Loading...
2015-01-12392 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 12, 2015 A regular meeting of the Cypress City Council was called to order at 6:01 p.m. by Mayor Johnson in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor Rob Johnson Mayor Pro Tem Marie lien Yarc Council Member Stacy Berry Council Member Paulo Morales Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Police Chief Jackie Gomez - Whiteley Director of Community Development Doug Dancs Recreation Superintendent Dena Diggins City Engineer Kamran Dadbeh City Planner Doug Hawkins Redevelopment Project Manager Steve Clarke Senior Management Analyst Alisha Farnell Video Production Coordinator John Olson Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers Recreation Supervisor Jenni Worsham Deputy City Clerk Rhonda Barone City Clerk Denise Basham ORAL COMMUNICATIONS: None. CLOSED SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Threat to Public Services or Facilities, pursuant to Government Code Section 54957(a). At 6:03 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 7:01 p.m. by Mayor Johnson. Members present: Mayor Rob Johnson Mayor Pro Tem Mariellen Yarc Council Member Stacy Berry Council Member Paulo Morales Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Police Chief Jackie Gomez - Whiteley CITY COUNCIL MINUTES JANUARY 12, 2015 393 Director of Community Development Doug Dancs Recreation Superintendent Dena Diggins City Engineer Kamran Dadbeh City Planner Doug Hawkins Redevelopment Project Manager Steve Clarke Water Quality Manager Gonzalo Vazquez Senior Management Analyst Alisha Farnell Deputy City Clerk Rhonda Barone City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Yarc. INVOCATION: The invocation was given by Council Member Peat. 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 Threat to Public Services or Facilities, pursuant to Government Code Section 54957(a) and that no reportable action was taken. 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 Johnson asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Dr. Robert Simpson, President, Cypress College, and Jenelle Bader, Southern California Edison, spoke regarding the Cypress College Americana Awards to be held on February 28, 2015. Shelley Henderson, Cypress, spoke regarding the Cypress Chamber of Commerce Networking Breakfast to be held on January 13, 2015, and the upcoming Cypress Community Festival Committee Kick -Off meeting. 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 REVIEW OF THE FISCAL YEAR 2015- 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION. The Redevelopment Project Manager provided background information on this item. The public hearing was opened. Mayor Johnson asked if there was anyone who wished to speak on this item. The public hearing was closed. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, that the City Council: 1) Hold a public hearing to review the project list proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2015 -2016 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, approving the City's participation in the Fiscal Year 2015 -2016 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. 2 CITY COUNCIL MINUTES JANUARY 12, 2015 394 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2015 -2016 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE. 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. Council Member Morales recused himself from Consent Calendar Item No. 7. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Berry, to approve Consent Calendar Items No. 2 through 7. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Morales Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF DECEMBER 8, 2014. Recommendation: That the City Council approve the Minutes of the Meeting of December 8, 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: ACCEPTANCE OF ANNUAL STREET OVERLAY, PROJECT NO. 123. Recommendation: That the City Council: 1) Accept the Annual Street Overlay, Project No. 123, as being satisfactorily completed in conformance with the project specifications, in the final amount of $269,935.98; and 2) Approve the final retention payment of $13,469.80 to Hardy and Harper, Inc., Santa Ana, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Community Development. Item No. 5: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON -CALL CONTRACT FOR ENGINEERING SEWER DESIGN SERVICES FOR SEWER IMPROVEMENTS AT VARIOUS LOCATIONS, PROJECT NO. 134. Recommendation: That the City Council approve a Task Order for Engineering Sewer Design Services in the amount of $106,810 for Sewer Improvements at Various Locations, Project No. 134, to Lee & Ro, Inc.; authorize a contingency of $16,020 (15% of contract amount) to be used for unforeseen work; and direct the Director of Community Development to act as Contract Officer. 3 CITY COUNCIL MINUTES JANUARY 12, 2015 395 Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2014. Recommendation: That the City Council receive and file the Investment Report for the month of November, 2014. Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 32616 THROUGH 33008. 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. 8: CONSIDERATION OF LARRY SMITH'S REQUEST FOR REAPPOINTMENT TO THE TRAFFIC COMMISSION. The City Clerk provided background information on this item. Council Member Peat asked how the seat would be filled should the City Council decide to not reappoint Mr. Smith. The City Clerk responded that the seat would remain vacant until the Commission recruitment in April 2015. Mayor Johnson spoke of his past Commission resignation and unsuccessful election to the City Council, and subsequent reappoint to the Commission. Mayor Pro Tem Yarc stated that she would recommend Mr. Smith's reappointment to the Traffic Commission. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Peat, that the City Council reappoint Larry Smith to the Traffic Commission and reinstate him to complete his second term that concludes on June 30, 2017. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 9: CONSIDERATION OF A RESOLUTION ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS. The Senior Management Analyst provided background information on this item. Mayor Johnson asked if there would be an invocation time limit. The Senior Management Analyst responded that there is not a listed time limit. Mayor Johnson asked if the religious leaders would be limited to only Cypress based clergy or religious leaders. The Senior Management Analyst replied that a congregations list would be generated by the City Clerk's Office that would be comprised of congregations within the Cypress community and that letters of interest would be considered from other interested congregations. Mayor Pro Tem Yarc asked about guidelines to restrict extreme religions and which congregations the lists consists of. 4 CITY COUNCIL MINUTES JANUARY 12, 2015 The Senior Management Analyst indicated that other interested congregations would have to submit a letter of interest in advance for consideration on an annual basis. Mayor Pro Tem Yarc asked who approves the list of congregations. The Senior Management Analyst responded that there is not a selection criteria. The City Attorney stated that the policy would be an objective process and that the policy does contain certain criteria on the selection process, and that the City is not taking a position on faith. He indicated that the City Clerk would use objective discretion when compiling the congregations list. Mayor Pro Tem Yarc asked if the congregations would be respectful of the political process and not disruptive to the City Council meetings. The City Manager responded that there are content guidelines in the policy to include not defaming the City and /or the political process. Mayor Pro Tem Yarc asked about the benefit of the policy. The City Manager responded that an invocation is typical of government processes. He stated that it is not common for staff to conduct the invocation and is a legal risk for the City Council to conduct it. He spoke of community benefits of having a congregational rotation. The City Attorney indicated that one of the legal goals of the policy is to protect the City from any possible legal challenge or liability, and that this type of objective policy accomplishes that. Mayor Pro Tem Yarc spoke regarding the current terrorist climate and encouraged respect from the selected congregations. The City Manager indicated that the City Council would conduct an outreach to local faith groups inviting them to lead the invocation. He stated that the City Council is not obligated to have an invocation at the City Council meetings. Council Member Morales asked if an invocation time limit could be established. Council Member Berry asked if the invocation congregation list would be limited to only City Council meetings. The Senior Management Analyst responded that the invocation policy only applies to City Council meetings. Council Member Berry asked if complaints had been received with regard to exclusion of community faith groups leading the invocation at the City Council meetings. The City Attorney replied that there have not been complaints in Cypress, however other cities that he represents have received complaints and similar invocation policies have been adopted. It was moved by Council Member Peat and seconded by Mayor Johnson, that the City Council adopt the Resolution by title only, establishing a policy regarding invocations at City Council meetings. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson NOES: 1 COUNCIL MEMBERS: Yarc ABSENT: 0 COUNCIL MEMBERS: None 5 396 CITY COUNCIL MINUTES JANUARY 12, 2015 397 RESOLUTION NO. 6488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS. Item No. 10: ADOPTION OF RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE ARTERIAL PAVEMENT MANAGEMENT PROGRAM UNDER THE REGIONAL SURFACE TRANSPORTATION PROGRAM. Council Member Morales recused himself from this item due to his ownership of property in the project area. Council Member Morales left the Council Chambers. The City Engineer provided background information on this item. Mayor Pro Tem Yarc asked about the likelihood of grant funding. The City Engineer replied that there is a high likelihood of grant funding. Council Member Peat asked about the project timeline. The City Engineer indicated that the project would be completed by July 2016. The Director of Community Development clarified the grant application process and stated that funds would be budgeted in Fiscal Year 2015 -2016 with the bid and construction processes to follow, and that the project would be completed by spring 2016. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Berry, that the City Council adopt the Resolution by title only, authorizing the submittal of an application to the Orange County Transportation Authority for the Regional Surface Transportation Program. The motion was carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Berry, Peat, Yarc and Johnson None None Morales RESOLUTION NO. 6489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING APPLICATION FOR FUNDS FOR THE ARTERIAL PAVEMENT MANAGEMENT PROGRAM FUNDED WITH REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY FEDERAL TRANSPORTATION ACT FOR ARTERIAL STREET REHABILITATION PROJECT, CIP PROJECT NO. 131. Council Member Morales returned to the dais. Item No. 11: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE SEWER REHABILITATION ON BELMONT STREET, PROJECT NO. 132. The Director of Community Development provided background information on this item. Council Member Morales asked if there had been recent concerns regarding contractor performance bonds. The Director of Community Development responded that in his tenure with the City, there has never been an incident for a bonding company to complete the work. 6 CITY COUNCIL MINUTES JANUARY 12, 2015 398 Council Member Morales asked about the project timeline. The City Engineer replied that it is a 203 foot project that would take approximately 20 working days to complete. Mayor Pro Tem Yarc asked if the contractor, Ramona, Inc., has been used in the past. The Community Development Director responded that the City of Cypress has not used the contractor, however a variety of other agencies and cities have. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, that the City Council: 1) Award a contract for the Sewer Rehabilitation on Belmont Street, Project No. 132, in the amount of $46,936, to the lowest responsible bidder Ramona, Inc., Arcadia, California; authorize a contingency of $7,100 (15% of bid amount); and direct the Director of Community Development to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Inspection Services, in the amount of $32,681, within the existing agreement for On -Call Construction Management/Engineering Support/ Testing and Inspection Services, for the Sewer Rehabilitation on Belmont Street, Project No. 132, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $4,900 (15% of contract amount) to be used for unforeseen work; and direct the Director of Community Development to act as Contract Officer. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson 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. Raymond Yoo spoke regarding prohibiting smoking in public parks. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Johnson requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem Yarc: Attended an O.C. Sanitation District meeting. Hosted a holiday block party and toy donation drive. Attended the 2015 Rose Parade. Attended a Woman's Club of Cypress meeting. Attended a California Federation of Woman's Club Orange District Council meeting. Met with Assemblywoman Young Kim. Council Member Berry: Attended a PACE graduation at Cerritos Elementary School. Attended the 2015 Rose Parade. Attended a Woman's Club of Cypress meeting. 7 CITY COUNCIL MINUTES JANUARY 12, 2015 399 Council Member Morales: Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended the Holiday Sing. Attended the Cypress Police Department Volunteer Holiday Party. Attended the 2015 Rose Parade. Attended an O.C. Vector Control meeting. Council Member Peat: Attended the Cypress Chamber of Commerce Holiday Extravaganza. Toured City park facilities with the Recreation Superintendent. Toured City streets with the Director of Community Development. Mayor Johnson: Attended the Cypress Chamber of Commerce Holiday Extravaganza. Attended the Holiday Sing. Attended the Habitat for Humanity home dedication on Lincoln Avenue. Attended a City of Los Alamitos Council meeting. Attended the holiday block party and toy donation drive on Edgemont Circle. Attended the 2015 Rose Parade. Met with Assemblywoman Young Kim. ITEMS FROM CITY MANAGER: The City Manager announced the State of the City Luncheon to be held on January 21, 2015, and spoke regarding trash hauler delays with Christmas tree pick -up. ADJOURNMENT: Mayor Johnson adjourned the meeting at 7:55 p.m. to Monday, January 26, 2015, beginning at 5:30 p.m. in the Executive Board Room. MAYOR 0 THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8