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HomeMy WebLinkAbout2016-04-25159 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 25, 2016 A regular meeting of the Cypress City Council was called to order at 6:01 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 Director of Finance and Administrative Services Matt Burton 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), Charlotte Parker v. City of Cypress, Case No. 30 -2015- 00810068-CU-PT-CJC, Orange County Superior Court. 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 Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators: Peter Grant and Matt Burton, Employee Groups: Cypress Police Officers' Association, Cypress Maintenance Employees' Association. At 6:02 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 7:06 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 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 COUNCIL MINUTES APRIL 25, 2016 160 City Planner Doug Hawkins Associate Planner Kori Sanders Assistant Planner Judy Aquino Senior Civil Engineer Nick Mangkalakiri Water Quality Manager Gonzalo Vazquez Public Works Superintendent Kirk Streets 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 Morales. INVOCATION: The invocation was given by Pastor Doyle Surratt, 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 City Council met in Closed Session regarding Conference with Legal Counsel — Existing Litigation, pursuant to Government Code Section 54956.9(d)(1), Charlotte Parker v. City of Cypress, Case No. 30 -2015- 00810068-CU-PT-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 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 Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiators: Peter Grant and Matt Burton, Employee Groups: Cypress Police Officers' Association, Cypress Maintenance Employees' Association. He stated that no reportable action was taken. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Mayor Yarc recognized Cypress Veteran Salvatore Micciche. Al Murray and Heather Stratman, Association of California Cities — Orange County, made a presentation regarding ACC -OC. 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. Shelley Henderson, O.C. Breeze, spoke regarding community events. Don Seward, Cypress, spoke regarding Lincoln Avenue development. Laurie Chrispen, Cypress, spoke regarding lighting at the Caldwell Dentistry development. 2 CITY COUNCIL MINUTES APRIL 25, 2016 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING FOR A CONDITIONAL USE PERMIT TO APPROVE A BODY ART STUDIO AT 4143 BALL ROAD — CONDITIONAL USE PERMIT NO. 3062. The Assistant Planner provided background information on this item. Council Member Berry asked if this would be the first tattoo studio in Cypress. The Assistant Planner responded in the affirmative. Council Member Berry asked if the Cypress Police Department had any concerns. The Chief of Police responded no. Council Member Johnson asked about Health Code regulations. The Assistant Planner indicated that compliance with the County of Orange Health Care Agency Environmental Health, Cypress Ordinance, and property owner regulations must be met. Council Member Johnson asked if the applicant owns this type of business in another city. The Assistant Planner responded in the affirmative. Council Member Johnson asked if there had been complaints at the other location. The Assistant Planner responded no. Council Member Johnson asked if the business would be restricted to front door access. The Assistant Planner responded in the affirmative. Mayor Yarc asked if the applicant has a business in the City of Artesia. The Assistant Planner responded in the affirmative. The public hearing was opened. The applicant, Dustin Yip, stated that he agrees with the conditions of approval, and spoke regarding his current business location in Artesia. He indicated that the new business would have a public art gallery in the waiting area. Council Member Johnson asked about licensed tattoo artist requirements. Mr. Yip replied that tattoo artists would be licensed with the Orange County Health Department, as well as an annual blood borne pathogens course. Mayor Yarc asked why Cypress was chosen as the location for his business. Mr. Yip stated that he grew up in Cerritos and frequents the shopping center. Mayor Yarc asked if there was anyone who wished to speak on this item. Roberta O'Toole, Cypress, spoke in opposition. Jim Brandon, Cypress, spoke in opposition. The public hearing was closed. 3 161 CITY COUNCIL MINUTES Mayor Yarc expressed her opposition of this item. Council Member Berry spoke in support of tattoos as an expression of art. APRIL 25, 2016 162 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. 3062, subject to the conditions in Exhibit "A ". The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat, and Morales NOES: 1 COUNCIL MEMBERS: Yarc ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3062 Item No. 2: PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR ADDITIONAL HOME SPACES AT 9080 BLOOMFIELD STREET — AMENDMENT TO CONDITIONAL USE PERMIT NO. C -197. The City Planner provided background information on this item. Council Member Berry asked if the applicant is aware of the licensed engineer requirement. The City Planner responded in the affirmative. Council Member Johnson asked about the need for additional parking. The City Planner responded that additional vehicle parking would be needed, and that residents have indicated that the current available parking is inadequate. Council Member Peat asked about the sewer spill that occurred in September 2015 and if a letter requesting reimbursement to the City had been sent to the applicant. The Director of Community Development responded in the affirmative. The public hearing was opened. The applicant was not in attendance. Mayor Yarc asked if there was anyone who wished to speak on this item. Jeanette Harris, Cypress, spoke regarding parking concerns. Bill Wostenberg, Cypress, spoke in opposition. Andrea Penate, Cypress, spoke regarding time needed to relocate, if approved. The public hearing was closed. Council Member Johnson spoke regarding parking concerns at the mobile home park and that he is not in favor of the additional home spaces. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council: 1) Conduct the public hearing on the application to amend Conditional Use Permit No. C -197; and 2) Adopt the Resolution by title only, for Denial of Amendment to Conditional Use Permit No. C -197 without prejudice. 4 CITY COUNCIL MINUTES APRIL 25, 2016 163 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. 6558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONDITIONALLY DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. C -197, WITHOUT PREJUDICE, WITH AUTHORIZATION FOR THE APPLICANT TO RETURN TO THE CITY COUNCIL WITHIN 90 DAYS WITH THE REQUESTED DOCUMENTATION REGARDING THE ADEQUACY OF THE MOBILE HOME PARK INFRASTRUCTURE 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. 11, the Warrant Register, includes warrant no. 38072 for $255.60 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 no. 38072 for the reason disclosed. It was moved by Council Member Johnson and seconded by Council Member Peat, to approve Consent Calendar Items No. 3 through 11. 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: APPROVE MINUTES. Recommendation: That the City Council approve the Minutes of the Meeting of April 11, 2016, 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: SECOND READING OF AN ORDINANCE AMENDING PORTIONS OF CYPRESS MUNICIPAL CODE CHAPTER 15A, MASSAGE ESTABLISHMENTS. Recommendation: That the City Council adopt the Ordinance by title only, approving amendments to portions of Cypress Municipal Code Chapter 15A, Massage Establishments (the "Amended Ordinance "). ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 15A OF THE CYPRESS MUNICIPAL CODE Item No. 6: ACCEPT SEWER REHABILITATION AT VARIOUS LOCATIONS, PROJECTS 133 AND 134. Recommendation: That the City Council accept the Sewer Rehabilitation at Various Locations, Projects 133 and 134 in the final amount of $1,145,671.04 and approve the final retention payment of $57,283.55 to Kordich Construction, Inc. 5 CITY COUNCIL MINUTES APRIL 25, 2016 164 Item No. 7: ACCEPT ANNUAL CONCRETE REHABILITATION, PROJECT 153. Recommendation: That the City Council accept the Annual Concrete Rehabilitation, Project 153 and approve the final retention payment of $21,286.21 to FS Construction, Inc. Item No. 8: ADOPT A RESOLUTION TO SUBMIT APPLICATIONS FOR CALRECYCLE PAYMENT PROGRAMS. Recommendation: That the City Council adopt the Resolution by title only, to authorize: 1) The submittal of applications to CalRecycle for eligible Payment Program opportunities until rescinded; and 2) The Community Development Director to execute all necessary applications, contracts, payment requests, agreements and amendments for the purpose of securing CalRecycle Payment Program funding. RESOLUTION NO. 6559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING SUBMITTAL OF AN APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS Item No. 9: RECEIVE AND FILE THE ANNUAL SOLID WASTE SERVICE CONSUMER PRICE INDEX RATE ADJUSTMENT. Recommendation: That the City Council receive and file the consumer price index rate adjustment for solid waste rates for residential and commercial customers. Item No. 10: RECEIVE AND FILE THE INVESTMENT REPORT FOR THE MONTH OF MARCH 2016. Recommendation: That the City Council receive and file the Investment Report for the month of March 2016. Item No. 11: APPROVE WARRANTS, ELECTRONIC FUNDS TRANSFERS AND WIRES FOR THE PERIOD MARCH 28, 2016 THROUGH APRIL 8, 2016. Recommendation: That the City Council approve the warrant register and wire transfers. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 12: RECEIVE AND FILE THE SCHEMATIC POLICE DEPARTMENT SPACE PLAN AND AMEND THE SPACE PLANNING CONTRACT WITH BOA ARCHITECTURE. The Senior Civil Engineer provided background information on this item. Council Member Peat asked about the schematic plan and if additional departmental needs would still need to be addressed. The Director of Community Development responded that the schematic plan meets the current needs of the department. Mayor Yarc asked about the cost of the project. The Director of Community Development replied that the area above the parking deck needs to assessed in order to insure the viability of the addition and that reorganization of the existing space requires a restart to the process. Mayor Yarc asked about additional costs compared to the original plan. 6 CITY COUNCIL MINUTES APRIL 25, 2016 165 The Director of Community Development responded that he does not have that information. Council Member Johnson asked if Narcotics Asset Seizure funds would be used. The Director of Community Development responded in the affirmative. Council Member Johnson asked if the Narcotics Asset Seizure funds deplete. The City Manager indicated that the Narcotics Asset Seizure funds are used cautiously and for one -time costs in case the revenue source depletes. Mayor Yarc asked if it was the decision of the Cypress Police Department to use the Narcotics Asset Seizure funds. The City Manager replied that use of the Asset Seizure Funds was a joint recommendation from the City's Finance and Community Development Departments. Council Member Peat asked about costs for seismic upgrades and Americans with Disabilities Act (ADA) costs. The Director of Community Development indicated that once a certain amount of money is spent on the project, ADA compliance is required, and that staff intended to move forward with the seismic upgrades. Council Member Berry asked about vehicle parking relocation. The Director of Community Development responded that vehicle parking would be relocated to the back end of the upper deck with a turn -in. It was moved by Council Member Peat and seconded by Council Member Johnson, that the City Council: 1) Receive and file the schematic Police Department space plan; and 2) Authorize the City Manager to enter into Amendment No. 1 to the Contract Agreement with BOA Architecture, in the amount of $23,500, to examine expansion opportunities to best configure the Police Department, for an amended contract amount of $73,500; and 3) Transfer $23,500 from the Narcotics Asset Seizure Fund to the Capital Improvement Projects Fund and appropriate $23,500 for additional space planning costs. 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. 13: CONSIDERATION OF ADOPTION OF THE UPDATED STRATEGIC PLAN. 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 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, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 7 CITY COUNCIL MINUTES APRIL 25, 2016 166 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. 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 for the Cypress Recreation and Park District, to approve Consent Calendar Item No. 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 CONSENT CALENDAR: Item No. 14: CONSIDERATION OF APPROVAL OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S SERVICE PLAN FOR THE SENIOR MOBILITY PROGRAM. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, approve the Orange County Transportation Authority's Agency Service Plan updating the scope of work for the next Senior Mobility Program agreement. 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 Cypress Chamber of Commerce Networking breakfast. Attended a Soroptimist Business meeting. Attended the PACE Graduation at King Elementary School. Attended a Boys and Girls Club of Cypress Board meeting. Attended a Library Advisory Board Budget meeting. Attended the Tip -A -Cop fundraiser at Chili's Restaurant. Attended a Smart Girls Session at the Boys and Girls Club of Cypress. Attended the Volunteer Recognition at the Cypress Senior Citizens Center. Attended the Arnold Elementary School Spring Carnival. Attended the Cypress Famers Market. Attended the Recreation and Community Services Commission Volunteer Awards. Attended a Woman's Club of Cypress Board meeting. Attended the ECOS Ribbon Cutting ceremony. Attended an O.C. Vector Control Public Relations Committee meeting. Attended an O.C. Vector Control Board meeting. Attended the Boys and Girls Club of Cypress Volunteer Recognition. Attended a kick -off event with Assemblywoman Young Kim. Attended the Precious Life Annual Gala. Attended the Cypress Art League Awards ceremony. Council Member Johnson: Attended the PACE Graduation at King Elementary School. Attended the Tip -A -Cop fundraiser at Chili's Restaurant. Attended the Volunteer Recognition at the Cypress Senior Citizens Center. Attended the EOS Ribbon Cutting ceremony. Attended a kick- off event with Assemblywoman Young Kim. Attended the Cypress Art League Awards ceremony. Mayor Pro Tem Morales: Attended the Tip -A -Cop fundraiser at Chili's Restaurant. Attended a kick -off event with Assemblywoman Young Kim. 8 CITY COUNCIL MINUTES APRIL 25, 2016 167 Council Member Peat: Attended a Boys and Girls Club of Cypress Board meeting. Attended a West -Comm Board meeting. Attended the Volunteer Recognition at the Cypress Senior Citizens Center. Attended the Tip -A -Cop fundraiser at Chili's Restaurant. Attended a kick -off event with Assemblywoman Young Kim. Mayor Yarc: Attended the Orange District Woman's Club annual convention. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Yarc adjourned the meeting at 8:23 p.m. to Monday, May 9, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 0-L 12 CITY CLERK OF THE CITY OF CYPRESS 9 At. k_i_ ' MA OR OF THE CIT OF CYPRESS