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2015-03-09422 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 9, 2015 A regular meeting of the Cypress City Council was called to order at 5:30 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 (arrived at 5:33 p.m.) Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Acting Police Chief Rodney Cox Director of Community Development Doug Dancs Recreation and Community Services Director June Liu Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Shelly Myers City Engineer Kamran Dadbeh Water Quality Manager Gonzalo Vazquez City Planner Doug Hawkins Deputy City Clerk Rhonda Barone City Clerk Denise Basham ORAL COMMUNICATIONS: Todd Seymore, Cypress, spoke regarding the Cypress Community Festival Association Non - Profit Contribution Grant Requests and stated that the group amends their request to $6,000 the first year and $5,000 the second year. Pat Edep, President, Cypress Art League, spoke regarding the Non - Profit Contribution Grant Requests and indicated that the group's request includes two additional workshops. Barbara Rogers, Lakewood, Pencil Painting member, spoke regarding her connection with the Cypress Art League and the pencil painting workshops held at the Cypress Community Center. Steve Germain, St. Irenaeus Catholic Church, thanked the City Council for consideration of their grant request. Bob Meyer, Long Beach, Cypress Art League member, spoke regarding the group's community activities, permanent art collection, and free art demonstrations. Kathleen McCready, Buena Park, Cypress Art League member, spoke in support of the group. Ron Schrantz, Cypress, Cypress Art League member, spoke regarding the group's financial burden of paid room uses in addition to art show fees, and how that could likely cause the group to dissolve. CITY COUNCIL MINUTES MARCH 9, 2015 423 WORKSHOP SESSION: The Recreation and Community Services Director stated that the Non - Profit Contribution Grant Request Policy has been in place since 1998, and the major tenets of the policy were updated in 2008. Support is awarded on a biennial basis through either direct or indirect funding. She clarified that direct funding would include cash grant awards to an organization and that indirect funding would include non -cash support such as staff support, fee waivers, equipment usage and printing services. The Recreation and Community Services Director introduced Dena Diggins, Recreation Superintendent, Jeff Draper, Recreation Supervisor, and Shelly Myers, Recreation Supervisor. She stated that 19 groups submitted grant requests and indicated how the grant request application process is quantified. She assured that staff recommendations are based upon the parameters of the City Council policy, as well as a balance of facility and room use requests in consideration of City- sponsored and private rentals. The Recreation and Community Services Director reviewed the criteria for the funding distribution and indicated that funds would be portioned out to the groups per the policy. She stated that grant requests would also be addressed based on competition for facility uses, resources, as well as cost impacts to the City and District budgets. The Recreation and Community Services Director stated that the direct funding requests total $35,400 with staff recommending $28,000, which is the same amount awarded in the previous two -year cycle which was an increase over previous years. She indicated that indirect funding requests total approximately $1.1 million over a two - year period with staff recommending an amount that is approximately $21,000 less over the two -year period. The Recreation and Community Services Director indicated that direct funding requests for the two -year period include $6,400 from the Cypress Art League with staff recommending $1,500. She stated that for the Cypress Children's Advocacy Council and the Friends of Cypress Cultural Arts (FOCCA), staff recommends the same level of funding as given in the past two years. She clarified that the Community Festival Association request is amended to be $6,000 for the first year and $5,000 for the second year, and that staff recommends $10,000. The Recreation and Community Services Director reviewed the 2015 -2017 Indirect Funding recommendations and stated that a majority of the funding would be allocated for facilities and field waivers in an amount valued at $777,530. She stated that funding for equipment and supplies would be $35,602, staff support $249,192, and Temporary Use Permits $3,500. The Recreation and Community Services Director stated that the Cypress Art League request includes two additional two -day workshops during prime time use and that City staff has offered alternatives such as paying for the room use at 100% or a portion thereof which may be negotiated and approved by City Council. Council Member Berry disclosed that she currently serves as President of the Cypress Children's Advocacy Council which is one of the groups that has submitted a grant request. The City Attorney indicated that Council Member Berry would not have to recuse herself from voting on this matter because her position on the Cypress Children's Advocacy Council is a non -paid position and does not create a conflict of interest. Council Member Morales asked what the Cypress Art League prime time room use rental rates would be. The Recreation and Community Services Director replied that non - profit group prime time room use rental rates for the Ballroom would be $540 per day. She clarified that private resident/non- resident room rentals could otherwise be secured at up to $1,410 per day for the same time period of use. 2 CITY COUNCIL MINUTES MARCH 9, 2015 424 Mayor Pro Tem Yarc asked if the Cypress Art League indirect funding request is the same value as the past period grant request. The Recreation and Community Services Director responded in the affirmative, as rental fees have remained unchanged, however staff support cost could fluctuate. Mayor Pro Tem Yarc asked for clarification on the Cypress Art League extra day requests. The Recreation and Community Services Director stated that the Cypress Art League has meeting room timeframes, as well as gallery openings and in -take for their shows. Mayor Pro Tem Yarc asked what is different in this Cypress Art League request as compared to the previous two -year cycle. The Recreation and Community Services Director indicated that the only additional Cypress Art League request is the two two -day workshops. Mayor Pro Tem Yarc asked if the Cypress Art League workshops needed to be two days and if the group received the same number of free uses as in the past two -year cycle, if it would cover their needs without expanding it into a two -day workshop. The Recreation and Community Services Director stated that the Cypress Art League had been allocated additional non -prime time room uses in the current grant cycle. Mayor Pro Tem Yarc asked how many room exclusions are reflected in the recommended Cypress Art League allocation of $19,910. The Recreation and Community Services Director replied that the current Cypress Art League recommendation maintains the group at the meeting room and prime time ballroom uses within the policy. She indicated that there are approximately five extra meeting use requests by the group. Mayor Pro Tem Yarc asked if the Cypress Art League recommendation remained the same as in the past, what would be the cost to the City. The Recreation and Community Services Director replied that the City cost would be approximately $2,000 to keep the Cypress Art League request the same as in the past years because the large banquet room would not be used. She stated that the group's past grant does not include the additional workshops. Mayor Pro Tem Yarc asked if the Cypress Art League would be willing to forego the additional workshops in order to maintain the group. The Recreation and Community Services Director stated that the goal is to balance the prime time uses and that City staff could negotiate with the Cypress Art League should that be the City Council direction. The City Manager clarified that the staff recommendation would provide the Cypress Art League with the same indirect funding as in the past two -year funding cycle, excluding the additional request. The Recreation and Community Services Director replied that staff recommendation is to stay within the policy which is 15 meeting room uses and that the Cypress Art League allotment the past two years was above and beyond their initial request. The City Manager stated that the recommendation, should the City Council not change it for the upcoming two -year period, is Tess than what the Cypress Art League received in the current cycle. The Recreation and Community Services Director responded in the affirmative. Mayor Johnson asked about room use availability. 3 CITY COUNCIL MINUTES MARCH 9, 2015 The Recreation and Community Services Director indicated that yearly vacant periods of room use vary based on City- sponsored events and non - profit room uses, which are priority uses. Council Member Peat asked if the pattern of past facility uses and room availability could be determined. The Recreation and Community Services Director responded that room use availability could be determined and indicated known yearly uses such as non - profit group fundraisers and sports group opening day ceremonies. She stated that room uses could be made either 15 or 12 months in advance based on residency and non- residency status. Mayor Pro Tem Yarc asked if the City could subsidize direct grant funding requests due to the limited budget of the Cypress Recreation and Park District. The City Manager responded in the affirmative and indicated that funding could be available from the Cypress Recreation and Park District Budget or the City's General Fund, based on the City Council direction. The Recreation and Community Services Director spoke of the direct cash funding and that it is feasible if the City Council direction is for the Cypress Art League indirect funding remain as in the past two -year cycle, without going beyond the two rooms per group allocation for primetime ballroom uses. She clarified that the Cypress Art League direct funding requests are a direct impact on City assets including easels, and stated that art kiosks in the foyer is undetermined. Mayor Johnson asked about the additional $500 direct funding request for the Cypress Children's Advocacy Council. The Recreation and Community Services Director responded that the Cypress Children's Advocacy Council has sponsor support and no new programs and that the staff recommendation is for $500 less than the requested amount. Mayor Johnson asked about the feasibility of additional City funding for the Cypress Community Festival Association in celebration of its 35th anniversary. The Recreation and Community Services Director responded that the Cypress Community Festival Association would be provided with banner printing and staff support. Council Member Peat asked about the Cypress Art League's request for $6,400 for display cases, if a contractor donation could be considered, and what the process would entail. The Recreation and Community Services Director replied that the City Public Works Department would have to be involved in the installation, placement, security, and ongoing maintenance of new permanent display cases. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Berry, that the City Council, acting in conjunction as the ex officio governing Board of Directors for Cypress Recreation and Park District, award direct grant funding in the amount of $1,500 to the Cypress Art League for Fiscal Years 2015 -16 and 2016 -17. 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 4 425 CITY COUNCIL MINUTES MARCH 9, 2015 It was moved by Mayor Pro Tem Yarc and seconded by Council Member Morales, that the City Council, acting in conjunction as the ex officio governing Board of Directors for Cypress Recreation and Park District, award direct grant funding in the amount of $1,000 to the Cypress Children's Advocacy Council for Fiscal Years 2015 -16 and 2016- 17. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Berry It was moved by Council Member Peat and seconded by Mayor Johnson, that the City Council, acting in conjunction as the ex officio governing Board of Directors for Cypress Recreation and Park District, award direct grant funding in the amount of $11,000 to the Cypress Community Festival Association for Fiscal Years 2015 -16 and 2016 -17, with the first year at $6,000. 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 It was moved by Council Member Peat and seconded by Council Member Berry, that the City Council, acting in conjunction as the ex officio governing Board of Directors for Cypress Recreation and Park District, award direct grant funding in the amount of $16,000 to the Friends of Cypress Cultural Arts for Fiscal Year 2015 -16 and 2016 -17. 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 It was moved by Council Member Morales and seconded by Mayor Pro Tem Yarc, that the City Council, acting in conjunction as the ex officio governing Board of Directors for Cypress Recreation and Park District, award indirect grant funding in the amount of $1,065,824 to the 19 identified Cypress -based non - profit organizations for Fiscal Years 2015 -16 and 2016 -17. 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 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(d)(2), Number of Cases: One Potential Case. At 6:25 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 Johnson. Members present: Mayor Rob Johnson Mayor Pro Tem Mariellen Yarc 5 426 CITY COUNCIL MINUTES MARCH 9, 2015 427 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 Acting Police Chief Rodney Cox Director of Community Development Doug Dancs Recreation and Community Services Director June Liu City Engineer Kamran Dadbeh Water Quality Manager Gonzalo Vazquez City Planner Doug Hawkins Deputy City Clerk Rhonda Barone City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA. INVOCATION: The invocation was given by Pastor Leonard Bradley, Jr., Cypress Church of Christ. 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(d)(2), Number of Cases: One Potential Case. He stated that Police Chief Jackie Gomez - Whiteley has decided to retire effective March 16, 2015, and that confidential personnel claims were discussed. He indicated that a full statement from Chief Gomez - Whiteley would be available to the public, and that the terms of the settlement would be $75,000. He stated that the City Manager would be authorized to sign a settlement agreement and that the City Council unanimously voted in favor of this matter. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Rusty Kennedy and Sean Thomas, Orange County Human Relations Commission, provided an annual overview of Commission programs and services. 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. Ken Vecchiarelli, Golden State Water Company, spoke regarding an upcoming unidirectional flush program and residential outreach. Cecilia Iglesias, Senator Bob Huff's office, introduced herself. Shelley Henderson, Cypress, spoke regarding an upcoming meeting of the Cypress Community Festival Association and available seating for the Los Alamitos Police Department Appreciation luncheon to be held on March 11, 2015. Caroline Vogl, Cypress, spoke regarding residential tree removals and complimented staff on the services provided. 6 CITY COUNCIL MINUTES MARCH 9, 2015 428 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 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 Berry disclosed that she currently serves as President of the Cypress Children's Advocacy Council. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, to approve Consent Calendar Items No. 1 through 10. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBER: Berry Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 23, 2015. Recommendation: That the City Council approve the Minutes of the Meeting of February 23, 2015, as submitted. Item No. 2: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE ANNUAL CONCRETE REHABILITATION, PROJECT NO. 128. Recommendation: That the City Council: 1) Award a contract for the Annual Concrete Rehabilitation, Project No. 128, in the amount of $514,000, to the lowest responsible bidder, Nobest, Inc., Garden Grove, California; authorize a contingency of $77,100 (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 Management and Inspection Services, in the amount of $58,296, within the existing agreement for On -Call Construction Management/ Inspection Engineering Services, for the Annual Concrete Rehabilitation, Project No. 128, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $8,744 (15% of contract amount) to be used for unforeseen work; and direct the Director of Community Development to act as Contract Officer. Item No. 4: AWARD OF CONSTRUCTION AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE ANNUAL SLURRY SEAL, PROJECT NO. 129. Recommendation: That the City Council: 1) Award a contract for the Annual Slurry Seal, Project No. 129, in the amount of $1,056,329, to the lowest responsible bidder, American Asphalt South, Inc., Fontana, California; authorize a contingency of $158,450 (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 Management and Inspection Services, in the amount of $87,016, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for the Annual Slurry Seal, Project No. 129, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $13,052 (15% 7 'Ai It CITY COUNCIL MINUTES MARCH 9, 2015 of contract amount) to be used for unforeseen work; and direct the Director of Community Development to act as Contract Officer. Item No. 5: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE ANNUAL TREE PLANTING, PROJECT NO. 137. Recommendation: That the City Council approve the plans and specifications for the Annual Tree Planting, Project No. 137. Item No. 6: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE SENIOR CENTER AMERICANS WITH DISABILITIES ACT EXTERIOR IMPROVEMENTS, PROJECT NO. 113. Recommendation: That the City Council approve the plans and specifications for the Senior Center Americans with Disabilities Act Exterior Improvements, Project No. 113. Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE SEWER IMPROVEMENTS AT VARIOUS LOCATIONS, PROJECT NO. 116. Recommendation: That the City Council approve the plans and specifications for the Sewer Improvements at Various Locations, Project No. 116. Item No. 8: CANCELLATION OF THE SEWER REHABILITATION AT VARIOUS LOCATIONS, PROJECT NO. 77. Recommendation: That the City Council cancel the contract with MMC, Inc. for the Sewer Rehabilitation at Various Locations, Project No. 77. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 33470 THROUGH 33607. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2014 -15. Recreation and Park District Matters: Item No. 10: ACCEPTANCE OF THE BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRAM. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $4,000 from the Bandai Foundation via the Cypress Children's Advocacy Council; and 2) Increase the Fiscal Year 2014 -15 District Budget as follows: - 212 - 99999.3713 (Donations) by $4,000 - 212 - 90310.4103_004 (Supplies) by $1,765 - 212 - 90310.4104_015 (Clothing) by $1,600 for uniforms - 212 - 90310.4187_035 (Contract Services- Private Sports Officials) by $135 for game finals - 212 - 90316.4187_023 (Contract Services) by $500 END OF CONSENT CALENDAR NEW BUSINESS: Item No. 11: CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH SNIDER AND ASSOCIATES FOR STRATEGIC PLANNING FACILITATION. The City Manager provided background information on this item. 8 429 CITY COUNCIL MINUTES MARCH 9, 2015 It was moved by Council Member Morales and seconded by Council Member Peat, that the City Council approve an agreement with Snider and Associates for the facilitation of strategic planning sessions. 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. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Johnson requested reports from the Council Members on their respective committee assignments. Council Member Berry: Attended an O.C. Transportation Authority Special Needs Advisory Committee meeting. Attended the funeral services for Cypress resident Mary O'Hara. Attended a Collaborative Services Summit in Costa Mesa. Attended the Cypress College Americana Awards. Attended the Woman's Club of Cypress General Membership meeting. Attended the Cypress Hyatt House Open House. Attended the Cypress Senior Citizens Center Spelling Bee. Council Member Morales: Attended a Collaborative Services Summit in Costa Mesa. Attended the Cypress College Americana Awards. Congratulated the Cypress High School Girls' Varsity Soccer team on their recent success. Council Member Peat: Attended a Cypress Village Homeowners Association community meeting. Attended the Cypress College Americana Awards. Met with the Veterans Recognition committee. Council Member Yarc: Attended an O.C. Sanitation District Board meeting. Attended a California Federation of Woman's Club Board meeting. Attended the Cypress College American Awards. Attended the Woman's Club of Cypress General Membership meeting. Attended an O.C. Sanitation District Operations Committee meeting. Council Member Johnson: Attended a ribbon cutting for Premier Smiles Dentistry. Attended the funeral services for Cypress resident Mary O'Hara. Attended an O.C. Fire Authority Board meeting. Attended a meeting with Cypress resident Mr. Smith. Participated in the Los Alamitos 9 430 CITY COUNCIL MINUTES MARCH 9, 2015 431 Race on the Base. Attended the Cypress College Americana Awards. Met with Dennis Freeman from the Event Newspaper. Met with Province Group. Attended the Cypress Hyatt House Open House. Attended the Chapman University 16th Annual Holocaust Art and Writing Contest. Attended the Cypress High School Girls' Varsity Soccer Team Championship game. Attended a meeting with O.C. Supervisor Michelle Steel. ITEMS FROM CITY MANAGER: The City Manager informed that the Environmental Impact Report (EIR) Scoping Meeting for the 33 Acre Site would be held on Monday, March 16, 2015 at 6:30 p.m. at the Courtyard Marriott Hotel. ADJOURNMENT: Mayor Johnson adjourned the meeting in memory of Kenneth Liu, father of June Liu, Director of Recreation and Community Services, at 7:38 p.m. to Monday, March 23, 2015, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 10 MAYOR THE CITY OF CYPRESS