicant would be willing to build a seven foot fence. The applicant responded in the affirmative. 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 adopt the Resolutions by title only, approving Conditional Use Permit No. 2996 and Tentative Parcel Map No. 2014 -151, subject to the conditions in Exhibit "A" of the Resolutions, as amended. 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. 6469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2996 — WITH CONDITIONS. RESOLUTION NO. 6470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 2014 -151 — WITH CONDITIONS. 3 359 CITY COUNCIL MINUTES OCTOBER 13, 2014 360 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 Council Member Bailey and seconded by Mayor Pro Tem Johnson, to approve Consent Calendar Items No. 2 through 8. 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 SEPTEMBER 22, 2014. Recommendation: That the City Council approve the Minutes of the Meeting of September 22, 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: PROCLAIMING THE WEEK OF OCTOBER 20 — 26, 2014 AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the week of October 20 — 26, 2014 as "Red Ribbon Week" in the City of Cypress. Item No. 5: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR STREET REHABILITATION PROJECT — OVERLAY, PUBLIC WORKS PROJECT NO. 123. Recommendation: That the City Council: 1) Award a contract for Street Rehabilitation Project — Overlay, Public Works Project No. 123, in the amount of $262,000, to the lowest responsible bidder, Hardy and Harper, Inc., Santa Ana, California; authorize a contingency of $39,300 (15% of Bid Amount); and direct the Director of Public Works /City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $39,961, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for Street Rehabilitation Project — Overlay, Public Works Project No. 123, to Vali Cooper and Associates, Inc. (VGA); authorize a contingency of $5,544 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. Item No. 6: ACCEPTANCE OF CONCRETE REHABILITATION PROJECT, PUBLIC WORKS PROJECT NO. 114. Recommendation: That the City Council: 1) Accept the Concrete Rehabilitation Project, Public Works Project No. 114, as being satisfactorily completed in conformance with the project specifications, in the final amount of $441,467.25; and 2) Approve the final retention payment of $22,073.37 to FS Construction, Sylmar, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 7: APPROVAL OF AN AMENDMENT TO THE CITY'S MEASURE M2 7 -YEAR CAPITAL IMPROVEMENT PROGRAM (CIP), AUTHORIZATION OF AN APPROPRIATION INCREASE, AND APPROVAL OF A TASK ORDER FOR THE DESIGN OF THE ENVIRONMENTAL CLEANUP PROGRAM (ECP) TIER 2 GRANT PROJECT, PUBLIC WORKS PROJECT NO. 115. Recommendation: That the City Council: 1) Approve an amendment to the City's Measure M2 7 -Year CIP, Fiscal Years 2014 -15 through 2020 -21, for inclusion of the ECP Tier 2 Grant Project, Public Works Project No. 115; and 2) Authorize an appropriation increase in the CIP 4 CITY COUNCIL MINUTES OCTOBER 13, 2014 Fund in the amount of $609,040 (Account No. 415 - 80300 - 8032.4186), for the design, construction, inspection, and contingency of ECP Tier 2 Grant Project, Public Works Project No. 115; and 3) Authorize an increase in estimated revenues by $211,840 in Account No. 415 - 99999.3525 (Other Grants) for the award of Measure M2 ECP funds from OCTA; and 4) Authorize a fund transfer in the amount of $397,200 from the Infrastructure Reserve Fund (Account No. 416- 99999.4501_415) to the CIP Fund (Account No. 415 - 99999.3901_416); and 5) Approve a Task Order for Engineering Storm Drain Design Services in the amount of $61,990 for the ECP Tier 2 Grant Project, Public Works Project No. 115, to Harris and Associates; authorize a contingency of $9,300 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 31615 THROUGH 31931. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2014 -15. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 9: CONSIDERATION OF AN ORDINANCE AMENDING CYPRESS MUNICIPAL CODE SECTION 21A -1 REGARDING THE PAYMENT OF PREVAILING WAGES. The Assistant City Attorney provided background information on this item. It was moved by Council Member Bailey and seconded by Mayor Pro.Tem Johnson, that the City Council introduce for first reading an Ordinance by title only, amending the Cypress Municipal Code to comply with Labor Code section 1782. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CYPRESS MUNICIPAL CODE SECTION 21A -1 REGARDING THE PAYMENT OF PREVAILING WAGES. 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. Don Anderson, Westminster, spoke regarding amending the recreation contract services agreement. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Mills requested reports from the Council Members on their respective committee assignments. Council Member Yarc: Spoke regarding amending the recreation contract services agreement. 5 361 CITY COUNCIL MINUTES OCTOBER 13, 2014 362 Council Member Johnson: Attended an O.C. Fire Authority meeting. Attended an Eagle Scout Ceremony. Attended the St. Irenaeus Oktoberfest. Attended a business seminar with Michelle Steel, State Board of Equalization. Participated in the Cypress College Foundation Golf Tournament. Attended the City Council Candidates Forum at Cypress College. Attended the AUHSD Student Service Foundation Awards ceremony. Congratulated Hayden Veale, Cypress, on attaining his Eagle Scout award. Volunteered for Habitat for Humanity. Participated in the Long Beach Marathon. Council Member Bailey: Participated in the Cypress College Foundation Golf Tournament. Attended the City Council Candidates Forum at Cypress College. Commented on amending the recreation contract services agreement. Council Member Narain: Attended the City Council Candidates Forum at Cypress College. Attended an O.C. Sanitation District Administrative meeting. Attended a Senior Citizens Advisory Council meeting. Council Member Mills: Attended an OCCOG Board of Directors meeting. Welcomed Cub Scouts on a City Hall and Council Chambers tour. Met with Cypress High School seniors. Attended the City Council Candidates Forum at Cypress College. Attended the AUHSD Student Service Foundation Awards ceremony. ITEMS FROM CITY MANAGER: The City Manager indicated that the City Council Candidates Forum would be available on the City of Cypress website, YouTube, and Cable Channel 36. ADJOURNMENT: Mayor Mills adjourned the meeting at 8:34 p.m. to Monday, October 27, 2014, beginning at 5:30 p.m. in the Executive Board Roo ATTEST: CITY CLERK OF THE CITY OF CYPRESS 6 MAYOR THE CITY OF CYPRESS