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2015-02-09MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 9, 2015 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Johnson in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor Rob Johnson Mayor Pro Tem Mariellen Yarc Council Member Stacy Berry Council Member Paulo Morales Members absent: Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor ORAL COMMUNICATIONS: Craig Duffey, Garden Grove, spoke regarding transportation issues. CLOSED SESSION: 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(b)(d)(e)(1), Number of Cases: One Potential Case. At 6:35 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 7:04 p.m. by Mayor Johnson. Members present: Mayor Rob Johnson Mayor Pro Tem Mariellen Yarc Council Member Stacy Berry Council Member Paulo Morales Members absent: Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Police Commander Rodney Cox Director of Community Development Doug Dancs Recreation Superintendent Dena Diggins City Engineer Kamran Dadbeh City Planner Doug Hawkins Associate Planner Kori Sanders Human Resources Manager Cathy Thompson 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 Council Member Berry. 407 CITY COUNCIL MINUTES FEBRUARY 9, 2015 408 INVOCATION: The invocation was given by Father Patrick Moses, St. Irenaeus 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 Closed Session regarding Conference with Legal Counsel — Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)(d)(e)(1), Number of Cases: One Potential Case. He stated that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Mayor Johnson presented Certificates of Recognition to Joseph Arizmendi, Alberto Villegas, and Giovani Mentaro (not in attendance) for their role in the apprehension of a carjacking suspect. 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. Kelli Clinton, Cypress, spoke regarding the Marie L. Hare Continuation High School relocation by Garden Grove Unified School District. Lisa Belthius, Cypress, spoke regarding the Marie L. Hare Continuation High School relocation by Garden Grove Unified School District. 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. 3010 AND VARIANCE NO. 3011, A REQUEST TO EXPAND AN EXISTING SECOND DWELLING UNIT LOCATED AT 4461 CRESCENT AVENUE WITHIN A SINGLE - FAMILY RESIDENTIAL ZONE. The Associate Planner provided background information on this item. Council Member Morales asked about the feasibility of construction of a six -foot block wall along Denni Street to restrict an opening for entry and exit, as requested in one of the residential comment letters. The Associate Planner replied that a second driveway off of Denni Street would not be permitted, and that the City's Code Enforcement would mitigate any issues that may occur. The applicant, Robert Dorantes, stated that he accepts the Conditions of Approval, and spoke of his purchase of the property and the need for the second dwelling extension. Mayor Pro Tem Yarc asked if the project would require the need for a four -car garage. Mr. Dorantes responded that he would not have four vehicles for the garage. The Public Hearing was opened. The Public Hearing was closed. Mayor Johnson stated that he has visited the site and met with staff regarding the project, and that he has no objections to it. 2 CITY COUNCIL MINUTES FEBRUARY 9, 2015 It was moved by Council Member Berry and seconded by Council Member Morales, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 3010 and Variance No. 3011, subject to the conditions in Exhibit "A" of the Resolutions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Peat RESOLUTION NO. 6490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3010 — WITH CONDITIONS. RESOLUTION NO. 6491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 3.17.200.1.1 TO ALLOW A SECOND DWELLING UNIT WITH A FLOOR AREA GREATER THAN 30 PERCENT OF THE PRIMARY DWELLING'S FLOOR AREA. 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 Items No. 6 and 7. He stated that with regard to Consent Calendar Item No 6, he is a CaIPERS annuitant enrolled in the CaIPERS retiree medical insurance program. He indicated that with regard to Consent Calendar Item No 6, a health care benefit payment of $300 is on the warrant register under warrant item number 33241 that is being paid to him as a retired employee. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Berry, to approve Consent Calendar Items No. 2 through 5. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Peat Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 26, 2015. Recommendation: That the City Council approve the Minutes of the Meeting of January 26, 2015, 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 MONTH OF FEBRUARY 2015 AS "CAREER TECHNICAL EDUCATION MONTH" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim the month of February 2015 as "Career Technical Education Month" in the City of Cypress. 3 409 CITY COUNCIL MINUTES FEBRUARY 9, 2015 410 Item No. 5: CANCELLATION OF THE BALL ROAD STORM DRAIN, PROJECT NO. 96. Recommendation: That the City Council cancel the contract with Paulus Engineering, Inc. for the Ball Road Storm Drain, Project No. 96. Council Member Morales left the Council Chambers. Regarding Item No. 6: RESOLUTION PROVIDING FOR EQUAL BENEFITS TO ALL CITY COUNCIL MEMBERS. It was moved by Council Member Berry and seconded by Mayor Pro Tem Yarc, that the City Council adopt the Resolution by title only, providing equal benefits to all City Council Members. The motion was carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCIL MEMBERS: Berry, Yarc and Johnson COUNCIL MEMBERS: None COUNCIL MEMBERS: Peat COUNCIL MEMBERS: Morales RESOLUTION NO. 6492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, PROVIDING FOR EQUAL BENEFITS TO ALL CITY COUNCIL MEMBERS. Regarding Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 33135 THROUGH 33316. It was moved by Council Member Berry and seconded by Mayor Pro Tem Yarc, that the City Council approve the attached warrant register and wire transfers for Fiscal Year 2014 -15. The motion was carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCIL MEMBERS: Berry, Yarc and Johnson COUNCIL MEMBERS: None COUNCIL MEMBERS: Peat COUNCIL MEMBERS: Morales END OF CONSENT CALENDAR Council Member Morales returned to the Council Chambers. NEW BUSINESS: Item No. 8: FISCAL YEAR 2014 -15 CAPITAL IMPROVEMENT PROGRAM STATUS UPDATE. The Director of Community Development provided background information on this item. Mayor Pro Tem Yarc asked about the tree replacement program. The Director of Community Development responded that residents are provided with a selection of approved trees for the various parkways. Council Member Berry asked about the completion of the 2008 Master Sewer Plan. The Director of Community Development stated that $1.3 million is currently budgeted and that the project is based on budgeted funds and sewer fees revenues. 4 CITY COUNCIL MINUTES FEBRUARY 9, 2015 The City Manager indicated that the sewer system is a continual plan and that the City is in catch -up mode. He stated that the existing sewer fees have allowed for progress with the plan. Mayor Pro Tem Yarc asked about the City's storm drain capacity. The Director of Community Development spoke regarding pump stations functions and the impact to City streets. Mayor Johnson asked about drainage issues related to the recent rainstorms. The Director of Community Development responded that there had been minor issues with Pump Station #3 that were mitigated quickly. Mayor Johnson asked about the status of Measure R. The Director of Community Development indicated that the preliminary design for the park development on the closed Mackay School site would begin next year with the formal design submitted to the City Council. He stated that construction would begin the following year based on the contractor's schedule. He stated that the project is anticipated to be two- years, overall. Mayor Johnson asked about additional project submittals. The Director of Community Development responded that additional project requests may be submitted at this time, subject to evaluation and cost considerations. The City Manager indicated that the City Council could request projects for Capital Improvement Projects consideration. Mayor Pro Tem Yarc asked about the status of the flag pole installation. The Director of Community Development responded that a flag pole would be purchased this year using facility condition assessment funds. Mayor Johnson commented that various park improvements are needed including the Arnold /Cypress Park Roller Hockey Rink. The City Manager stated that the Arnold /Cypress Park Roller Hockey Rink use could be part of the City Council approved Capital Improvement Projects, and indicated that a facilities assessment is due. He indicated that park maintenance and improvements would be funded through the Cypress Recreation and Park District. Council Member Berry asked about the $2 million Americans with Disabilities Act (ADA) allocation. The Director of Community Development responded that the current ADA need over all of the City parks is $2 million. Council Member Berry asked about the ADA mandated funding. The Director of Community Development replied that the ADA projects would be discretionary upon the City Council. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Morales, that the City Council receive and file the Fiscal Year 2014 -15 Capital Improvement Program Status Update. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Peat 5 411 CITY COUNCIL MINUTES FEBRUARY 9, 2015 412 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 Seward, Cypress, spoke regarding a dog park in the City. Craig Durfey, Garden Grove, spoke regarding cycling events. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Johnson requested reports from the Council Members on their respective committee assignments. Council Member Yarc: Attended the New Mayors and Council Members Academy. Attended an Oversight Board meeting. Attended a Woman's Club of Cypress General Membership meeting. Attended an O.C. Sanitation District Operations Committee meeting. Attended a Cypress College Americana Awards Auction Committee meeting. Council Member Morales: Attended the City of Los Alamitos State of the City luncheon. Attended the O.C. Fire Authority Best and Bravest awards. Council Member Berry: Attended the City of Los Alamitos State of the City luncheon. Attended the City of Garden Grove State of the City luncheon. Attended an O.C. Sanitation District meeting. Attended an O.C. Library Advisory Committee Board meeting. Attended a Woman's Club of Cypress General Membership meeting. Attended the City of Buena Park State of the City luncheon. Attended an American Legion fundraiser. Council Member Johnson: Attended the City of Los Alamitos State of the City luncheon. Attended the O.C. Fire Authority Best and Bravest awards. Attended King Elementary School Career Day. Met with a representative of the Cypress Pops Orchestra. Attended the City of Buena Park State of the City luncheon. Attended the Caldwell Dental Care free dental care event. Attended the change of command at the Joint Forces Training Base. ITEMS FROM CITY MANAGER: The City Manager spoke regarding the temporary air traffic increase this week around the Joint Forces Training Base. ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:14 p.m. to Monday, February 23, 2015, beginning at 5:30 p.m. in the Execu ' : Board Room. z/ e 1 ATTEST: CITY CLERK OF THE CITY OF CYPRESS 6 MAYO THE CITY OF CYPRESS