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HomeMy WebLinkAbout2016-03-14133 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 14, 2016 A regular meeting of the Cypress City Council was called to order at 6:02 p.m. by Mayor Yarc in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor Marielien 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), City of Cypress et al. v. State of California et al., Sacramento County Superior Court Case Number 34- 2013 - 80001585. 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), KDC, Inc., dba Dynalectric v. Bannaoun Engineers Constructors Corporation, et al. and Bannaoun Engineers Constructors Corporation v. City of Cypress, et al., Case No. 30- 2014 - 00739525- CU- OR -CJC, Orange County Superior Court. 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: Cypress Police Officers' Association. At 6:03 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 CITY COUNCIL MINUTES MARCH 14, 2016 134 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 City Engineer Kamran Dadbeh City Planner Doug Hawkins Police Commander Jim Olson Public Works Superintendent Kirk Streets Senior Civil Engineer Nick Mangkalakiri Management Analyst Anna Sanchez Assistant Planner Judy Aquino City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA. INVOCATION: A moment of silence was observed. 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), City of Cypress et al. v. State of California et al., Sacramento County Superior Court Case Number 34- 2013 - 80001585. He stated that no reportable action was taken. 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), KDC, Inc., dba Dynalectric v. Bannaoun Engineers Constructors Corporation, et al. and Bannaoun Engineers Constructors Corporation v. City of Cypress, et al., Case No. 30- 2014 - 00739525- CU- OR -CJC, Orange County Superior Court. 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: 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 Chief of Police introduced Senior Management Analyst Ariana Kennedy, Police Officer Thomas Flores, and Police Officer Edwardo Pastor. Sean Thomas, Orange County Human Relations Commission, provided an annual update. 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. John Roper, Cypress, spoke regarding the community meeting held on March 8, 2016 and the Lincoln Avenue Specific Plan. Laura Hearn, Cypress Library, spoke regarding upcoming events at the library. Jimmy Fuller, Cypress, spoke regarding high density housing. George Pardon, Cypress, spoke regarding high density development. 2 CITY COUNCIL MINUTES MARCH 14, 2016 135 Stacia DeFazio, Cypress, spoke regarding 2004 zoning. Clyde Schechter, Cypress, spoke regarding a moratorium on residential development. Carol Doss, Cypress, spoke regarding Agenda Item Nos. 5 and 6. The City Manager stated that the five year review of the Lincoln Avenue Specific Plan is anticipated to be agendized on April 11, 2016. 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 PARKING LOT NORTH OF 6461 GLOBAL DRIVE — CONDITIONAL USE PERMIT NO. 3057. The Assistant Planner provided background information on this item. She indicated that the Agenda Report, page 2, should be corrected to reflect 49 required parking spaces plus three excess parking spaces, for a total of 52 required parking spaces. Council Member Johnson asked if the property differs from the property on Lincoln Avenue near Cypress College. The City Planner responded that they are two different railroad right -of -ways with this one being owned by the railroad and the other property owned by the Orange County Transportation Authority. Council Member Berry asked if each portion of the railroad is owned by the property owners. The City Planner responded in the affirmative. Council Member Berry asked if the railroad owns any of the property. The City Planner responded no. Council Member Berry asked if there had been issues or concerns with similar projects. The City Planner responded no. The public hearing was opened. The applicant, Aric Gless, The PlumpGroup, stated that they agree with the conditions of approval. 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 Peat and seconded by Mayor Pro Tem Morales, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 3057, subject to the conditions in Exhibit "A ". 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. 6553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3057 — WITH CONDITIONS. 3 CITY COUNCIL MINUTES MARCH 14, 2016 136 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. Mayor Pro Tem Morales stated that Agenda Item No. 7, the Warrant Register, includes warrant 37641 for $441.53 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 37641 for the reason disclosed. It was moved by Council Member Berry and seconded by Council Member Peat, to approve Consent Calendar Items No. 2 through 7. 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. 2: APPROVE MINUTES. Recommendation: That the City Council approve the Minutes of the Meeting of February 22, 2016, as submitted. Item No. 3: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: AWARD OF CONTRACTS FOR THE ANNUAL SLURRY SEAL, PROJECT 145. Recommendation: That the City Council: 1) Award a construction contract for the Annual Slurry Seal, Project 145, to American Asphalt South, Inc. for $658,728.91 and authorize a contingency of $98,809; and 2) Award a Task Order for Construction Inspection Services to Vali Cooper and Associates, Inc. (VCA) for $96,515 and authorize a contingency of $14,477. Item No. 5: APPROVE FINAL TRACT MAP NO. 17669 FOR 8721 CYPRESS AVENUE. Recommendation: That the City Council approve Final Tract Map No. 17669 and authorize the City Clerk to sign the record map. Item No. 6: APPROVE FINAL TRACT MAP NO. 17853 FOR 9181 BLOOMFIELD STREET. Recommendation: That the City Council approve Final Tract Map No. 17853 and authorize the City Clerk to sign the record map. Item No. 7: APPROVE COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 37430 THROUGH 37708. Recommendation: That the City Council approve the warrant register and wire transfers for Fiscal Year 2015 -16. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 8: PARTIAL TERMINATION OF MITIGATION MONITORING COMPLIANCE AGREEMENT FOR THE RESIDENTIAL AND COMMERCIAL PROPERTIES LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE. 4 CITY COUNCIL MINUTES MARCH 14, 2016 137 The City Planner provided background information on this item. Mayor Yarc asked for clarification as to which section on the map is being discussed. The City Planner responded that Planning Area 9 and portions of Planning Area 6. Mayor Yarc asked if that is the 33 acres that is becoming senior housing, as well as a commercial area on Katella Avenue. The City Planner responded in the affirmative. Mayor Yarc asked if there are any new findings or significant changes in the new Environmental Impact Report (EIR). The City Planner replied that the new EIR looked at the potential impacts of the Barton Place Project and the original EIR looked at the environmental impacts of the golf course at the time. Mayor Yarc asked if there would still be items noticed on the deeds regarding certain things that would have to be complied with by the new land owners. The City Planner stated that the original agreement approved in 1990 would not be required, however there would be new Conditions of Approval for the Conditional Use Permit that would be required as part of this project but not required as part of the title documents. The City Manager stated that it is unusual to record this sort of agreement and requirement against title. Council Member Berry asked if other properties in the area requested a partial termination of the Mitigation and Monitoring Program (MMP) during their development process. The City Planner responded no and clarified that they did not have residential owners who would be buying the properties. Council Member Berry asked if this would affect the commercial area of Barton Place, as well. The City Planner responded in the affirmative. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council authorize the Mayor to execute the partial termination of the Mitigation Monitoring Compliance Agreement for the residential and commercial properties located at the northeast corner of Katella Avenue and Enterprise Drive. 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. 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. CONSENT CALENDAR: The City Manager stated that Agenda Item No. 10 was being pulled at the request of the Friends of Cypress Cultural Arts. 5 CITY COUNCIL MINUTES MARCH 14, 2016 Council Member Johnson requested Agenda Item No. 9 be pulled from the Consent Calendar. Regarding Item No. 9: APPROVE SCHEMATIC DESIGN FOR MACKAY PARK, Council Member Johnson expressed concerns with the cost of the court coating, and asked if the court coating could be put in at a later time should it be determined that the basketball court noise level is too high. The Director of Community Development responded in the affirmative, and clarified that the basketball court coating would provide a non -skid surface and shock absorption. He stated that there would be noise created from the basketball bouncing on the court. Council Member Johnson asked if any of the City's basketball courts have a coating. The Director of Community Development responded no. Council Member Berry asked about the costs for court resurfacing every 8 -10 years. The Director of Community Development stated that court resurfacing would be approximately $10,000 every 10 years. Council Member Berry asked for clarification on the half - basketball court costs. The Director of Community Development indicated that the concrete pad is approximately 2,000 square feet, the actual basketball court is approximately 1,200 square feet, and concrete would cost approximately $9 per square foot. He further indicated that the specialized coating, backboard and other necessary items would bring the total cost for a half - basketball court to approximately $35,000. Mayor Yarc asked if the matter for consideration includes the half - basketball court and specialized court coating. The Director of Community Development responded in the affirmative. Mayor Pro Tem Morales asked about the impacts of applying the court coating at a later date. The Director of Community Development replied that the court coating could be applied at a later date and that striping would have to be done afterwards. Mayor Yarc asked if there are expenditure concerns. Mayor Yarc asked if funds have been budgeted. The City Manager indicated that there are sufficient funds to install the basketball court and to place the rubberized noise dampening surfacing. He clarified that the requested City Council action is for approval of installation of the half - basketball court and the specialized court coating, and that the City Council could make whatever recommendation pleases the City Council. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, approve the schematic design for Mackay Park, without the basketball court coating. A substitute motion was made by Mayor Yarc and seconded by Council Member Peat, that the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, approve the schematic design for Mackay Park. The substitute motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Peat, Morales and Yarc NOES: 2 COUNCIL MEMBERS: Berry and Johnson ABSENT: 0 COUNCIL MEMBERS: None 6 138 CITY COUNCIL MINUTES MARCH 14, 2016 139 ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Yarc requested reports from the Council Members on their respective committee assignments. Council Member Berry: Attended the City of Stanton Mayor's Prayer Breakfast. Attended a Soroptimist program meeting. Attended an O.C. Vector Control retirement. Attended two Smart Girls sessions at the Boys and Girls Club of Cypress. Attended the Boys and Girls Club of Cypress Youth of the Year Awards. Attended the funeral services for Police Services Officer Anthony Palter. Attended the Cypress College Americana Awards. Attended the Poki Doke restaurant grand opening. Attended the League of California Cities Planning Commission conference. Attended the Cypress High School Grad Night fundraiser. Attended a Soroptimist business meeting. Attended the Cypress Farmers Market. Council Member Johnson: Attended a Cypress Chamber of Commerce Board meeting. Attended an O.C. Fire Authority Board of Directors meeting. Attended the Cypress College Americana Awards. Attended the Race on the Base in Los Alamitos. Commended Vans on their 50th anniversary. Acknowledged Mayor Yarc on her recognition by Assemblywoman Young Kim as the 65th Assembly District's Woman of the Year. Council Member Peat: Attended the Cypress College Americana Awards. Attended the swearing -in ceremony for the new Cypress Police Officers and the Senior Management Analyst. Mayor Pro Tem Morales: Attended the funeral services for Police Services Officer Anthony Palter. Attended the Cypress College Americana Awards. Attended the League of California Cities Planning Commission conference. Attended a Water Education Conference in San Jose. Attended the swearing -in ceremony for the new Cypress Police Officers and the Senior Management Analyst. Mayor Yarc: Attended an O.C. Sanitation District Board meeting. Attended the Cypress College Americana Awards. Met with the new owners of the former Bandai building. Joined the Rotary Club of Cypress for lunch. Attended the Woman's Club of Cypress 50th Anniversary luncheon. Attended an O.C. Sanitation District Operations Committee meeting. Read at Landell Elementary School for Read Across America. Attended the Cypress Chamber of Commerce Networking breakfast. Attended the Cypress Farmers Market. ITEMS FROM CITY MANAGER: The City Manager stated that the Spring Egg Hunt would be held March 26, 2016 at Oak Knoll Park. ADJOURNMENT: Mayor Yarc adjourned the meeting at 8:15 p.m. to Monday, March 28, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 • MA • R OF THE CITY J CYPRESS