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2015-11-09071 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 9, 2015 The City Attorney reported that the Closed Session regarding Conference with Legal Counsel — Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Cerritos et al., v. State of California et al., Case Number C070484, California Court of Appeal, Third Appellate District would not be held. ORAL COMMUNICATIONS: None. 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 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 Chief of Police 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 Water Quality Manager Gonzalo Vazquez Assistant Planner Judy Aquino Management Analyst Anna Sanchez 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 Pastor Travis Carreiro, Seacoast Grace 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 Closed Session regarding Conference with Legal Counsel — Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Cerritos et al., v. State of California et al., Case Number C070484, California Court of Appeal, Third Appellate District was not held. CITY COUNCIL MINUTES NOVEMBER 9, 2015 072 PRESENTATIONS: Mayor Johnson presented a proclamation to the Kiwanis Club of Cypress recognizing November 16, 2015 as "Kiwanis Day" in the City of Cypress. Mayor Johnson recognized Cypress Veteran Chuck Koester. Cecilia Iglesias, State Senator Bob Huff's office, presented a Certificate of Special Recognition to Cypress Veteran Chuck Koester. Dr. Jennifer Hawkins, O.C. Animal Care, and Steve Franks, O.C. Community Resources, provided an update on services and the 2015 Grand Jury Report. 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. Brent Neben, Ygrene Energy Fund, spoke regarding the Property Assessed Clean Energy (PACE) program. George O'Hara, Cypress, spoke regarding the Boys & Girls Club of Cypress' fundraiser and the Cypress Chamber of Commerce upcoming activities and events. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPROVE A ONE -LOT SUBDIVISION AND CONSTRUCT ONE DETACHED CONDOMINIUM UNIT AT 5402 CRESCENT AVENUE — CONDITIONAL USE PERMIT NO. 3045 AND TENTATIVE PARCEL MAP NO. 2015 -157. The Assistant Planner provided background information on this item. Council Member Berry asked if the front unit modifications would be done at the same time as construction of the two -story condominium unit on the rear of the property. The Assistant Planner replied that front unit modifications would be phase one of the project. Council Member Berry indicated that she visited the subject site and asked if other properties in the area have similarly deep lots. The Assistant Planner responded in the affirmative. Mayor Johnson spoke of similar lots in the area and if there would be parking concerns should all seven lots in the area desire to construct a similar project. The Assistant Planner indicated that future projects would have to meet the parking requirements. Mayor Johnson asked if parking is available on Crescent Avenue. The Assistant Planner responded no. Mayor Johnson asked the applicant if he agrees with the Conditions of Approval. The applicant, Mehrdad Tabar, stated that he agrees with the Conditions of Approval. The public hearing was opened. Mayor Johnson asked if there was anyone who wished to speak on this item. 2 CITY COUNCIL MINUTES NOVEMBER 9, 2015 073 The public hearing was closed. It was moved by Council Member Peat and seconded by Council Member Berry, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 3045 and Tentative Parcel Map No. 2015 -157, subject to the conditions in Exhibit "A" of the Resolutions. 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. 6539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3045 — WITH CONDITIONS RESOLUTION NO. 6540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 2015 -157 — WITH CONDITIONS Item No. 2: AN ORDINANCE EXTENDING BY 10 MONTHS AND 15 DAYS THE ORIGINAL 45 DAY MORATORIUM ESTABLISHED BY INTERIM ORDINANCE NO. 1150 ON NEW RESIDENTIAL USES, INCLUDING MULTI - FAMILY AND MIXED USE, IN THE OFFICE PROFESSIONAL, COMMERCIAL NEIGHBORHOOD, COMMERCIAL GENERAL AND COMMERCIAL HEAVY ZONES. The Director of Community Development and City Planner provided background information on this item. Mayor Pro Tem Yarc asked if City Ventures submitted a new plan. The City Planner responded that City Ventures submittal was a continuation of their existing plan and that it would not be affected by the moratorium. The public hearing was opened. Mayor Johnson asked if there was anyone who wished to speak on this item. John Roper, Cypress, spoke in support of this item. Stacia DeFazio, Cypress, spoke in support of this item. The public hearing was closed. It was moved by Council Member Morales and seconded by Council Member Peat, that the City Council: 1) Conduct a public hearing to consider the extension of the Ordinance; and 2) Waive further reading and adopt, by a four -fifths (4/5) vote of the City Council, the Ordinance by title only, (to take effect immediately prior to expiration of Interim Ordinance No. 1150), which extends for an additional 10 months and 15 days, Interim Ordinance No. 1150 establishing a moratorium on the approval of any projects proposing residential development in commercial zones except for any project where a development application submittal has been provided to the City prior to adoption of the Ordinance. 3 CITY COUNCIL MINUTES NOVEMBER 9, 2015 074 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 ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING BY 10 MONTHS AND 15 DAYS THE ORIGINAL 45 DAY MORATORIUM ESTABLISHED BY INTERIM ORDINANCE NO. 1150, PROHIBITING THE PERMITTING OF RESIDENTIAL USES IN ANY COMMERCIAL ZONES WITHIN THE CITY AS SUCH ZONES ARE DEFINED IN SECTION 2.06.030, OF ARTICLE 2 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE 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. 9, the Warrant Register, includes warrant 36319 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 36319 for the reason disclosed. It was moved by Council Member Berry and seconded by Council Member Peat, to approve Consent Calendar Items No. 3 through 9. 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. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF OCTOBER 22 AND OCTOBER 26, 2015. Recommendation: That the City Council approve the Minutes of the Meetings of October 22 and October 26, 2015, as submitted. Item No. 4: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: PROCLAIM NOVEMBER 16, 2015 AS "KIWANIS DAY" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim November 16, 2015 as "Kiwanis Day" in the City of Cypress. Item No. 6: PROCLAIM NOVEMBER 13, 2015 AS "WORLD PANCREATIC CANCER DAY" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim November 13, 2015 as "World Pancreatic Cancer Day" in the City of Cypress. Item No. 7: AWARD OF CONTRACTS FOR THE STORM WATER QUALITY IMPROVEMENTS AT VARIOUS LOCATIONS, PROJECT 115. Recommendation: That the City Council: 1) Award a contract for the Storm Water Quality Improvements Project 115, in the amount of $99,615, to the lowest responsible bidder, GCI Construction, Inc., and authorize a contingency of $14,950; and 2) Approve a 4 CITY COUNCIL MINUTES NOVEMBER 9, 2015 075 Task Order for Construction Inspection Services to Vali Cooper and Associates, Inc., for $9,988, and authorize a contingency of $1,498; and 3) Award a contract to Bio Clean Environmental, Inc. in the amount of $140,454 for the purchase of Modular Wetland units; and 4) Award a contract to Contech Engineered Solutions, Inc. in the amount of $64,638 for the purchase of Filterra units. Item No. 8: AWARD OF CONTRACT AND REJECTION OF BIDS FOR STORM WATER QUALITY IMPROVEMENTS AT VARIOUS LOCATIONS, PROJECT 158. Recommendation: That the City Council: 1) Reject the bid received for the Storm Water Quality Improvement Project 158; and 2) Award a contract in the amount of $155,703.36 to United Storm Water, Inc. for the purchase and installation of water quality devices through the County of Orange's Cooperative Purchasing Program, consistent with Cypress Municipal Code Section 21A- 10(e). Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 36216 THROUGH 36394. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2015 -16. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 10: OVERVIEW OF OPENGOV FINANCIAL TRANSPARENCY WEBSITE. The Assistant Director of Finance and Administrative Services provided background information on this item. Mayor Johnson asked about community outreach. The Assistant Director of Finance and Administrative Services indicated that the financial transparency webpage would be announced on the City's social media site. The City Manager stated that the OpenGov link is readily available on the City's website. Council Member Berry asked about the user - friendliness of the financial transparency application and asked about its compatibility should the City's website be changed next year. The Assistant Director of Finance and Administrative Services responded that OpenGov is hosted by a separate company and that the look of it would not change. Council Member Peat suggested that forms of community outreach other than social media be used. Mayor Pro Tem Yarc asked if City staff or the website service handles the inputting of information. The Assistant Director of Finance and Administrative Services responded that the data would be updated monthly with information directly from the City's financial system. It was moved by Council Member Morales and seconded by Council Member Peat, that the City Council receive and file the report. 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 5 CITY COUNCIL MINUTES NOVEMBER 9, 2015 Item No. 11: EXTENSION OF CONTRACT TO ALL CITY MANAGEMENT SERVICES, INC., FOR CROSSING GUARD SERVICES. The Chief of Police provided background information on this item. Council Member Berry asked about traffic changes that may affect the assigned locations or the need for additional crossing guards. The Chief of Police stated that an updated crossing guards needs study was requested in 2013 -2014. The Director of Community Development indicated that the 2013 crossing guard analysis determined that the services are sufficient. The City Manager stated that the contract amendment includes three additional crossing guard locations. Council Member Morales asked about crossing guard services at the corner of Orange Avenue and Grindlay Street. The Director of Community Development responded that a crossing guard request at the corner of Orange Avenue and Grindlay Street has not been made, however it would need to be requested through the Cypress School District then submitted to the Traffic Commission for consideration. Council Member Morales asked about financial restitution should a crossing guard be a no -show. The Chief of Police indicated that crossing guard no -shows are extremely rare, and that a Police Aide or other Police personnel would fill in should that occur. Council Member Peat asked if the Anaheim Union High School District and the Cypress School District are conferred with for crossing guard services. The Chief of Police responded in the affirmative. Mayor Johnson asked about crossing guard training. The Chief of Police indicated that a crossing guard training requirement is included in the contract. It was moved by Council Member Peat and seconded by Council Member Berry, that the City Council: 1) Extend the contract with All City Management Services, Inc., for Crossing Guard services through June 30, 2016, and authorize the City Manager to sign this contract extension; and 2) Direct staff to complete a new informal bidding process by March 2016 per Municipal Code Section 21A -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 Item No. 12: CONSIDERATION OF ADOPTION OF THE UPDATED STRATEGIC PLAN. The City Manager provided background information on this item. Mayor Johnson spoke regarding the strategic planning session that was held on October 22, 2015. 6 076 CITY COUNCIL MINUTES NOVEMBER 9, 2015 077 It was moved by Council Member Morales and seconded by Council Member Berry, that the City Council adopt the updated Strategic Plan, including the six -month strategic objectives. 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. 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 a Woman's Club New Membership Orientation meeting. Attended a Soroptimist meeting. Attended the Mayor's Prayer Breakfast. Attended an O.C. Public Library Board Advisory meeting. Attended the Mackay Place groundbreaking. Attended a Woman's Club of Cypress General Membership meeting. Attended a SCAG Community Economic and Human Development Committee meeting. Attended the Boys and Girls Club of Cypress fundraiser. Attended the Cypress Farmers Market. Announced the Woman's Club of Cypress' Veterans Appreciation Picnic to be held on Saturday, November 14, 2105, at Veterans Park. Council Member Morales: Volunteered for the Toshiba Classic Professional Golf Tour. Attended the Mayor's Prayer Breakfast. Attended the Cypress Police VIP luncheon. Attended the Boys and Girls Club of Cypress fundraiser. Council Member Peat: Attended the Mayor's Prayer Breakfast. Attended the Boys and Girls Club of Cypress fundraiser and thanked the Los Alamitos Race Track for hosting the event. Mayor Pro Tem Yarc: Attended an O.C. Sanitation District Board meeting. Attended the Mayor's Prayer Breakfast. Attended an O.C. Woman's Club fundraiser. Attended the Mackay Place groundbreaking. Attended a Woman's Club of Cypress General Membership meeting. Attended an O.C. Sanitation District Operations Committee meeting. Attended the Cypress Police VIP luncheon. Attended the Cypress College auction meeting. Attended the Boys and Girls Club of Cypress fundraiser. Attended the Cypress Farmers Market. Mayor Johnson: Attended the Mayor's Prayer Breakfast. Attended the Mackay Park groundbreaking. Attended the Cypress Police VIP luncheon. Attended a Waste Commission General meeting. Attended a City Selection meeting. Attended the Boys and Girls Club of CITY COUNCIL MINUTES NOVEMBER 9, 2015 078 Cypress fundraiser. Asked about street pole banners for Veterans. Spoke of the Police Department promotions. ITEMS FROM CITY MANAGER: The City Manager stated that City Ventures has resubmitted its development plans for the proposed Orange Avenue project and that the information is available on the City's website. Informed that the community meeting to discuss land use and planning would be held on January 14, 2016, 6:00 p.m. — 8:00 p.m., at the Cypress Community Center. Announced that City offices would be closed on Wednesday, November 11, 2015 in observance of Veterans' Day. Spoke of the park design at the former Mackay School site neighborhood meeting held on Wednesday, November 4, 2015, and informed that the next meeting would be held on Tuesday, November 17, 2015, 7:00 p.m., at the Recreation and Community Services Commission meeting at the Cypress Community Center. Announced that Speedo is a new business in the City. Spoke of the Movember men's health awareness campaign. Dave Steffan, O.C. Fire Authority Division Chief, spoke regarding arson near the Los Alamitos Race Track. ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:59 p.m. to Monday, November 23, 2015, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8 MAYOR HE CITY OF CYPRESS