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HomeMy WebLinkAbout2016-01-11092 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11, 2016 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Yarc in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor Mariellen Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Assistant City Attorney Lindsay Tabaian Director of Finance and Administrative Services Matt Burton Assistant Director of Finance and Administrative Services Donna Mullally 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(d)(1), Victor Ramos v. City of Cypress, et al., Case No. SACV15 -470 CJC (JCGx), U.S. District Court Central District. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators: Peter Grant and Matt Burton, Employee Groups: Police Management Association, Cypress Police Officers' Association. 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 Yarc. Members present: Mayor Mariellen Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor Assistant City Attorney Lindsay Tabaian 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 Police Commander Tom Bruce Police Commander Jim Olson City Engineer Kamran Dadbeh CITY COUNCIL MINUTES JANUARY 11, 2016 093 City Planner Doug Hawkins Associate Planner Kori Sanders Redevelopment Project Manager Steve Clarke Recreation Superintendent Dena Diggins Water Quality Manager Gonzalo Vazquez Management Analyst Anna Sanchez Public Works Superintendent Kirk Streets Public Works Supervisor Greg Woods 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 Morales. INVOCATION: The invocation was given by Pastor Mike McKay, Cypress 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(d)(1), Victor Ramos v. City of Cypress, et al., Case No. SACV15 -470 CJC (JCGx), U.S. District Court Central District. He stated that no reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators: Peter Grant and Matt Burton, Employee Groups: Police Management Association, Cypress Police Officers' Association. He stated that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: The Director of Community Development introduced Public Works Superintendent Kirk Streets and Landscape Maintenance Supervisor Greg Woods. The Director of Community Development, Chief of Police, and O.C. Fire Authority Division Chief made a presentation regarding El Nino preparation. ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Yarc asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. George O'Hara, Cypress Chamber of Commerce, spoke regarding upcoming events and activities. Kathleen Wiedel, Cypress, complimented the Cypress Police Department on their efforts during the recent rainstorm. PUBLIC HEARiNGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN 5.1!.:■,!."..1TEr..z PER SPEAKER, Uh1LESS EXTENDED BY THE CITY COUNCIL). APPROVE THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2016- 27's7 C' vlMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Th3 Redevelopment Project Manager provided background information on this item. 2 CITY COUNCIL MINUTES JANUARY 11, 2016 094 The public hearing was opened. Mayor Yarc asked if there was anyone who wished to speak on this item. The public hearing was closed. It was moved by Council Member Johnson and seconded by Mayor Yarc, that the City Council adopt the Resolution by title only, approving the City's participation in the Fiscal Year 2016 -2017 Community Development Block Grant Program with the County of Orange and authorize the Mayor to sign the grant request on behalf of the City Council. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2016 -2017 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE Item No. 2: CONSIDERATION OF A REVISED 66 UNIT CONDOMINIUM DEVELOPMENT AND A ONE -LOT SUBDIVISION AT 5300 AND 5400 ORANGE AVENUE — CONDITIONAL USE PERMIT NO. 3034 AND TENTATIVE TRACT MAP NO. 17917. Mayor Yarc, Mayor Pro Tem Morales, and Council Members Berry, Johnson, and Peat disclosed that they have had numerous communications with Cypress residents regarding this item and have met with the project developer. The Planning Manager provided background information on this item. The City Attorney indicated that State law mandates on this project includes the zoning on the site, dating back to 2004, which allows the project as proposed. He stated that State law mandates preferences for multi - family housing and that there would be exposure to litigation for either denial or conditional approval of the project. He stated that he would recommend approval of the project without any additional conditions. Council Member Johnson asked if the project includes a roof deck, similar to that with the City of Buena Park development. The Director of Community Development responded no. Mayor Yarc asked if the Tract Map amendment could be denied should the proposed map not be consistent with applicable General and Specific Plans of the City. The City Attorney responded in the affirmative. Mayor Yarc asked if the project could be denied should the site not be physically suitable for the proposed density and type of development. The City Attorney responded that the project could be denied should there be public health, safety, or welfare concerns. Mayor Yarc asked if that is true for the Tract Map, as well. The City Attorney responded in the affirmative. Mayor Yarc commented that those could be one of the findings. 3 CITY COUNCIL MINUTES JANUARY 11, 2016 The City Attorney responded that the findings would depend on the evidence presented to the City Council, and that the Agenda Report includes Resolutions for the project. Mayor Yarc asked if there are other three -story residential properties in the vicinity. The City Planner replied no. The applicant, Joe Oftelie, City Ventures, stated that he agrees to the Conditions of Approval. He provided a brief biography of his company and housing developments that have included water and energy efficient developments, as well as solar all- electric townhomes. He indicated that he has provided extensive community outreach and has met with stakeholders such as Oxford Academy, Cypress Chamber of Commerce, and the Orange County Fire Authority. He stated that the zoning designation would allow for the project proposal, and that all of the zoning requirements are either met or exceeded. He discussed modifications to the project and an independent traffic study that was conducted. Council Member Johnson asked about the Homeowner's Association's (HOA) parking permits. Mr. Oftelie replied that there would be parking restrictions in the Codes, Covenants, and Restrictions (CC &R's), and that HOA modification could not be made without the City's approval. Council Member Johnson asked about the proposed number of vehicle entrances on Grindlay Street to Walker Street. Mr. Oftelie responded that the project would consolidate three vehicle entrances down to one vehicle entrance. Council Member Johnson asked about the target date for residential move -in. Mr. Oftelie indicated that construction would begin later this year. Council Member Johnson asked about the selling price of the units. Mr. Oftelie responded that the selling price of the units would be $600,000 - $700,000. Council Member Peat asked about the traffic impact for morning and afternoon prime time. Serine Ciandella, Kimley -Horn and Associates, Inc., stated that the traffic impact during the morning peak hours for existing buildings if they were fully occupied would be a total of 47 trips, and that the estimated trips for the residential development would be 29. She indicated that the evening peak hour trips for the existing development would be 67, and that the estimated trips for the residential development would be 34. Council Member Peat asked about a history of traffic accidents in the area and the residential development area. Ms. Ciandella responded that she does not have accident data at that location and commented that the project would consolidate three traffic entrance /exit locations into one. She stated that the intersection was analyzed as a four -way intersection, un- signalized. Council Member Peat asked about the establishment of a keep -clear area. The Director of Community Development replied that the traffic engineer recommendations for a keep -clear area would be considered. Council Member Peat asked about residential concerns with lack of pr:vacv ...cm the three -story units and the installation of privacy glaze on the windows. 4 095 CITY COUNCIL MINUTES JANUARY 11, 2016 Mr. Oftelie stated that privacy glaze on the three -story windows would be accepted as an additional Condition of Approval. Council Member Berry complimented Mr. Oftelie on the number of community meetings he held, and asked why the number of units had not been reduced and why 75 percent of the units remained three -story. Mr. Oftelie responded that meaningful reductions were made based on reality and that the proposed units at 5300 Orange Avenue are shorter than the existing building. He stated that as many two -story units as feasible are proposed and that it became infeasible to do any more two -story units. Council Member Berry asked if infeasible meant economically infeasible. Mr. Oftelie responded in the affirmative. Council Member Berry asked about the traffic analysis which indicated that 12,000 vehicles travel along Orange Avenue on a daily basis and how those travels are spread out throughout the day. Ms. Ciandella responded that she does not have that information and that the 12,000 vehicles calculation was based on the Orange County Transportation Authority traffic flow map, however vehicle trips would typically be in the morning and afternoon peak hours. Council Member Berry asked for clarification on the 47 morning vehicle trips during peak hours for the existing business. Ms. Ciandella responded that, coming in and out of the development, it was counted that there were 47 trips in and out of the driveway during the morning peak hour. Council Member Berry asked for clarification on the proposed development vehicle trips of 29 during the peak hours. Ms. Ciandella replied that the forecasts are based on actual traffic counts conducted at similar facilities based on a single morning peak hour. Council Member Berry asked about the definition of peak hours. Ms. Ciandella indicated that a peak hour would typically be between 7:00 a.m. and 9:00 a.m. and between 5:00 p.m. and 7:00 p.m., and that the peak of the peak would be determined. Council Member Berry asked about traffic signal installation criteria. Ms. Ciandella responded that the installation of a traffic signal would be based on the volume of traffic on the main street, with a minimum of 100 cars. Council Member Berry spoke of the Focused Traffic Analysis requirement of No Pedestrian Crossing signage on both sides of Orange Avenue, and asked who would monitor the pedestrian activity and be responsible for its enforcement. Ms. Ciandella indicated that based on concerns with residential across from the Civic Center, pedestrian crossing would be restricted with signage then monitoring similar to traffic counts would be done. She stated that she is unsure as to who would be responsible. The Director of Community Development stated that the Conditions of Approval require a deposit for the cost of the future signalized pedestrian crossing. He indicated that City staff and the Cypress Police Department would monitor traffic then submit the findings to the Traffic Commission. Council Member Berry asked about garage use restrictions, and spoke of concerns with residents parking in other residential areas and at City Hall. 5 096 CITY COUNCIL MINUTES JANUARY 11, 2016 Mr. Oftelie stated that parking enforcement becomes self - policing and monitored by the HOA, and assured that there are minimal problems with any of the existing developments. Council Member Berry asked if an HOA management company has been selected. Mr. Oftelie responded that the HOA management company likely would be Management Trust. Council Member Berry asked about the HOA dues. Mr. Oftelie replied that he is unsure of the HOA dues, however for projects similar to this one the dues would typically be under $200. Mayor Pro Tem Morales asked if the traffic survey is unbiased. The Director of Community Development indicated that the applicant hired the Traffic Engineer. Mayor Pro Tem Morales asked if the traffic study was a requirement of the developer. Mr. Oftelie responded that the traffic study was not a requirement, however it was highly recommended by City staff. Mayor Yarc asked if increased pedestrian traffic during City events was considered in the traffic study. Mr. Oftelie responded no. Mayor Yarc asked if the proposed project would not make it any more dangerous to the students and pedestrians. Mr. Oftelie responded that the proposed project would make it much safer. Mayor Yarc asked if City Ventures would be willing to indemnity the City should a lawsuit be served to the City due to an accident from increased traffic as a result of the development's tenants. Mr. Oftelie asked how that would that be justified. Mayor Yarc commented that, in her opinion, if someone gets hurt, the City would be sued, and spoke of child safety during City events. Council Member Johnson asked if an overlay of the homes would be at the south end o;. 'O1e existing commercial site. Mr. Oftelie replied that the two -story elements would crossover the existing commercial site. Council Member Johnson asked if the existing trees would be trimmed or removed. Mr. Oftelie responded that he would be open to either tree trimming or removal and that generally the Ficus trees would be removed in order to build a wall up to seven -feet high. He stated that residents would be consulted in the planting of new, compatible trees. The public hearing was opened. Mayor Yarc asked if there was anyone who wished to speak on this item. The following spoke regarding this item: Sue Douglas, Cypress Gene Vaughn, Cypress 6 097 CITY COUNCIL MINUTES JANUARY 11, 2016 098 Colleen Janssen, Cypress Ron Hoshi, Principal, Oxford Academy Tom Greathead, Cypress Connee Liska, Cypress Bruce Berger, Cypress Jon Hultman, Oxford Academy PTSA, Tamara Honegan, Cypress Lisa Brandon, Cypress Don Wood, Cypress, Steven Lamotte, O.C. Building Association Herman Ruethel, Cypress, Cynthia Stone, Cypress, Stacia DeFazio, Cypress Christine Yufeng Tu, Cypress Dan Gomez, Cypress Samuel A. Vena, Cypress Bruce Migdal, Cypress Roberta O'Toole, Cypress Grant Hill, Cypress Cliff lshi, Cypress Rachel Miranda, Cypress John Ghaly, Cypress Mr. Oftelie addressed traffic concerns and informed that the traffic study conducted was based on real life and real time uses in the area of Sycamore Lane. The public hearing was closed. The City Attorney recommended that for procedural purposes, the City Council make a procedural motion to receive and file the additional documents and testimony received. It was moved by Council Member Johnson and seconded by Council Member Berry, that the City Council receive and file the additional documents and testimony. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Council Member Peat questioned opposition to the project, spoke of the unoccupied building on 5400 Orange Avenue, and clarified that the City cannot purchase the property. He stated that he has not seen a lot of facts and data supporting the safety concerns raised. Mayor Pro Tem Morales spoke of his familiarity with traffic in the City and frustration by the amount of misinformation on this matter. He stated that the three area schools are not at their maximum capacity and that Orange Avenue traffic at its peak is at 71% of its capacity. He clarified that the vote before the City Council is not to change the zoning. Council Member Berry spoke in support of the community for voicing their opinions, and expressed concerns with the height, traffic, safety, and quality of life as a result of the project. She commented that the height and massive scale of the project would not be compatible with the surrounding area. Council Member Johnson questioned the actions of the 2004 Council Members and Orange Avenue traffic concerns. He spoke in opposition to the project but commented that all of the Conditions of Approval have been followed by the developer. He encouraged resident attendance to the special City Council meeting to be held on Thursday, January 14, 2016, and thanked the residents for their attendance tonight. Mayor Yarc informed that she has spoken to two of the 2004 Council Members, and they indicated that the action taken was a public hearing for clean -up of the Cypress Municipal Code. She encouraged denial of the project due to safety concerns and 7 CITY COUNCIL MINUTES JANUARY 11, 2016 incompatibility with the surrounding land uses, and stressed that the City Council should do what is in the best interest of the residents. She commended City staff and the City Attorney for clarity of the Agenda Report, and expressed concern with pedestrian safety during special events and activities. It was moved by Council Member Berry and seconded by Mayor Yarc, that the City Council adopt the Resolution conditionally denying Conditional Use Permit No. 3034 without prejudice, with authorization for the applicant to return to the City Council within 120 days with a revised project addressing public health, safety, and welfare concerns. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Berry, Johnson, and Yarc NOES: 2 COUNCIL MEMBERS: Peat and Morales ABSENT: 0 COUNCIL MEMBERS: None The City Attorney stated that, in light of the passage of the prior motion, the City Council should also consider a motion to adopt the Resolution conditionally denying Tentative Tract Map No. 17917, without prejudice, with authorization for the applicant to return to the City Council within 120 days with a revised project addressing public health, safety, and welfare concerns. It was moved by Council Member Berry and seconded by Mayor Yarc, that the City Council adopt the Resolution conditionally denying Tentative Tract Map No. 17917, without prejudice, with authorization for the applicant to return to the City Council within 120 days with a revised project addressing public health, safety, and welfare concerns. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Berry, Johnson, and Yarc NOES: 2 COUNCIL MEMBERS: Peat and Morales ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONDITIONALLY DENYING CONDITIONAL USE PERMIT NO. 3034, WITHOUT PREJUDICE, WITH AUTHORIZATION FOR THE APPLICANT TO RETURN TO THE CITY COUNCIL WITHIN 120 DAYS WITH A REVISED PROJECT ADDRESSING PUBLIC HEALTH, SAFETY, AND WELFARE CONCERNS RESOLUTION NO. 6544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONDITIONALLY DENYING TENTATIVE TRACT MAP NO. 17917, WITHOUT PREJUDICE, WITH AUTHORIZATION FOR THE APPLICANT TO RETURN TO THE CITY COUNCIL WITHIN 120 DAYS WITH A REVISED PROJECT ADDRESSING PUBLIC HEALTH, SAFETY, AND WELFARE CONCERNS At 10:26 p.m., the Mayor recessed the meeting. The meeting was reconvened at 10:34 p.m. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the Cif/ C3uncil to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. 8 099 CITY COUNCIL MINUTES JANUARY 11, 2016 Council Member Morales stated that Agenda Item No. 14, the Warrant Register, includes warrant 36622 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 36622 for the reason disclosed. It was moved by Council Member Johnson and seconded by Council Member Berry, to approve Consent Calendar Items No. 3 through 14. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF NOVEMBER 23 AND DECEMBER 14, 2015. Recommendation: That the City Council approve the Minutes of the Meetings of November 23 and December 14, 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: AWARD CONTRACT FOR THE PREPARATION OF A ZONING CODE AMENDMENT TO ADDRESS RESIDENTIAL USES IN COMMERCIAL ZONES AND AUTHORIZE AN APPROPRIATION OF FUNDS FROM THE CITY'S GENERAL FUND. Recommendation: That the City Council: 1) Award a contract in the amount of $26,400 for the preparation of a Zoning Code Amendment to address residential uses in commercial zones; and 2) Appropriate $26,400 from the unassigned fund balance of the City's General Fund. Item No. 6: APPROVE PLANS AND SPECIFICATIONS FOR THE STREET REHABILITATION PROGRAM, PROJECT 145. Recommendation: That the City Council approve the plans and specifications for the Street Rehabilitation Program, Project 145. Item No. 7: APPROVE PLANS AND SPECIFICATIONS FOR THE ANNUAL OVERLAY, PROJECT 131. Recommendation: That the City Council approve the plans and specifications for the Annual Overlay, Project 131. Item No. 8: ACCEPT SEWER REHABILITATION AT VARIOUS LOCATIONS, PROJECT 116. Recommendation: That the City Council accept the Sewer Rehabilitation at Various Locations in the final amount of $1,139,226.60 and approve the final retention payment of $56,961.33 to Paulus Engineering, Inc. Item No. 9: AWARD CONTRACT FOR STORMWATER INSPECTIONS OF INDUSTRIAL AND COMMERCIAL FACILITIES. Recommendation: That the City Council award a contract to Charles Abbott Associates, Inc. for performance of Stormwater Inspections for Industrial and Commercial Facilities in an amount not to exceed $70,000 annually, for a pericd of three years with the option of two one -year extensions. 9 100 CITY COUNCIL MINUTES JANUARY 11, 2016 Item No. 10: ACCEPTANCE OF THE URBAN AREA SECURITY INITIATIVE (UASI) SUB - RECIPIENT AGREEMENT. Recommendation: That the City Council: 1) Approve the FY 2015 Urban Area Security Initiative (UASI) Sub - Recipient Agreement; and 2) Authorize the City Manager to execute such application(s) as may be necessary to obtain the FY 2015 Urban Area Security Initiative grant funds. Item No. 11: AWARD CONTRACT FOR LEGAL SERVICES FOR LABOR NEGOTIATIONS. Recommendation: That the City Council award a contract to Liebert Cassidy Whitmore (LCW) to provide legal services pertaining to the forthcoming negotiations with public safety employee associations. Item No. 12: APPROVE RESOLUTIONS REVISING THE CLASS SPECIFICATION OF POLICE SUPPORT SERVICES SUPERVISOR AND ADDING THE CLASSIFICATION TO THE MID - MANAGEMENT UNREPRESENTED EMPLOYEE GROUP. Recommendation: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, revising the class specification of Police Support Services Supervisor; and 2) Adopt the Resolution by title only, adding the classification of Police Support Services Supervisor to the unrepresented Mid - Management employee group. RESOLUTION NO. 6545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, REVISING THE CLASS SPECIFICATION OF POLICE SUPPORT SERVICES SUPERVISOR RESOLUTION NO. 6546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION 6515 TO ADD THE CLASSIFICATION OF POLICE SUPPORT SERVICES SUPERVISOR TO THE MID - MANAGEMENT PAY AND BENEFITS PLAN Item No. 13: RECEIVE AND FILE INVESTMENT REPORT FOR THE MONTH OF NOVEMBER 2015. Recommendation: That the City Council receive and file the Investment Report for the month of November 2015. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 36529 THROUGH 37012. 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. 15: CONSIDERATION OF AMENDMENTS TO THE CYPRESS ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION AND PROCESSING IN THE CITY OF CYPRESS. The Assistant City Attorney provided background information on this item. 10 101 CITY COUNCIL MINUTES JANUARY 11, 2016 102 Council Member Berry asked what other cities have done and if their actions have resulted in litigation. The Assistant City Attorney responded that the Medical Marijuana Regulation and Safety Act (MMRSA) was adopted two months ago and there has not been enough time to determine litigation results. She stated that the law confirms that cities do have the authority to regulate it and that there is a fairly good amount of protection from litigation in the areas of dispensaries and cultivation. She indicated that mobile dispensaries and deliveries is a newer issue that has not yet been vetted through a litigation process. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council introduce for first reading an Ordinance by title only, amending the Zoning Code (Appendix I to the Cypress Municipal Code) to prohibit the cultivation and processing of medical marijuana. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING PORTIONS OF THE ZONING CODE, APPENDIX I, SECTION 2, OF THE CYPRESS MUNICIPAL CODE TO PROHIBIT MARIJUANA CULTIVATION AND MARIJUANA PROCESSING IN SPECIFIED ZONING DISTRICTS Item No. 16: AWARD CONTRACTS FOR THE MYRA AVENUE STORM DRAIN NO. 3, PROJECT 143. The Director of Community Development provided background information on this item. Council Member Berry asked if this is the final storm drain improvement. The Director of Community Development stated no, and clarified that this contract would be necessary to bring the current pump station up to standards. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council: 1) Award a construction contract for the Myra Avenue Storm Drain No. 3, Project 143, to Sully - Miller Contracting Company in the amount of $9,477,798 and authorize a contingency of $853,000; and 2) Award a Task Order for Construction Inspection Services to AKM Consulting Engineers in the amount of $572,185 and authorize a contingency of $39,815. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 17: APPROVE 2016 CITY COUNCIL MEETING SCHEDULE. The City Clerk provided background information on this item. Council Member Johnson asked about possible impacts to summer special events. The City Manager assured that not holding a City Council meeting would not affect support for special events. Council Member Johnson asked if a cancelled meeting could still be held if the need arises. 11 CITY COUNCIL MINUTES JANUARY 11, 2016 The City Manager responded in the affirmative, and clarified that a City Council meeting could be called in as few as 24 hours prior to the meeting date. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council approve the proposed 2016 City Council meeting schedule. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 18: JANUARY 14 TOWN HALL MEETING ON LAND USE GROWTH AND DEVELOPMENT PROGRAM AND GROUND RULES. The City Manager provided background information on this item. It was moved by Council Member Berry and seconded by Council Member Johnson, that the City Council approve the meeting program and ground rules for the January 14 Town Hall Meeting on Land Use, Growth and Development. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc 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. Item No. 19: ADOPT ADMINISTRATIVE BUDGET FOR THE CYPRESS SUCCESSOR AGENCY FOR THE SIX -MONTH PERIOD OF JULY 1, 2016 THROUGH DECEMBER 31. 2016. It was moved by Agency Member Berry and seconded by Agency Member Morales, that the Successor Agency adopt the administrative budget for the Successor Agency for the six -month period of July 1, 2016 through December 31, 2016. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Colleen Janssen, Cypress, requested that residents be e- mailed the January 14, 2016, meeting notice. The City Manager responded in the affirmative. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Yarc requested reports from the Council Members on their respective committee assignments. None. 12 103 CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: None. JANUARY 11, 2016 104 ADJOURNMENT: Mayor Yarc adjourned the meeting at 10:50 p.m. to Thursday, January 14, 2016, beginning at 6:00 p.m. at the Cypress Community Center, 5700 Orange Avenue. ATTEST: Pti 11/r/ CITY CLERK OF THE CITY OF CYPRESS 13 MAWOR OF THE CI L OF CYPRESS