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2015-09-14032 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 14, 2015 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Johnson in the Executive Board Room, 5275 Orange Avenue, Cypress, California. 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 Assistant City Attorney Lindsay Tabaian Police Chief Rod Cox ORAL COMMUNICATIONS: None. CLOSED SESSION: 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(a), Richard Linington and Michelle Moreno v. City of Cypress, Case Number 30- 2015 - 00804210- CU- WM -CJC, Orange County Superior Court. At 5:31 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 Marielien Yarc Council Member Stacy Berry Council Member Paulo Morales Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Police Chief Rodney Cox Director of Community Development Doug Dancs Director of Recreation and Community Services June Liu Assistant Director of Finance and Administrative Services Donna Mullally City Engineer Kamran Dadbeh City Planner Doug Hawkins Acting Public Works Superintendent Gonzalo Vazquez Assistant Planner Judy Aquino Management Analyst Anna Sanchez Senior Management Analyst Alisha Farnell Deputy City Clerk Rhonda Barone City Clerk Denise Basham CITY COUNCIL MINUTES SEPTEMBER 14, 2015 033 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Morales. INVOCATION: The invocation was given by Father Rudy Alumam, St. Irenaeus Catholic 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 — Existing Litigation, pursuant to Government Code Section 54956.9(a), Richard Linington and Michelle Moreno v. City of Cypress, Case Number 30- 2015 - 00804210- CU- WM -CJC, Orange County Superior Court. He stated 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. Don Seward, Cypress, spoke regarding coyotes in his neighborhood. Gene Vaughn, Cypress, spoke regarding the proposed Orange Avenue development. Dennis Brandt, Cypress, spoke regarding the proposed Orange Avenue development. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPROVAL OF AN EXPANSION OF AN OUTDOOR DINING AREA FOR JOE SCHMOE'S RESTAURANT AT 5123 BALL ROAD — CONDITIONAL USE PERMIT NO. 3041. The Assistant Planner provided background information on this item. Council Member Berry asked if the Police Department has experienced problems with the current allowed use of alcoholic beverages, and if there are any anticipated issues related to the requested expansion. The Police Chief replied that there have been no reportable issues related to the existing alcohol service, and that there are no anticipated problems. Mayor Pro Tem Yarc asked if the requested expansion is enclosed. The Assistant Planner indicated that the requested expansion is open in the front and that the back is an existing storage area. Cameron Crockett, AIA, representing the applicant, responded that the proposed expansion is completely open and would include Americans with Disabilities Act (ADA) compliant restrooms. The public hearing was opened. Mayor Johnson asked if there was anyone who wished to speak on this item. The public hearing was closed. Council Member Peat asked if the existing Alcoholic Beverage Control (ABC) license could be used. 2 CITY COUNCIL MINUTES The Assistant Planner responded in the affirmative. SEPTEMBER 14, 2015 034 Mayor Johnson disclosed that he recently visited the restaurant and spoke to the owners about the proposed expansion. Mr. Crockett stated that he agrees with the Conditions of Approval, and indicated that the restaurant and expansion would provide a positive reflection on the area. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 3041, subject to the conditions in Exhibit "A." 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. 6531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3041 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -07) — 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. Council Member Morales stated that Agenda Item No. 6, the Warrant Register, includes warrant 35755 for $395.87 for reimbursements he receives as a retired employee of the City of Cypress. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on warrant 35755 for the reason disclosed. Mayor Pro Tem Yarc requested Agenda Item No. 4 be pulled from the Consent Calendar. It was moved by Council Member Berry and seconded by Council Member Morales, to approve Consent Calendar Items No. 2, 3, 5, and 6. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST 24, 2015. Recommendation: That the City Council approve the Minutes of the Meeting of August 24, 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. 5: ACCEPTANCE OF VALLEY VIEW SEWER IMPROVEMENTS, PROJECT 79. Recommendation: That the City Council accept the Valley View Sewer Improvements in the final amount of $211,498.68 and approve the final retention payment of $13,472.37 to Mike Bubalo Construction Company. 3 CITY COUNCIL MINUTES SEPTEMBER 14, 2015 035 Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 35515 THROUGH 35833. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2015 -16. Regarding Item No. 4: CONSIDERATION OF APPOINTMENTS TO FILL TWO VACANCIES ON THE RECREATION AND COMMUNITY SERVICES COMMISSION, Mayor Pro Tem Yarc spoke in support of the Commission appointments and congratulated newly appointed Recreation and Community Services Commissioners Patricia Boggs and Pat O'Toole. It was moved by Mayor Pro Tem Yarc and seconded by Council Member Peat, that the City Council appoint Patricia Boggs and Pat O'Toole to fill the current vacancies on the Recreation and Community Services Commission. 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 END OF CONSENT CALENDAR NEW BUSINESS: Item No. 7: APPROVAL OF COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO REHABILITATE BALL ROAD AND ORANGE AVENUE. 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 Director of Community Development provided background information on this item. Council Member Berry asked about the projects' completion. The Director of Community Development indicated that both overlays would be completed at the same time. It was moved by Council Member Berry and seconded by Council Member Peat, that the City Council approve the Cooperative Agreement with the Orange County Transportation Authority to rehabilitate Ball Road and Orange Avenue. The motion was carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCIL MEMBERS: Berry, Peat, Yarc and Johnson COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: Morales Council Member Morales returned to the dais. Item No. 8: APPROVAL OF SUPPLEMENTAL APPROPRIATIONS AND ESTIMATED REVENUES FOR FISCAL YEAR 2014 -15. The Assistant Director of Finance and Administrative Services provided background information on this item. It was moved by Council Member Morales and seconded by Council Member Peat, that the City Council approve supplemental appropriations of $233,100 and increase estimated revenues by $264,900 for Fiscal Year 2014 -15 as detailed in Attachment A. 4 CITY COUNCIL MINUTES SEPTEMBER 14, 2015 036 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: APPROVAL OF CITY OF CYPRESS FISCAL YEAR 2014 -15 CONTINUING APPROPRIATIONS, REVENUES AND TRANSFERS TO FISCAL YEAR 2015 -16. The Assistant Director of Finance and Administrative Services provided background information on this item. Council Member Peat asked about the ppen purchase orders and programs /projects for which a purchase order has not yet been issued, but are expected to be completed in the new fiscal year. The Assistant Director of Finance and Administrative Services replied that Attachment B reflects the continuing encumbrances for Fiscal Year 2014 -15 to Fiscal Year 2015 -16. It was moved by Council Member Peat and seconded by Council Member Morales, that the City Council: 1) Authorize the appropriation of $3,972,161 in Fiscal Year 2015 -16 for the carryover of items as detailed in Attachment A; and 2) Authorize the appropriation of $5,210,260 in Fiscal Year 2015 -16 for the carryover of items encumbered at June 30, 2015 as detailed in Attachment B; and 3) Authorize the continuation of operating transfers totaling $453,328 and estimated grant revenue totaling $873,400 in Fiscal Year 2015 -16 as detailed in Attachment C to support carryover appropriations. 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. Item No. 10: APPROVAL OF CYPRESS RECREATION AND PARK DISTRICT FISCAL YEAR 2014 -15 CONTINUING APPROPRIATIONS AND TRANSFERS TO FISCAL YEAR 2015 -16. The Assistant Director of Finance and Administrative Services provided background information on this item. Mayor Johnson asked if the Mackay School Site would be included in the carryover appropriations. The Assistant Director of Finance and Administrative Services responded in the affirmative. It was moved by Council Member Peat and seconded by Council Member Berry, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Authorize the appropriation of $216,025 in Fiscal Year 2015 -16 for items encumbered at June 30, 2015, as detailed in Attachment A, in the Cypress Recreation and Park District General Fund (Fund 212); and 2) Authorize the appropriation of $530,000 in Fiscal Year 2015 -16 for the carryover of continuing appropriations, as detailed in Attachment A, in the Cypress Recreation and Park District General Fund (Fund 212); and 3) Authorize the continuation of an operating transfer of $480,000 from the Park Development Fund (Fund 213) to the Cypress Recreation and Park District General Fund (Fund 212) in Fiscal Year 2015 -16 to support carryover appropriations. 5 CITY COUNCIL MINUTES SEPTEMBER 14, 2015 037 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 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 Peat: Attended a Veteran Recognition Committee meeting. Attended a Concert- on -the- Green. Mayor Pro Tem Yarc: Requested that the City Manager provide an update at a future City Council meeting regarding the Grand Jury report with regard to the O.C. Animal Care shelter. Attended an O.C. Sanitation District Board meeting. Attended a Legislative Mixer at the Joint Forces Training Base. Attended an Oversight Board meeting. Attended a Woman's Club of Cypress monthly meeting. Attended an O.C. Sanitation District Operations Committee meeting. Attended a Soroptimist of Cypress meeting. Met with City staff regarding the Lincoln Avenue Specific Plan. Attended an Orange District Woman's Club meeting. Attended a League of Women Voters kick -off meeting. Announced the Cypress Women's Conference to be held on Thursday, September 17, 2015 at the Cypress Community Center. Council Member Morales: Attended two Concerts -on- the - Green. Attended the Chief of Police Badge Pinning ceremony. Council Member Berry: Attended a Soroptimist Installation meeting. Attended a Legislative Mixer at the Joint Forces Training Base. Attended a Woman's Club of Cypress General Membership meeting. Attended a SCAG Community Economic Development Committee meeting. Attended a SCAG Regional Council meeting. Met with City staff regarding the Lincoln Avenue Specific Plan. Participated in the Cypress Children's Advocacy Committee shoe donation. Attended a Boys and Girls Club of Cypress Board meeting. Attended a Vector Control Policy and Personnel Committee meeting. Attended a Veteran Recognition committee meeting. Attended the 60th Wedding Anniversary celebration for Cypress residents Pat and Roberta O'Toole. Mayor Johnson: Attended an O.C. Fire Authority Board meeting. Attended a Legislative Mixer at the Joint Forces Training Base. Attended a Cypress College Foundation meeting. Attended an O.C. Recyclable and Waste meeting. Attended the 60th Wedding Anniversary celebration for Cypress residents Pat and Roberta O'Toole. ITEMS FROM CITY MANAGER: None. 6 CITY COUNCIL MINUTES SEPTEMBER 14, 2015 038 ADJOURNMENT: Mayor Johnson adjourned the meeting at 7:43 p.m. to a special meeting on Monday, September 21, 2015, beginning at 6:00 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAYOR 0 HE CITY OF CYPRESS