140 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 28, 2016 A regular meeting of the Cypress City Council was called to order at 6:03 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 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: 04 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: 09 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 Public Works Superintendent Kirk Streets
CITY COUNCIL MINUTES City Planner Doug Hawkins Associate Planner Kori Sanders Assistant Planner Judy Aquino Management Analyst Anna Sanchez Project Manager Shukry Sharabi Senior Management Analyst Alisha Farnell Deputy City Clerk Rhonda Barone City Clerk Denise Basham MARCH 28, 2016 141 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Morales. INVOCATION: Church. The invocation was given by Brother Aristotle, St. Irenaeus Catholic 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), 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 this item has been continued to the conclusion of tonight's regular meeting. No other action was taken in Closed Session, nor was any solicited. PRESENTATIONS: The Director of Community Development introduced Project Manager Shukry Sharabi. Mayor Yarc presented a Certificate of Special Recognition to the Cypress High School Junior Varsity Basketball Team. Mayor Yarc presented a Proclamation to the West Cities Police Communications Center proclaiming the week of April 10-16, 2016 as " National Public Safety Dispatcher Week." 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. None. 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 DANCE STUDIO AT 4670 AND 4674 LINCOLN AVENUE CONDITIONAL USE PERMIT NO. 3061. The Assistant Planner provided background information on this item. Council Member Johnson asked about the caretaker's apartment. 2
142 The Assistant Planner responded that the caretaker's apartment would remain as part of the storage facility. The public hearing was opened. The applicant, Joy Gallo, stated that she agrees 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 Council Member Johnson, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 3061, subject to the conditions in Exhibit "A ". RESOLUTION NO. 6554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 3061 WITH CONDITIONS Item No. 2: REQUEST TO RESCIND CONDITIONAL USE PERMIT NO. 86-20 FOR PARKING AT 10775 BUSINESS CENTER DRIVE. The Associate Planner provided background information on this item. Council Member Peat asked if there would be limited parking should the lot be sold and developed into something else. The Associate Planner responded in the affirmative. The public hearing was opened. The applicant, Tom Rakestraw, DRA Architects, stated that the owner agrees to the conditions of approval. He clarified that the proposed action would restore the existing building and required parking modifications. Mayor Yarc asked if there was anyone who wished to speak on this item. The public hearing was closed. It was moved by Mayor Pro Tem Morales and seconded by Council Member Johnson, that the City Council adopt the Resolution by title only, rescinding Conditional Use Permit No. 86-20, based on the findings in the Resolution. RESOLUTION NO. 6555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING CONDITIONAL USE PERMIT NO. 86-20 3
143 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 Yarc requested Agenda Item No. 9 be pulled from the Consent Calendar. It was moved by Council Member Johnson and seconded by Council Member Berry, to approve Consent Calendar Items No. 3 through 8 and 10 and 11. Item No. 3: APPROVE MINUTES. Recommendation: That the City Council approve the Minutes of the Meeting of March 14, 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: PROCLAIM THE WEEK OF APRIL 10-16, 2016 AS " NATIONAL PUBLIC SAFETY DISPATCHER WEEK." Recommendation: That the City Council officially proclaim the week of April 10-16, 2016 as " National Public Safety Dispatcher Week." Item No. 6: PROCLAIM THE MONTH OF APRIL 2016 AS " DMV /DONATE LIFE CALIFORNIA MONTH." Recommendation: That the City Council officially proclaim the month of April 2016 as DMV /Donate Life California Month." Item No. 7: CONSIDERATION OF REVISED EFFECTIVE DATE TO AN AMENDMENT OF THE WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE. Recommendation: That the City Council adopt the Resolution by title only, revising the effective date of the Waste Disposal Agreement (WDA) Amendment with the County of Orange. RESOLUTION NO. 6556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE REVISED EFFECTIVE DATE TO AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE Item No. 8: AWARD CONTRACTS FOR THE SUMNER PLACE SEWER IMPROVEMENTS, PROJECT 164. Recommendation: That the City Council: 1) Award a construction contract for the Sumner Place Sewer Improvements, Project 164, to Sancon Technologies, Inc. for 54,268, and authorize a contingency of $ 8, 200; and 2) Award a Task Order for Construction Inspection Services to Vali Cooper and Associates, Inc. ( VCA) for $ 5, 650, and authorize a contingency of $850. 4
Item No. 10: RECEIVE AND FILE THE INVESTMENT REPORT FOR THE MONTH OF FEBRUARY 2016. 144 Recommendation: That the City Council receive and file the Investment Report for the month of February 2016. Item No. 11: APPROVE COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015-16 FOR WARRANTS NO. 37709 THROUGH 37849. Recommendation: That the City Council approve the warrant register and wire transfers for Fiscal Year 2015-16. Regarding Item No. 9: APPROVE A ONE YEAR EXTENSION FOR A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE CONDITIONAL USE PERMIT NO. 2007-13 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07, Mayor Yarc asked if the existing configuration has to be used. The City Manager stated that the future development of the site would likely be different, and that a new developer would change the usage and layout. He indicated that residential development would not be permitted, however there would be potential for a hotel development and that the City Council would have input on the development. Council Member Johnson asked if the conditional use permit extension would allow for flexibility of development on the property site. The City Manager responded in the affirmative. Council Member Johnson asked if there would be any negative effects associated with the conditional use permit extension. The City Manager responded no. It was moved by Council Member Johnson and seconded by Council Member Peat, that the City Council approve the one year extensions of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 ( until April 28, 2017), subject to the original conditions of approval. END OF CONSENT CALENDAR NEW BUSINESS: Item No. 12: CYPRESS STRATEGIC PLAN SIX -MONTH STRATEGIC OBJECTIVES UPDATE. The City Manager provided background information on this item. It was moved by Council Member Johnson and seconded by Council Member Peat, that the City Council receive and file the Six -Month Strategic Objectives update. 5
145 Item No. 13: HUMAN TRAFFICKING AWARENESS TRAINING FOR LOCAL SCHOOLS UPDATE. The Chief of Police provided background information on this item. Mayor Yarc complimented the Cypress Police Department on its human trafficking awareness training. Council Member Berry also complimented the Cypress Police Department on its human trafficking awareness training and asked if Lexington Junior High School students would be included in the training. The Chief of Police responded in the affirmative. It was moved by Council Member Johnson and seconded by Mayor Pro Tem Morales, that the City Council receive and file the update. RECREATION & PARK DISTRICT MATTERS: the Ex Officio Governing Board of Directors. The Cypress City Council, Acting as No items. 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 Peat: Attended a City /Cypress School District Joint Steering Ad Hoc Committee meeting. Attended a City /Anaheim Union High School District Joint Steering Ad Hoc Committee meeting. Attended the Cypress Chamber of Commerce Student Mentoring breakfast. Attended a Veteran Recognition Committee meeting. Attended the Spring Egg Hunt at Oak Knoll Park. Mayor Pro Tem Morales: Attended the Spring Egg Hunt at Oak Knoll Park. Attended the Cypress Forest Lawn Easter Sunrise Services. Council Member Johnson: Attended a Cypress Library event. Attended the Hotline of Southern California fundraiser. Attended a City /Cypress School District Joint Steering Ad Hoc Committee meeting. Attended the Cypress Chamber of Commerce Student Mentoring breakfast. Attended a Cypress Chamber of Commerce Board of Directors meeting. Attended an O. C. Fire Authority Board of Directors meeting. Attended the Spring Egg Hunt at Oak Knoll Park. Council Member Berry: Attended a Cypress Children' s Advocacy meeting. Attended a Woman' s Club of Cypress Board meeting. Attended an O. C. Vector Control meeting. Attended the Cypress Senior Citizens Center Open House. Attended a City /Anaheim Union High 6
School District Joint Steering Ad Hoc Committee meeting. Attended the Cypress Chamber of Commerce Student Mentoring breakfast. Attended a Soroptimist Program meeting. Attended a Veteran Recognition Committee meeting. Attended a SCAG Joint Committee meeting. Attended a Santa Ana River Flood Protection Agency meeting. Attended the Spring Egg Hunt at Oak Knoll Park. 146 Mayor Yarc: Met with a local Boy Scouts troop. Attended the Hotline of Southern California fundraiser. Attended the Cypress Farmers Market. Attended the Arnold Elementary School history of Cypress event. Attended the Cypress Senior Citizens Center Open House. Attended the Cypress Chamber of Commerce Student Mentoring breakfast. Attended a Civic Leaders Roundtable in Santa Ana. Attended an O. C. Sanitation District Board meeting. Attended a Cypress College Foundation meeting. Toured Siemens. Attended a Cypress Chamber of Commerce Board meeting. Attended the Spring Egg Hunt at Oak Knoll Park. ITEMS FROM CITY MANAGER: The City Manager announced the Los Alamitos Race Course community meeting to be held on Tuesday, March 29, 2016, at 6:00 p. m., at the Cypress Community Center. Reminded of the Strategic Planning Session to be held on Wednesday, April 6, 2016, at 9: 00 a. m., at the Cypress Community Center. Informed of the Seal Beach Naval Weapons Station public scoping meeting to be held on Thursday, April 7, 2016, from 5: 00 p. m. 8: 00 p. m., at Seal Beach Fire Station #48. The meeting was recessed to Closed Session at 7: 56 p. m. The meeting was reconvened at 8: 54 p. m. 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 the item was discussed, with direction provided to staff, and that no reportable action was taken. ADJOURNMENT: Mayor Yarc adjourned the meeting at 8: 55 p. m. to Wednesday, April 6, 2016, beginning at 9: 00 a. m. at the Cypress Community Center. MAYOR OF THE CITI Y OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7