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HomeMy WebLinkAbout2016-06-27193 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 27, 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 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 Assistant Director of Finance and Administrative Services Donna Mullally Human Resources Manager Cathy Thompson ORAL COMMUNICATIONS: None. CLOSED SESSION: 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 6:02 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 7:01 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 Recreation Superintendent Dena Diggins Recreation Supervisor Jeff Draper Recreation Supervisor Jenni Worsham City Engineer Kamran Dadbeh City Planner Doug Hawkins Public Works Superintendent Kirk Streets Senior Management Analyst Anna Sanchez Senior Management Analyst Alisha Farnell CITY COUNCIL MINUTES JUNE 27, 2016 194 Deputy City Clerk Rhonda Barone City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Peat. 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 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. The City Attorney stated that Agenda Item No. 14 is continued to the next regular City Council meeting of July 11, 2016. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: Mayor Yarc presented a Certificate of Special Recognition to Ivan Reyes- Acosta for his life- saving actions.. Mayor Yarc presented a "Parks Make Life Better! Month" proclamation to the Director of Recreation and Community Services. Mayor Yarc recognized and presented Certificates of Special Recognition to outgoing City Commissioners: Patricia Boggs, Recreation and Community Services Commission (not in attendance); Patricia Zauss, Recreation and Community Services Commission (not in attendance); Marlene Callanan, Senior Citizens Commission; and Marie Chance, Senior Citizens Commission. 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. Laura Hearn, Cypress Library, spoke regarding upcoming events and activities. Tim Keenan, Cypress, spoke regarding Agenda Items No. 14 and No. 20. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPROVE 19 CONDOMINIUM UNITS AT 9071 AND 9091 WALKER STREET — CONDITIONAL USE PERMIT NO. 3068 AND TENTATIVE TRACT MAP NO. 18035. The City Planner provided background information on this item. Council Member Johnson asked if the decrease in units from 20 to 19 is due to parking concerns. The City Planner responded in the affirmative. Council Member Johnson asked if there would be a homeowner's association. 2 CITY COUNCIL MINUTES JUNE 27, 2016 195 The City Planner responded in the affirmative. Council Member Berry asked about the front yard setback. The City Planner replied that the front yard setback would be 10 feet from the front of the building to Walker Street. Council Member Berry asked about the three density bonus units at the moderate income level. The City Planner responded that moderate income level would allow a family of three an annual income level of up to $94,200 and a maximum monthly payment that cannot exceed $2,518. Council Member Berry asked about the floor area ratio. The City Planner indicated that the floor area ratio is the total site area divided by the parcel area. The public hearing was opened. The applicant, Ed Bonanni, stated that he agrees with the conditions of approval. He spoke of the community meetings that were held and working with staff to create a project that complements the existing neighborhood. Council Member Johnson thanked Mr. Bonanni for holding the community outreach meetings and for all of his efforts. Mayor Yarc asked if there was anyone who wished to speak on this item. Ken Phan, Cypress, spoke in opposition of the project. The public hearing was closed. Council Member Peat spoke regarding the project's consistency with the surrounding area. Council Member Berry spoke regarding the Toss of commercial properties in the City. Council Member Johnson spoke in support of the project. Mayor Yarc spoke regarding the need for shops, fine dining, and entertainment in the City, and spoke regarding the loss of a long -time business. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 3068 and Tentative Tract Map 18035, subject to the conditions in Exhibit The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Johnson, Peat, and Morales NOES: 2 COUNCIL MEMBERS: Berry and Yarc ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3068 — WITH CONDITIONS 3 CITY COUNCIL MINUTES JUNE 27, 2016 196 RESOLUTION NO. 6570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 18035 — 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. Mayor Pro Tem Morales stated that Agenda Item No. 13, the Warrant Register, includes warrant no. 38728 for $256.50 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. 38728 for the reason disclosed. It was moved by Council Member Johnson and seconded by Council Member Berry, to approve Consent Calendar Items No. 2 through 13. 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 June 13, 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: PROCLAIM THE MONTH OF JULY 2016 AS "PARKS MAKE LIFE BETTER! MONTH." Recommendation: That the City Council officially proclaim the month of July 2016 as "Parks Make Life Better! Month." Item No. 5: ADOPT RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2016. Recommendation: That the City Council adopt the Resolutions by title only, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 8, 2016, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 6571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER 4 CITY COUNCIL MINUTES JUNE 27, 2016 197 RESOLUTION NO. 6572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE Item No. 6: CONFIRM APPOINTMENT OF CITY COMMISSIONERS. Recommendation: That the City Council confirm the appointment of four Commissioners effective July 1, 2016. Item No. 7: AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT FOR FISCAL YEAR 2016 -2017. Recommendation: That the City Council adopt the Resolution by title only, authorizing execution of the CDBG program contract and documents. RESOLUTION NO. 6573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM YEAR SPANNING JULY 1, 2016 THROUGH JUNE 30, 2017 Item No. 8: ACCEPT MYRA AVENUE PUMP STATION NO. 3, PROJECT 22. Recommendation: That the City Council accept the Myra Avenue Pump Station No. 3, Project 22, in the final amount of $2,640,023.06 and approve the final retention payment of $132,001.15 to Pascal & Ludwig Constructors. Item No. 9: ACCEPT ANNUAL STREET REHABILITATION — SLURRY SEAL, PROJECT 145. Recommendation: That the City Council accept the Street Rehabilitation — Slurry Seal, Project 145, in the final amount of $677,956.21 and approve the final retention payment of $33,897.81 to American Asphalt South, Inc. Item No. 10: ACCEPT THE VEGETATED SWALE AT OAK KNOLL PARK, PROJECT 115. Recommendation: That the City Council accept the Vegetated Swale at Oak Knoll Park, Project 115, in the final amount of $94,921 and approve the final retention payment of $4,746.05 to CGI Construction Inc. Item No. 11: RECEIVE AND FILE THE UPDATED FY 2016 -17 PAY SCHEDULES FOR THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION. Recommendation: That the City Council receive and file the updated Pay Schedules for the Cypress Maintenance Employees' Association (CMEA) effective July 1, 2016. Item No. 12: RECEIVE AND FILE THE INVESTMENT REPORT FOR THE MONTH OF MAY 2016. Recommendation: That the City Council receive and file the Investment Report for the month of May 2016. 5 CITY COUNCIL MINUTES JUNE 27, 2016 198 Item No. 13: APPROVE WARRANTS, ELECTRONIC FUNDS TRANSFERS AND WIRES FOR THE PERIOD MAY 31, 2016 THROUGH JUNE 10, 2016. Recommendation: That the City Council approve the warrant register and wire transfers. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 14: CONSIDERATION OF ZONING CODE AMENDMENTS REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES. This item was continued to the next regular City Council meeting of July 11, 2016. Item No. 15: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. The Chief of Police provided background information on this item. Council Member Johnson asked if there had been any complaints about All City Management Services, Inc. The Chief of Police responded that no complaints had been received. Council Member Johnson asked about crossing guard attendance. The Chief of Police stated that All City Management Services, Inc. is diligent in providing crossing guard coverage. Council Member Peat asked if crossing guard funding is included for the two Los Alamitos Unified School District schools due to Cypress residents attending those schools. The Chief of Police responded in the affirmative. The City Attorney stated that award of contract to other than the lowest responsible bidder is allowable under Cypress Municipal Code Section 21A -16. Council Member Johnson asked if the Orange Avenue developer would pay for a crossing guard in that area. The Chief of Police responded that a crossing guard at the Orange Avenue development is not part of this contract and would have to be paid by the developer. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council award a three year contract for crossing guard services to All City Management Services, Inc., for an amount not to exceed $190,400 for Fiscal Year 2016- 17 and authorize the City Manager to execute the same. 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. 16: CYPRESS STRATEGIC PLAN SIX -MONTH STRATEGIC OBJECTIVES UPDATE. The City Manager provided background information on this item. It was moved by Council Member Peat and seconded by Council Member Johnson, that the City Council receive and file the Six -Month Strategic Objectives update. 6 CITY COUNCIL MINUTES JUNE 27, 2016 199 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. It was moved by Council Member Berry and seconded by Council Member Peat, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, to approve Consent Calendar Items No. 17 and 18. 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. 17: AWARD OF CONTRACT SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB FOR THE SENIOR TAXI VOUCHER PROGRAM. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, approve an agreement with California Yellow Cab for the Senior Taxi Voucher Program. Item No. 18: AWARD OF CONTRACT SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB FOR THE SENIOR NUTRITION TRANSPORTATION PROGRAM. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve a three -year agreement with two one -year renewal options with California Yellow Cab for the Senior Nutrition Transportation Program; and 2) Appropriate $5,410 in FY 2016 -17 from the Recreation and Park District's Unassigned Fund Balance. NEW BUSINESS: Item No. 19: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNUAL LICENSE AGREEMENT WITH THE JOINT FORCES TRAINING BASE TO CONDUCT 4TH OF JULY EVENTS ON THE BASE. The Director of Recreation and Community Services provided background information on this item. Council Member Johnson asked if the City of Los Alamitos has agreed to pay for the larger fireworks show. The Director of Recreation and Community Services responded in the affirmative. Council Member Johnson asked if there would still be a $5 per vehicle entrance fee. The Director of Recreation and Community Services responded in the affirmative, and clarified that identification would also be required for adults. Council Member Berry asked about the lateness of the agreement negotiations. The Director of Recreation and Community Services replied that this is the second year of going through the license agreement, and that the timeline process is similar to last year's. Council Member Berry asked about anticipated unusual costs. 7 CITY COUNCIL MINUTES JUNE 27, 2016 200 The Director of Recreation and Community Services responded that costs may increase up to 10% due to the event being on a Monday with staging over the weekend for which charges would be incurred for the extra days. She stated that the costs would be shared with the City of Los Alamitos, and that event revenues are expected to cover all direct costs. Mayor Yarc asked if the agreement is similar to last year's. The Director of Recreation and Community Services indicated that this agreement is similar to last year's with minor exceptions of additional safety equipment and insurance requirements for the moon bounce and children's rides vendors. Mayor Yarc asked about the term of the agreement. The Director of Recreation and Community Services responded that the agreement is for this year's event and authorization for future years is needed due to the timeline for agreement negotiations. She clarified that the agreement does not bind the City to continue to hold the 4th of July event at the Base. Mayor Yarc asked that the City Council be given the ability to provide feedback on the agreement. The City Manager stated that the Resolution would be brought back to the City Council and that significant agreement changes would be brought back to the City Council. Mayor Yarc asked if there is an outside authorized dollar limit. The City Manager clarified that the license agreement is for consent to be on the grounds of the Joint Forces Training Base, and that this year's cost is approximately $4,000. The Director of Recreation and Community Services clarified that this year's event is approximately $5,000. Mayor Yarc requested that a clause be added to the agreement that would allow the City Council notification of significant changes before it is signed. The City Attorney stated that that would be within the direction that the City Council could modify the Resolution. He commented that if this type of license was known about in advance, it could be brought to the City Council for review. The Director of Recreation and Community Services indicated that a copy of the 2015 agreement is attached to the Agenda Report and serves as reference to the required form. The City Attorney stated that the Resolution states that the license agreement is substantially in the same form as Exhibit A which is the prior license agreement. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, authorizing the City Manager to annually execute a license agreement with the Joint Forces Training Base (JFTB) to conduct the 4th of July event at the Base. 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 8 CITY COUNCIL MINUTES JUNE 27, 2016 201 RESOLUTION NO. 6574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER TO ANNUALLY EXECUTE AN AGREEMENT WITH THE CITY OF LOS ALAMITOS AND THE JOINT FORCES TRAINING BASE FOR THE PURPOSE OF CONDUCTING THE ANNUAL 4TH OF JULY FIREWORKS SPECTACULAR EVENT ON THE JOINT FORCES TRAINING BASE AND LOS ALAMITOS ARMY AIRFIELD ITEMS FROM CITY COUNCIL MEMBERS: Item No. 20: CONSIDERATION OF EXCLUSIVE NEGOTIATIONS WITH VALLEY VISTA SERVICES TO PROVIDE STREET SWEEPING SERVICES. Council Member Peat provided background information on this item. Council Member Johnson asked if the current street sweeping service brings debris to the City Maintenance Yard for pick -up by the current hauler. The Director of Community Development responded in the affirmative. Council Member Johnson asked about parking control. The Chief of Police responded that parking control would be conducted by the Police Department. Council Member Johnson spoke of the City's partnerships. Mayor Yarc asked why the City is seeking to contract its street sweeping services. The Director of Community Development stated that the current street sweepers are in need of replacement and that there would be cost savings for contract services. Mayor Yarc asked if street sweeping services have always been done by the City. The Director of Community Development responded in the affirmative. Council Member Berry spoke in support of transparency and moving forward with the bid process. Mayor Yarc spoke in support of Valley Vista Services but also believes the City should move forward with the bid process. It was moved by Council Member Peat and seconded by Council Member Johnson, that the City Council: 1) Direct the City Manager to enter into an exclusive negotiating period with Valley Vista Services to provide street sweeping services; and 2) On August 22, 2016 present an agreement with Valley Vista Services for street sweeping services for City Council consideration. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Johnson, Peat, and Morales NOES: 2 COUNCIL MEMBERS: Berry and Yarc ABSENT: 0 COUNCIL MEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Jenelle Bader, Southern California Edison, spoke regarding the steel pole replacement project. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Yarc requested reports from the Council Members on their respective committee assignments. 9 CITY COUNCIL MINUTES Council Member Peat: JUNE 27, 2016 202 Attended the Cypress Chamber of Commerce Awards and Installation. Attended the Yogurtland ribbon cutting. Mayor Pro Tem Morales: Attended the Concert-on- the - Green. Attended the Cypress Chamber of Commerce Awards and Installation. Spoke regarding Agenda Items No. 8, 9, and 10. Council Member Johnson: Attended the Caldwell Dental Care ribbon cutting. Attended an O.C. Fire Authority Board meeting. Attended the St. Irenaeus Fiesta. Attended the Yogurtland ribbon cutting. Asked about the Lincoln Avenue Mobile Home Park sewage spill. The Director of Community Development indicated that City staff assisted with the sewage spill clean -up and that the Lincoln Avenue Mobile Home Park would be billed for those services. Council Member Berry: Attended a Woman's Club of Cypress social. Attended a Woman's Conference planning meeting. Attended an O.C. Vector Control Board meeting. Attended the Caldwell Dental Care ribbon cutting. Volunteered at the Cypress Senior Citizens Center for the 50's luncheon. Attended the Concert-on- the - Green. Attended a Cypress Children's Advocacy Council meeting. Attended a Soroptimist meeting. Attended a Santa Ana River Flood Protection Agency meeting. Attended the Cypress Chamber of Commerce Awards and Installation. Attended the Yogurtland ribbon cutting. Mayor Yarc: Attended an O.C. Sanitation District Board meeting. Attended the General Federation of Women's Clubs National Conference. ITEMS FROM CITY MANAGER: The City Manager stated that the Los Alamitos Race Course petition signatures for their proposed ballot measure were submitted to the Orange County Registrar of Voters. Wished everyone a happy 4th of July. ADJOURNMENT: Mayor Yarc adjourned the meeting at 8:25 p.m. in memory of retired Cypress Police Sergeant John Avila to Monday, July 11, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: G�JL'•JXJ i L'� CITY CLERK OF THE CITY OF CYPRESS 10 MA OR OF THE CIT i F CYPRESS