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HomeMy WebLinkAbout2016-09-26REGULAR MEETING CYPRESS CITY COUNCIL September 26, 2016 6:00 P.M. A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Yarc in the Executive Board Room, 5275 Orange Avenue, Cypress, California. ROLL CALL Mayor Mariellen Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) 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: Executive Management, Mid - Management, Non - Represented, Cypress Police Management Association, Cypress Police Officers' Association. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager. At 6:01 p.m., the Mayor recessed the meeting. RECONVENE The 7:00 p.m. session of the City Council meeting was called to order at 7:09 p.m. by Mayor Yarc. ROLL CALL Cypress City Council, also acting as the Ex- Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Mariellen Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat 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 234 CITY COUNCIL MINUTES SEPTEMBER 26, 2016 235 Senior Civil Engineer Nick Mangkalakiri Public Works Superintendent Kirk Streets Senior Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Morales. INVOCATION Mayor Yarc asked for a moment of silence. 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: Executive Management, Mid - Management, Non - Represented, Cypress Police Management Association, Cypress Police Officers' Association. He stated that no reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager. He stated that this item would be continued to the end of the regular City Council meeting. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS Mayor Yarc presented a Certificate of Special Recognition to the families of Cypress Veterans George Morse, Robert Shiroishi, Robert Wallace, and Peter Yurenko. Mayor Yarc presented a Certificate of Special Recognition to Cypress High School Principal Jodie Wales, Oxford Academy Principal Ron Hoshi, and Lexington Junior High School Principal Amber Houston on receiving California PBIS Coalition System of Recognition. Mayor Yarc presented a Fire Prevention Week Proclamation to O.C. Fire Authority Division Chief Dave Steffan. The City Clerk made a presentation regarding the video streaming and paperless agenda system. ORAL COMMUNICATIONS (Limited to 30 minutes - three minutes per speaker, unless extended by the City Council) 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 upcoming activities. Elizabeth Mays and David Bracey, Anaheim University, spoke regarding their 20th anniversary celebration. Frank Sherren, Los Alamitos Race Course, spoke regarding Agenda Items No. 13 and 14. 2 CITY COUNCIL MINUTES CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item. SEPTEMBER 26, 2016 236 Mayor Yarc requested Agenda Item No. 6 be pulled from the Consent Calendar. It was moved by Council Member Johnson and seconded by Council Member Peat, to approve Consent Calendar Items No. 1 through 5 and 7 through 9. 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. 1: Approve Minutes — Meeting of September 12, 2016 Recommendation: Approve as submitted. Item No. 2: Motion to Introduce and /or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 3: Proclaim the Week of October 9 — 16, 2016 as "Fire Prevention Week" Recommendation: Proclaim the week of October 9 — 16, 2016 as "Fire Prevention Week." Item No. 4: Award Contracts for the Arterial Street Rehabilitation, Project 131 Recommendation: 1. Award a contract in the amount of $521,105.10 to R.J. Noble Company for the Arterial Street Rehabilitation, Project 131, and authorize a contingency of $78,200; and 2. Approve a Task Order for Construction Inspection Services to Vali Cooper and Associates, Inc., for $51,561, and authorize a contingency of $7,700. Item No. 5: Approve Continuing Appropriations, Revenues and Transfers from Fiscal Year 2015 -16 to Fiscal Year 2016 -17 Recommendation: 1. Authorize the appropriation of $3,831,727 in Fiscal Year 2016 -17 for the carryover of items from Fiscal Year 2015 -16 as detailed in Attachment A. 2. Authorize the appropriation of $11,386,238 in Fiscal Year 2016 -17 for the carryover of items encumbered at June 30, 2016 as detailed in Attachment B. 3. Authorize the continuation of operating transfers totaling $612,162 and estimated grant revenue totaling $1,323,246 from Fiscal Year 2015 -16 to Fiscal Year 2016 -17 as detailed in Attachment C to support carryover appropriations. Item No. 7: Approve Cypress Recreation and Park District Continuing Appropriations and Transfers from Fiscal Year 2015 -16 to Fiscal Year 2016 -17 Recommendation: 1. Authorize the appropriation of $149,038 in Fiscal Year 2016 -17 for items encumbered at June 30, 2016, as detailed in Attachment A. 3 CITY COUNCIL MINUTES SEPTEMBER 26, 2016 2. Authorize the appropriation of $552,750 in Fiscal Year 2016 -17 for the carryover of continuing appropriations, as detailed in Attachment A. 3. Authorize the continuation of operating transfers of $597,680 from the Park Development Fund (Fund 213) to the Cypress Recreation and Park District General Fund (Fund 212) in Fiscal Year 2016 -17 to support carryover appropriations. Item No. 8: Investment Report for the Month Ended August 31, 2016 Recommendation: Receive and file the attached report. Item No. 9: Register of Warrants, Electronic Funds Transfers and Wires Issued for the Period of August 29, 2016 through September 9, 2016 Recommendation: Approve the attached payment register summarized below for the period of August 29, 2016 through September 9, 2016: • Warrants 39880 through 39999 • Electronic Funds Transfers 1904 through 2039 • Payroll Wire W1314 Regarding Item No. 6: Approve Supplemental Appropriations and Estimated Revenues for Fiscal Year 2015 -16, Mayor Yarc asked about supplemental appropriations. The Director of Finance and Administrative Services responded that supplemental appropriations relate to the just - concluded fiscal year and are costs that exceeded the original budget estimates, largely out of the City's control. He stated that in order to have budgetary compliance, the supplemental appropriations are requested. He indicated that the carryovers are monies that were not expended in the prior fiscal year and conclusion of those projects would be done in the current fiscal year. Mayor Yarc asked for a summary of the supplemental appropriations. The Director of Finance and Administrative Services indicated that the supplemental appropriations include unforeseen litigation costs and an excess in building plan check contract fees, however there would be additional revenues to offset some of those cost increases. He stated that a portion of the additional litigation costs would be reimbursed by the City's insurance carrier. It was moved by Council Member Peat and seconded by Council Member Johnson, to approve supplemental appropriations of $636,900 and increase estimated revenues by $424,700 for Fiscal Year 2015 -16 as detailed in Attachment 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 NEW BUSINESS Item No. 10: Approve Plans and Specifications for Mackay Park, Project 166 The Senior Civil Engineer provided background information on this item. Council Member Berry asked the delay of the project timeline. The Director of Community Development responded that the basketball court schematic design had to be re- evaluated. Council Member Berry asked if a bike rack on a cement pad near the parking lot is included in the final schematic design. 4 237 CITY COUNCIL MINUTES SEPTEMBER 26, 2016 238 The Senior Civil Engineer responded in the affirmative. Council Member Berry asked if there would be safety and /or theft concerns with the bike rack being a long distance from the basketball courts. The Chief of Police stated there would not be great concern as long as proper bike locks are used, and that there would be appropriate street and park lighting. Council Member Berry asked if the accessible play equipment would be accessible to children of all abilities. The Senior Civil Engineer responded in the affirmative. It was moved by Council Member Johnson and seconded by Council Member Peat, to approve plans and specifications for Mackay Park, Project 166. 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. 11: Adopt Resolutions Establishing Salary and Benefits for Confidential Positions, Mid - Management Positions and Executive Management Positions The City Manager provided background information on this item. It was moved by Council Member Peat and seconded by Council Member Johnson, to: 1) Adopt Resolution No. 6588 establishing salary ranges for Executive Management positions; 2) Adopt Resolution No. 6589 establishing salary ranges for Mid - Management positions; 3) Adopt Resolution No. 6590 establishing salary ranges and benefits for Confidential positions; and 4) Adopt Resolution No. 6591 amending benefits for Management Employees. 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. 12: Strategic Plan Six -Month Objectives Update The City Manager provided background information on this item. Council Member Berry asked about the new website address. The Senior Management Analyst indicated that the City website address will be www.cypressca.org. Mayor Yarc asked why some Strategic Objectives progress dates have been revised. The City Manager responded that Item No. 6, Present to the City Council for Action Proposed Modifications to the Joint Use Agreement with Anaheim Union High School District (AUHSD), has been delayed due to the retirement of the AUHSD Assistant Superintendent. He indicated that Item No. 9, Launch a New City of Cypress Website, has been delayed to the end of October 2016. The City Manager indicated that Economic Development Items No. 3 and 5, Recommend to the City Council for Action Enhancement to the City's Economic Development Program and Recommend to the City Council a Disposition Strategy for the 13 -Acre Parcel on Katella Avenue, are both pending results of the Los Alamitos Race Course ballot measure. 5 CITY COUNCIL MINUTES SEPTEMBER 26, 2016 The City Manager stated that Infrastructure and Facilities Item No. 1, Present to the City Council the Police Space Planning Assessment Report, Including the Option of Adding Additional Space to the Current Police Station, options would be brought to City Council at a future date. He indicated that Item No. 3, Present to the City Council the Findings of the Parks and Recreation Facilities Condition Assessment Study, was delayed to due accommodating the public's schedules. Mayor Yarc spoke in support of all of the goals being in progress. The City Manager spoke of the success of the Strategic Plan and thanked the City Council for its support. It was moved by Council Member Berry and seconded by Mayor Pro Tem Morales, to receive and file the Six -Month Strategic Objectives update. 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: Cypress Town Center and Commons Initiative Reimbursement Agreement The Director of Community Development provided background information on this item. Council Member Berry asked if the Reimbursement Agreement would be replenished when it decreases to $1,000. The Director of Community Development responded in the affirmative. Council Member Berry asked if the County of Orange signature verification cost is approximately $3 per signature. The City Clerk responded in the affirmative. It was moved by Council Member Johnson and seconded by Council Member Berry, to approve the Cypress Town Center and Commons Initiative Reimbursement Agreement. 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. 14: Consideration of Los Alamitos Race Course's Request for a Restrictive Covenant Agreement for Cypress Town Center and Commons Specific Plan. The Director of Community Development provided background information on this item. Mayor Yarc asked about the current Mixed -Use building height. The Director of Community Development stated that the current Mixed -Use building height allowed is 99 feet and that the proposed development request was reduced to 60 feet. Mayor Yarc asked if the height allowance restriction would affect future buyers. The Director of Community Development responded that the height restriction would only affect the Los Alamitos Race Course owned property. Council Member Johnson asked about the height of Courtyard by Marriott. 6 239 CITY COUNCIL MINUTES SEPTEMBER 26, 2016 The Director of Community Development responded that he believes that Courtyard by Marriott is approximately 40 feet high. The City Manager clarified that the Courtyard by Marriott height is approximately between 60 and 80 feet. Mayor Pro Tem Morales clarified that the building height limit reduction was based on community feedback. The Director of Community Development responded in the affirmative. Council Member Peat asked if Measure GG did not pass, a 99 foot high building could be developed based on the current zoning and that Measure GG is not introducing 99 foot high building zoning, as it already exists. The Director of Community Development responded in the affirmative. Council Member Peat stated that this request is for a reduced building zoning height. The Director of Community Development responded in the affirmative. Council Member Berry asked if the covenants would remain with the property. The Director of Community Development responded in the affirmative, and clarified that the covenants run with the land based on this agreement. Council Member Berry asked if the 60 feet height limit is for the Mixed -Use District only. The Director of Community Development responded in the affirmative. Council Member Berry asked if other areas in the development have a 99 foot height allowance. The Director of Community Development responded that the Cypress Town Center has the 99 foot height allowance. Council Member Berry asked about the likelihood for the City to incur legal costs to enforce the covenants during the development and future redevelopment of LARC. The City Attorney responded that this agreement would be recorded on the property and any future buyer would be aware of, and that legal issues are not anticipated. It was moved by Council Member Johnson and seconded by Council Member Peat, to approve the Los Alamitos Race Course's request for a Restrictive Covenant Agreement for the Cypress Town Center and Commons Specific Plan. 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 ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) None. COUNCIL MEMBER REPORTS AND REMARKS Mayor Yarc requested reports from the Council Members on their respective committee assignments. 7 240 CITY COUNCIL MINUTES Council Member Peat: SEPTEMBER 26, 2016 241 Attended a Cypress College Ad Hoc Committee meeting. Introduced the speaker at the BRACE /AGENT meeting. Attended an Oversight Board meeting. Attended a City Manager Compensation Subcommittee meeting. Council Member Berry: Attended a Soroptimist business meeting. Attended an O.C. Vector Control District Board meeting. Attended the Church of Jesus Christ of Latter -Day Saints Variety Show. Attended the Cypress Art League Fall Art Show and Awards ceremony. Attended the Tri -City Women's Conference. Attended a Santa Ana River Flood Protection Agency Executive Committee meeting. Volunteered for the Cypress Senior Citizens Center Hoe Down. Attended a Long Beach Chamber Music Group concert. Council Member Johnson: Attended the Church of Jesus Christ of Latter -Day Saints Variety Show. Attended a Cypress School District Ad Hoc Committee meeting. Attended an O.C. Fire Authority Board of Directors meeting. Mayor Yarc: Attended a Cypress College Ad Hoc Committee meeting. Attended a Cypress College Foundation Board Executive Committee meeting. Attended the Tri -City Women's Conference. CITY MANAGER REMARKS The City Manager spoke regarding the paperless agenda system. The Chief of Police spoke regarding the parole hearing for Bobby Joe Denney who killed Cypress Police Officer Sowma in 1976. He announced the 40th Anniversary Memorial Ceremony to be held at the Cypress Police Department on November 16, 2016. CLOSED SESSION The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager. At 8:21 p.m., the Mayor recessed the meeting. At 8:28 p.m., the Mayor reconvened the meting The City Attorney reported that no reportable action was taken. ADJOURNMENT Mayor Yarc adjourned the meeting at 8:28 p.m. to an adjourned Regular Meeting, to be held on Monday, October 10, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8 MAY R OF THE CITY O; CYPRESS