2019-11-25 385
REGULAR MEETING
CYPRESS CITY COUNCIL
November 25, 2019
5:30 P.M.
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Berry in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Stacy Berry
Mayor Pro Tern Rob Johnson
Council Member Paulo Morales — arrived at 5:35 p.m.
Council Member Jon Peat
Council Member Mariellen Yarc—ABSENT
STAFF PRESENT
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Director of Community Development Doug Dancs
City Clerk Alisha Farnell
Police Commander Chris Revere
City Planner John Ramirez
Recreation and Community Services Manager Jeff Draper
Management Analyst Kirsten Graham
ORAL COMMUNICATIONS (Limited to 30 minutes —three minutes per speaker, unless
extended by the City Council)
None.
WORKSHOP SESSION
The City Planner provided a report and presentation on the proposed Neighborhood
Preservation Program.
Discussion ensued.
No reportable action was taken.
CLOSED SESSION
The City Attorney reported that the City Council would be meeting in Closed Session
regarding:
Conference with Real Property Negotiators, pursuant to Government Code section
54956.8, real property identified by APN Numbers 241-091-22 through 26, inclusive,
13.329 Acres, located at the Northwest corner of Katella Avenue and Winners Circle,
parties negotiating with: Shea Properties, negotiating party: City Manager, under
negotiation: price and terms of payment.
Conference with Legal Counsel — Existing Litigation, pursuant to Government Code
section 54956.9(a) and (d)(1), McMenamee v. City of Cypress, et al., Case No. 30-2019-
01091613-CU-PA-CJC, Orange County Superior Court
At 6:12 p.m., the Mayor recessed the meeting.
RECONVENE
The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by
Mayor Berry.
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CITY COUNCIL MINUTES NOVEMBER 25, 2019
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Stacy Berry
Mayor Pro Tern Rob Johnson
Council Member Paulo Morales
Council Member Jon Peat
Council Member Mariellen Yarc—ABSENT
STAFF PRESENT
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Director of Community Development Doug Dancs
City Clerk Alisha Farnell
Police Commander Chris Revere
City Planner John Ramirez
Building Official Bob Decker
Maintenance Superintendent Kirk Streets
Recreation and Community Services Manager Jeff Draper
Management Analyst Kirsten Graham
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member
Morales.
INVOCATION The invocation was given by Pastor Trevor Cooper, First Baptist Church
of Cypress
REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session regarding:
Conference with Real Property Negotiators, pursuant to Government Code section
54956.8, real property identified by APN Numbers 241-091-22 through 26, inclusive,
13.329 Acres, located at the Northwest corner of Katella Avenue and Winners Circle,
parties negotiating with: Shea Properties, negotiating party: City Manager, under
negotiation: price and terms of payment. No reportable action was taken.
Conference with Legal Counsel — Existing Litigation, pursuant to Government Code
section 54956.9(a) and (d)(1), McMenamee v. City of Cypress, et al., Case No. 30-2019-
01091613-CU-PA-CJC, Orange County Superior Court. No reportable action was taken.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS
Mayor Berry presented a Certificate of Special Recognition to Cypress Veteran Mei
Kimura and Building Official Bob Decker.
ORAL COMMUNICATIONS (Limited to 30 minutes —three minutes per speaker, unless
extended by the City Council)
None.
PUBLIC HEARINGS
Public comments—five minutes per speaker, unless extended by the City Council.
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CITY COUNCIL MINUTES NOVEMBER 25, 2019
Council Members should disclose communications with anyone relevant to a Public
Hearing item.
Item No. 1: Approve a Disposition and Development Agreement for the Sale of
City Owned Property at the Northwest Corner of Katella Avenue and Winners Circle
(APNs 241-091-022 through -026) to SP Acquisition, LLC for a Mixed-Use Project.
Council Members Peat and Morales disclosed meetings with Shea Properties.
Mayor Berry disclosed meeting with Shea Properties, as well as touring Shea's Aliso Viejo
property with staff.
The City Manager provided a report on this item.
Kevin McCook, Vice President of Development for Shea Properties, provided a
presentation.
City Council discussion ensued.
The public hearing was opened.
Bonnie Peat spoke in favor of the item.
Steve Mauss expressed concerns regarding the item.
Peter Korody spoke in opposition of the item.
Anne Hertz spoke in favor of the item.
The public hearing was closed.
City Council discussion ensued.
It was moved by Council Member Peat and seconded by Mayor Pro Tern Johnson, to
adopt a Resolution approving a Disposition and Development Agreement for the sale of
City owned property at the northwest corner of Katella Avenue and Winners Circle (APNs
241-091-022 through -026) to SP Acquisition, LLC for a mixed-use project.
A substitute motion was made by Mayor Berry to continue this item until the entire City
Council is present at the December 9, 2019 City Council meeting.
Substitute motion failed for lack of a second.
The original motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Morales, Peat and Johnson
NOES: 1 COUNCIL MEMBERS: Berry
ABSENT: 1 COUNCIL MEMBERS: Yarc
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.
Council Member Morales stated that Agenda Item No. 17, the Warrant Register, includes
warrant no. 51900 for$533.75 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. 51900 for the reason disclosed.
It was moved by Mayor Pro Tem Johnson and seconded by Council Member Morales, to
approve Consent Calendar Items No. 2 through 17.
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CITY COUNCIL MINUTES NOVEMBER 25, 2019
Mayor Berry stated that in voting on the Consent Calendar she is voting no on Agenda
Item No. 5 as she remains opposed to the parcel on Katella Avenue being utilized for an
assisted living facility.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Morales, Peat, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 3: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading.
Recommendation: Accept the Senior Center Skylight Replacement, Project 224, in the
amount of$455,940 and approve the final payment of$22,244 to Hardwood Construction,
Inc.
Item No. 4: Approve a Task Order for the Lincoln Avenue Median Restoration
Design, Project 229
Recommendation: Approve a Task Order to David Voltz Design for $67,480 for
Landscape Design Services and authorize a contingency of$10,120.
Item No. 5: Approve Final Parcel Map 2017-180 (Northeast Corner of Katella
Avenue and Enterprise Drive)
Recommendation: Approve Final Parcel Map 2017-180 and authorize the City Clerk to
sign the record map.
Item No. 6: Approve the Installation of Six Pickleball Courts as Part of the Arnold
Cypress Park Roller Hockey Rink Capital Improvement Project
Recommendation: Approve the installation of six Pickleball courts as part of the Arnold
Cypress Park Roller Hockey Rink Capital Improvement Project.
Item No. 7: Approve Action Style Minutes for City Council Meetings
Recommendation: Approve action style minutes for City Council meetings.
Item No. 8: Approve first reading of an Ordinance, by title only, amending Chapter
13, Section 13-20, "Assessment; Lien," relating to cost recovery for Public
Nuisance Abatement
Recommendation: Approve first reading of an Ordinance, by title only, amending
Chapter 13, Section 13-20, "Assessment; Lien," relating to cost recovery for Public
Nuisance Abatement.
Item No. 9: Award a Contract to KASA Construction for the Replacement of the
Oak Knoll Park Restroom and Concession Building
Recommendation:
1. Award a contract to KASA Construction for $318,500, and authorize a contingency of
$48,000, for the replacement of the Oak Knoll Park restroom and concession building;
and
2. Appropriate $172,069 in the Cypress Recreation and Park District's General Fund for
construction and inspection costs in excess of the project budget.
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CITY COUNCIL MINUTES NOVEMBER 25, 2019
Item No. 10: Award Contract for Building Inspection and Plan Check Services
Recommendation:
1. Award a two-year contract to Charles Abbott Associates, Inc. (CAA) for building
inspection and plan check services, and
2. Transfer $112,500 in the City's General Fund from personnel costs to professional
services to provide for contract Building Official costs from January 1 to June 30, 2020.
Item No. 11: Excuse Absences of Commissioners Ginger Osman, Carole Shaw,
and Jan Stein
Recommendation: Excuse the absences of Commissioners Ginger Osman, Carole
Shaw, and Jan Stein.
Item No. 12: Receive and File Investment Report for the Month Ended October 31,
2019
Recommendation: Receive and file the attached investment report
Item No. 13: Receive and File the Strategic Plan Six-Month Objectives Update
Recommendation: Receive and file the strategic plan six-month objectives update.
Item No. 14: Receive and File Status Update on Traffic Circulation Needs
Assessment
Recommendation: Receive and file status update on Traffic Circulation Needs
Assessment.
Item No. 15: Reject All Bids for Rubberized Playground Resurfacing at Various
Parks, Project 245
Recommendation: Reject all bids for the Rubberized Playground Resurfacing, Project
245, and direct staff to re-advertise the project.
Item No. 16: Second Reading and Adoption of an Ordinance Updating the
Municipal Code to Incorporate the 2019 Revisions to the Master Fee Schedule
Recommendation: Adopt an Ordinance updating the Municipal Code to incorporate the
2019 revisions to the Master Fee Schedule.
Item No. 17: Approve Register of Warrants, Transfers, and Wires Issued for the
Period of October 26, 2019 through November 8, 2019
Recommendation: Approve the attached payment register summarized below for the
period of October 26, 2019 through November 8, 2019:
• Electronic Funds Transfers 6904 through 7084
• Warrants 51819 through 51959
• Payroll Transfer W1403
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
None.
COUNCIL MEMBER REPORTS AND REMARKS
Mayor Berry requested reports from the Council Members on their respective committee
assignments.
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CITY COUNCIL MINUTES NOVEMBER 25, 2019
Council Member Morales:
Attended an annual reunion of retired Cypress Police Officers. Attended the Cypress
College Foundation Americana Awards kickoff event.
Council Member Peat:
Attended the Cypress College Foundation Americana Awards kickoff event. Attended the
Cypress High School Grad Night Casino Night fundraiser. Attended the West-Comm
Board of Directors meeting. Attended funeral services for Paulo A. Morales, father of
Council Member Morales. Attended funeral services for Former Mayor Walt Bowman.
Mayor Pro Tern Johnson:
Attended the Orange County City Selection Committee meeting. Attended the Cypress
High School Grad Night Casino Night fundraiser. Attended the funeral services for Paulo
A. Morales, father of Council Member Morales. Attended an Orange County Fire
Authority Board meeting. Attended the Cypress High School Football semi-finals game.
Mayor Berry:
Attended an Executive Management Committee meeting for the Orange County Council
of Governments. Attended the Volunteer Police Appreciation Luncheon. Attended an
Executive Committee meeting for the Orange County Division of the League of California
Cities. Participated in a teleconference Legislative Communications and Membership
Committee meeting for the Southern California Association of Governments. Attended
the funeral services for Paulo A. Morales, father of Council Member Morales. Attended
the Orange County Sanitation District Board Meeting. Attended the Buena Park Mayor's
Prayer Breakfast. Attended a Board meeting for the Orange County Council of
Governments. Attended an Executive Board meeting for the Santa Ana River and Flood
Protection Agency. Attended funeral services for Former Mayor Walt Bowman. Attended
a Board meeting for the League of California Cities. Participated in an event for survivors
of human trafficking with the Woman's Club of Cypress at Project Choice.
CITY MANAGER REMARKS
The City Manager stated that City Hall will close on Thursday and Friday (November 28
and 29) in observance of Thanksgiving and there will be no street sweeping on those
days.
ADJOURNMENT — IN MEMORY OF PAULO A. MORALES, FATHER OF COUNCIL
MEMBER MORALES, AND FORMER MAYOR WALT BOWMAN
Mayor Berry adjourned the meeting at 8:42 p.m. to an adjourned Regular Meeting, to be
held on Monday, December 9, 2019, beginning at 5:30 p. 'n the Executive Board Room.
MAYOR OF E CITY OF CYPRESS
ATTEST:
L. -(4.,,fi.,2
CITY LERK OF THE CITY OF CYPRESS
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