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HomeMy WebLinkAbout2016-11-14254 REGULAR MEETING CYPRESS CITY COUNCIL November 14, 2016 6:15 P.M. A regular meeting of the Cypress City Council was called to order at 6:15 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 STAFF PRESENT City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Senior Management Analyst Alisha Farnell City Clerk Denise Basham ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Sue Douglas, Cypress, spoke regarding consideration of a park on Cerritos Avenue. WORKSHOP SESSION The City Manager stated that the purpose of the workshop was to discuss the City - owned property located at Katella Avenue and Winners Circle. The City Manager stated that the site was the subject of a lawsuit between the City and the State of California related to the dissolution of the Cypress Redevelopment Agency, and that the lawsuit has been settled in principle. He indicated that pending Attorney General approval, it is hoped that the settlement would effectuate itself soon and not be renegotiated by the State. He stated that the City hired a broker, marketed the 13 acre site to qualified commercial developers, and sent information to approximately 40 potential development partners. He indicated that the top two developers were identified as Shea Properties and CenterCal Properties and that both expressed interest in the development of a lifestyle shopping center to include retail and public open space amenities. Mayor Yarc asked about the property zoning. The City Manager indicated that the property is zoned General Commercial which has been in place since approximately 2006, and that a change in zoning and a full Environmental Impact Report (EIR) process would be necessary. He stated that the recommendation to the City Council is a process to select from the two developers, direct the City Manager to invite the developers to a future City Council workshop and allow the developers to make presentations to the City Council, and select a developer to negotiate with. Council Member Johnson asked how the two developers were chosen. The City Manager stated that when the site was marketed, information was sent to approximately 40 established, credible, California developers, with eight proposals received, and four or five invited to interview with staff and brokers. He indicated that the search was then narrowed down to two developers, and that staff would analyze the proposals and work with the City Council to narrow the selection down to one developer. He informed of the specific criteria in the selection process, and stated that the entire process could take up to two years. CITY COUNCIL MINUTES NOVEMBER 14, 2016 Mayor Yarc asked what would happen should the City not be satisfied with the developer. The City Manager responded that the selection process would start over. Mayor Yarc asked how the 13 acre site compares to what Cypress currently has and if it could include a movie theatre and restaurant. The City Manager indicated that the site is large enough for a movie theatre but not one as large as the one at the Long Beach Town Center. He spoke of high- amenity use movie theatres that demand a high volume of parking and pay low rent, and that the Purchase and Sale Agreement could be negotiated. Council Member Berry asked if Retail Strategies would be involved. The City Manager responded no, and indicated that the developer of the site would take the lead. He stated that City Council should take into consideration the developer's credibility when offering to bring in established uses and amenities. Mayor Yarc asked about the property sale monies. The City Manager replied that the property sale monies would go into the City's General Fund. Council Member Berry asked if the Attorney General approval is expected soon. The City Manager responded that the Attorney General's office has been contacted on a daily basis and that both developers are aware of the current ownership status of the site. Mayor Yarc requested that information be provided to the City Council prior to meeting with the developers. The City Manager responded that both developers would make a presentation, possibly at a special City Council meeting. Council Member Johnson asked if direction is being sought by the City Council. The City Manager stated that no action is needed by the City Council at this time, however alternate actions include doing nothing, remarketing, or selection by City staff. 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: Executive Management, Mid - Management, Non - Represented, Cypress Employees' Association, Cypress Maintenance Employees' Association, Cypress Police Management, and Cypress Police Officers' Association. At 6:40 p.m., the Mayor recessed the meeting. RECONVENE The 7:00 p.m. session of the City Council meeting was called to order at 7:03 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 2 255 CITY COUNCIL MINUTES NOVEMBER 14, 2016 256 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 Planner Doug Hawkins Building Official Bob Decker Public Works Superintendent Kirk Streets Management Analyst Anna Sanchez Senior Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Berry. INVOCATION The invocation was given by Pastor Leonard Bradley, Jr., Cypress Church of Christ. REPORT OF WORKSHOP AGENDA/CLOSED SESSION The Mayor asked for the report of the Workshop Session Agenda items discussed earlier in the evening. The City Attorney stated that a workshop was held regarding City -owned property at the northwest corner of Katella Avenue and Winners Circle. 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: Executive Management, Mid - Management, Non - Represented, Cypress Employees' Association, Cypress Maintenance Employees' Association, Cypress Police Management, and 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 Finance and Administrative Services introduced new Information Technology Manager Adrian Smith. 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. Ed Kraemer, Cypress, spoke regarding the workshop session. Lori Green, Cypress, spoke regarding Agenda Item No. 8. 3 CITY COUNCIL MINUTES NOVEMBER 14, 2016 257 PUBLIC HEARINGS Item No. 1: Continuation of a Public Hearing on Lincoln Avenue Specific Plan Amendment No. 2016 -01 The City Planner provided background information on this item. He stated that staff received a request from property owner Mr. Sam Hanna that his property be removed from the overlay district zone, as well as a letter outlining the reasons for his request. Council Member Peat asked if residential development was permitted on the property 13 years ago. The City Planner responded in the affirmative. Council Member Johnson asked if vehicles would have to drive through the business area to get to the storage facility. The City Planner responded in the affirmative, and clarified that there is an easement through the driveway that provides access to the self- storage facility behind the commercial center. Council Member Johnson asked if vehicles would still be required to drive through the easement to have access to the storage facility. The City Planner responded in the affirmative. The public hearing was opened. Sam Hanna, property owner, requested that his property be excluded from the amendment. Council Member Johnson asked Mr. Hanna about his property ownership on Lincoln Avenue, east of Valley View Street. Mr. Hanna responded that he has not raised the rent for the last six years. Council Member Johnson asked Mr. Hanna if he leases on a year -to -year basis. Mr. Hanna indicated that one tenant has two of three years remaining. Mr. Johnson asked about the storage facility behind the property and the continued used of the driveway easement. Mr. Hanna stated that the easement serves as a driveway for both businesses. Council Member Johnson asked about property improvements. Mr. Hanna stated that pipe improvements have been done due to vandalism. Mayor Yarc asked Mr. Hanna why he waited so many years to voice his concerns and if residential development would be the best use of the property. Mr. Hanna stated that he has health issues, other projects, and that he is waiting for a joint venture. Mayor Yarc asked if the property would be safe for residential development. Mr. Hanna replied that a residential development would be safer than a commercial development. Council Member Peat asked if it was allowable to develop the property as a residential development when it was purchased. The City Planner responded in the affirmative, and clarified that the Specific Plan for the area was approved in 1998 and Mr. Hanna purchased the property in 2003. 4 CITY COUNCIL MINUTES NOVEMBER 14, 2016 Council Member Peat asked if the overlay would change Mr. Hanna's ability to use the property for residential. The City Planner responded in the affirmative. Council Member Johnson asked if another developer could request another amendment should this current request be approved. It was moved by Council Member Johnson that the City Council introduce for first reading the Ordinance, approving Amendment No. 2016 -01 for the Lincoln Avenue Specific Plan. Council Member Peat made a substitute motion that the City Council allow for the requested property exemption. Motion failed due to lack of second. Mayor Pro Tem Morales asked what happens if another property owner requests exemption. The City Attorney stated that each request would be individually weighted. He clarified that this property owner purchased the property when residential was allowed and that the Specific Plan allowed for the reevaluation of development in land uses every five years, which was done by the City Council in April 2016. He stated that if the City Council granted an extension in this instance and another property owner came in and argued they had similar sets of facts, they would need to be treated the same way due to equal protection. Mayor Yarc spoke in support of changing more units on Lincoln Avenue into commercial uses and the original intention of the Lincoln Avenue Specific Plan. She asked why the property owner did not come forward at an earlier date. She spoke against more residential uses on Lincoln Avenue. Council Member Berry stated that a balance of residential and commercial is needed in the City and that the 20 percent amendment is not enough. The public hearing was closed. The City Attorney suggested that Council Member Johnson restate the original motion. It was moved by Council Member Johnson and seconded by Mayor Yarc, to introduce for first reading the Ordinance, approving Amendment No. 2016 -01 for the Lincoln Avenue Specific Plan. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Johnson, Peat, Morales and Yarc NOES: 1 COUNCIL MEMBERS: Berry ABSENT: 0 COUNCIL MEMBERS: None Ordinance No. An Ordinance of the City Council of the City of Cypress, California, Adopting an Amendment to the Lincoln Avenue Specific Plan as Follows: Section 4.2, Specific Plan Land Uses, 4.3, Land Use Character and Exhibit 3, Land Use Map; Section 4.4, Table 1, Permitted Land Use Matrix; and Section 4.5, Table 2, Development Standards Matrix, by Adding a New Commercial Preservation Overlay District and Decreasing the Maximum Residential Building Height in the CM Commercial Mixed -Use, CV Campus Village, and PS Public & Semi - Public Districts to 30 Feet Item No. 2: Adopt the 2016 California Model Building, Electrical, Plumbing, and Fire Codes with Amendments The Building Official provided background information on this item. The public hearing was opened. 5 258 CITY COUNCIL MINUTES NOVEMBER 14, 2016 259 The public hearing was closed. It was moved by Council Member Peat and seconded by Council Member Johnson, that the City Council conduct the public hearing, take public testimony, waive further reading and adopt the attached four Ordinances by title only. 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. 1158 An Ordinance of the City Council of the City of Cypress, California, Amending Sections 5 -1 and 5 -2 Of Chapter 5 of the Cypress Municipal Code, Thereby Adopting by Reference the Following Codes with Certain Amendments Thereto: the 2016 Edition of the California Building Code, the 2016 Edition of the California Residential Code, the 2016 Edition of the California Green Building Standards Code, the 2016 Edition of the California Mechanical Code, the 1997 Edition of the Uniform Housing Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, the 2006 Edition of the International Property Maintenance Code, and Repealing Ordinance No. 1138 Ordinance No. 1159 An Ordinance of the City Council of the City of Cypress Amending Chapter 8 of the Cypress Municipal Code and Thereby Adopting by Reference the California Electrical Code, 2016 Edition, with Certain Amendments and Repealing Ordinance No. 1139 Ordinance No. 1160 An Ordinance of the City Council of the City of Cypress Amending Chapter 19 of the Cypress Municipal Code and Thereby Adopting by Reference the Following Codes with Certain Amendments Thereto: the 2016 Edition of the California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code, the 1997 Edition of the Uniform Solar Energy Code, and the Uniform Plumbing Code Material and Installation Standards and Repealing Ordinance No. 1140 Ordinance No. 1161 An Ordinance of the City Council of the City of Cypress Amending Sections 5 -3 of Chapter 5 of the Cypress Municipal Code, and Thereby Adopting by Reference the Following Code with Certain Amendments Thereto: the 2016 Edition of the California Fire Code and Repealing Ordinance No. 1141 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. Mayor Pro Tem Morales stated that Agenda Item No. 9, the Warrant Register, includes warrant no. 40414 for $441.53 for a reimbursement 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. 40414 for the reason disclosed. Council Member Berry requested Agenda Item No. 6 be pulled from the Consent Calendar. Council Member Johnson requested Agenda Item No. 8 be pulled from the Consent Calendar. 6 CITY COUNCIL MINUTES NOVEMBER 14, 2016 It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, to approve Consent Calendar Items No. 3 through 5, 7 and 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. 3: Approve Minutes — Meeting of October 24, 2016 Recommendation: Approve 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: Proclaim November 17, 2016 as "World Pancreatic Cancer Day" Recommendation: Proclaim November 17, 2016 as "World Pancreatic Cancer Day." Item No. 7: Award Contracts for the Cerritos Avenue Bike Corridor Improvements, Project 120 Recommendation: 1. Award a contract in the amount of $693,298 to Nobest, Inc., for the Cerritos Avenue Bike Corridor Improvements, Project 120, and authorize a contingency of $69,300; and 2. Approve a Task Order for Construction Inspection Services to Vali Cooper and Associates, Inc., for $60,861, and authorize a contingency of $6,200. Item No. 9: Register of Warrants, Electronic Funds Transfers and Wires Issued for the Period of October 10, 2016 through October 28, 2016 Recommendation: Approve the attached payment register summarized below for the period of October 10, 2016 through October 28, 2016: • Warrants 40307 through 40518 • Electronic Funds Transfers 2152 through 2154 • Payroll Wire W1317 Regarding Item No. 6: Award Contracts for Mackay Park, Project 166, Council Member Berry asked about the criteria for construction management services. The Director of Community Development stated that construction management services would be on -call and inspect the work of the contractor. Council Member Berry asked about the closeout/plant establishment and the anticipated opening day for public use. The Director of Community Development responded that the closeout/plant establishment would allow the park to be open, however the contractor would still be responsible for the plant elements. He stated that the anticipated public opening is expected to be towards the end of summer 2017. The City Engineer clarified that the anticipated construction completion and opening of the park would be June /July 2017, and that staff would coordinate with the Recreation and Community Services Department for the grand opening. Council Member Johnson asked about the $2.3 million construction cost. The Director of Finance and Administrative Services responded that $3.3 million is budgeted for the project. 7 260 Imo CITY COUNCIL MINUTES NOVEMBER 14, 2016 It was moved by Council Member Berry and second by Council Member Johnson, to: 1. Award a contract in the amount of $2,352,584.50 to Los Angeles Engineering, Inc., to construct Mackay Park, Project 166, and authorize a contingency of $235,258; and 2. Award a contract in the amount of $210,000 to Griffin Structures, Inc., for Construction Management and Inspection Services, and authorize a contingency of $21,000. 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 Regarding Item No. 8: Approve a Change Order for a Dog Park Analysis as Part of the Parks and Recreation Facilities Condition and Utilization Assessment Study, Council Member Johnson asked about the $7,000 change order costs and if the Recreation and Community Services Commission could conduct the dog park analysis. The City Manager stated that the dog park analysis was added by the City Council to the Strategic Plan and that it was decided to expand the scope of work for the Parks and Recreation Facilities Condition and Utilization Assessment at a $10,000 cost estimate. He indicated that an alternative, such as having the Recreation and Community Services Commission conduct the analysis, could be considered, however using an experienced park design consultant would result in a more rigorous and accepted result. He stated that it likely would not offer a different result based on staff's knowledge of the existing park inventory in Cypress of unlikely identifying a logical location for a dog park. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, to approve a $7,000 change order to include evaluating the park system for a dog park as part of the Parks and Recreation Facilities Condition and Utilization Assessment Study scope of work. 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: Adopt the Strategic Plan Update and Six -Month Objectives The City Manager provided background information on this item. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, to adopt the updated Strategic Plan and Six -Month 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 Item No. 11: Adopt a Resolution Amending Hourly Pay Ranges for Temporary Part -Time and Seasonal Employees The Director of Finance and Administrative Services provided background information on this item. Council Member Berry asked if the minimum wage would increase an additional 50 cents per hour in 2018 and one dollar each year until 2022. 8 261 CITY COUNCIL MINUTES NOVEMBER 14, 2016 The Director of Finance and Administrative Services responded in the affirmative. Council Member Berry asked if most hourly employees are seasonal Recreation employees. The Director of Finance and Administrative Service indicated that there are seasonal employees, as well as part-time employees who work throughout the year. Council Member Berry asked about the number of hourly employees. The Director of Finance and Administrative Services responded that there are 25 full - time equivalent hourly positions. It was moved by Council Member Peat and seconded by Mayor Pro Tem Morales, to adopt a Resolution amending Resolution No. 6523, modifying the hourly pay range schedule for Temporary Part -Time and Seasonal 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 Resolution No. 6597 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 No. 6523 Establishing Hourly Pay Ranges for Temporary Part-Time and Seasonal Positions Item No. 12: Approve the Second Amendment to the City Manager Employment Agreement The City Manager left the Council Chambers. The City Attorney provided background information on this item. Council Member Berry commented that elected officials must be mindful of spending and decisions made and that efforts should be made to retain the City's course of fiscal responsibility. She stated that the City Manager is well- compensated based on comparable Orange County cities and job responsibilities, and that the City Council should be prudent in its spending and responsibility to the taxpayers. She stated that her vote on this item is not to be construed as a reflection of the City Manager's technical performance. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, to approve the Second Amendment to the City Manager Employment Agreement. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Johnson, Peat, Morales and Yarc NOES: 1 COUNCIL MEMBERS: Berry ABSENT: 0 COUNCIL MEMBERS: None ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Sam Hanna, Cypress, spoke regarding Agenda Item No. 1. COUNCIL MEMBER REPORTS AND REMARKS Mayor Yarc requested reports from the Council Members on their respective committee assignments. 9 262 CITY COUNCIL MINUTES NOVEMBER 14, 2016 263 Mayor Pro Tem Morales: Attended the Mayor's Prayer Breakfast. Attended the ribbon cutting for Rolls Royce. Attended the groundbreaking for Barton Place. Attended the retirement luncheon for Police Commander Tom Bruce. Attended the Boys and Girls Club of Cypress fundraiser at the Los Alamitos Race Course. Participated with the Boy Scouts and Girl Scouts flag display at Forest Lawn Cypress. Attended the Woman's Club of Cypress' Veterans Appreciation picnic. Attended the Americana Awards kick -off. Represented the City at the Nixon Library Veterans Day event. Attended the American Legion dinner. Council Member Berry: Attended a SCAG earthquake seminar. Attended a Soroptimist Program meeting. Attended a Non - Profit Coordinating Committee meeting. Attended the Mayor's Prayer breakfast. Attended the ribbon cutting for Rolls Royce. Attended the groundbreaking for Barton Place. Attended the retirement luncheon for Police Commander Tom Bruce. Attended a Woman's Club of Cypress General meeting. Attended the Volunteers in Policing luncheon. Attended the ribbon cutting for Subs N Grub. Attended the Boys and Girls Club of Cypress fundraiser at the Los Alamitos Race Course. Attended the Woman's Club of Cypress' Veterans Appreciation picnic. Attended the Boys and Girls Club of Cypress fundraiser at Pieology. Attended a Soroptimist Board meeting. Attended a visit with patients at the Veterans Health Administration Hospital. Attended a Soroptimist Business meeting. Attended a PACE graduation at Vessels Elementary School. Attended the Americana Awards kick -off. Volunteered at the Veterans event at the Cypress Senior Citizens Center. Attended a Veterans celebration at the Joint Forces Training Base for the Orange District Woman's Club. Congratulated Mayor Yarc and Council Member Johnson on their re- election. Council Member Johnson: Attended the Mayor's Prayer Breakfast. Attended the ribbon cutting for Rolls Royce. Attended an O.C. Fire Authority Board meeting. Served as a judge for the St. Irenaeus Catholic School Halloween Costume contest. Attended the groundbreaking for Barton Place. Attended the retirement luncheon for Police Commander Tom Bruce. Attended the ribbon cutting for Subs N Grub. Attended the Boys and Girls Club of Cypress fundraiser at Pieology. Attended the Boy Scouts and Girl Scouts flag display at Forest Lawn Cypress. Attended the Woman's Club of Cypress' Veterans Appreciation picnic. CITY MANAGER REMARKS No items. ADJOURNMENT Mayor Yarc adjourned the meeting at 8:15 p.m. in memory of Fresno County Sheriff's Department Sergeant Rod Lucas and Stanislaus County Sheriff's Department Deputy Dennis Wallace, to an adjourned Regular Meeting, to be held on Monday, November 28, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 1,0i,iLtdU MA OR OF THE CIT F CYPRESS CITY CLERK OF THE CITY OF CYPRESS 10