2020-11-2313
REGULAR MEETING
CYPRESS CITY COUNCIL
November 23, 2020
6:30 P.M.
The Cypress City Council conducted this meeting via teleconference in accordance with
California Governor Newsom's Executive Orders N-29-20 and COVID-19 pandemic
protocols.
Mayor Johnson called the meeting to order at 6:30 p.m.
ROLL CALL
Cypress City Council, also acting as the Ex -Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Rob Johnson
Mayor Pro Tem Marielien Yarc
Council Member Stacy Berry (via teleconference)
Council Member Paulo Morales
Council Member Jon Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante (via teleconference)
Assistant City Attorney Anthony Taylor (via teleconference)
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 as
follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITAGATION
Pursuant to Government Code Section 54956(a) & (d)(1)
McMenamee v. City of Cypress, et al.
Case No. 30-2019-01091613-CU-PA-CJC
Orange County Superior Court
At 6:31 p.m., the Mayor recessed the meeting.
RECONVENE
The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by
Mayor Johnson.
ROLL CALL
Cypress City Council, also acting as the Ex -Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Rob Johnson
Mayor Pro Tem Marielien Yarc
Council Member Stacy Berry (via teleconference)
Council Member Paulo Morales
Council Member Jon Peat
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STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante (via teleconference)
Director of Finance and Administrative Services Matt Burton (via teleconference)
Acting Chief of Police Chris Revere (via teleconference)
Director of Community Development Doug Dancs (via teleconference)
Director of Recreation and Community Services Cameron Harding (via teleconference)
Planning Director Alicia Velasco
City Clerk Alisha Farnell
Communications and Marketing Analyst Brooke Straus (via teleconference)
Orange County Fire Authority Division Chief Mike Petro (via teleconference)
PLEDGE OF ALLEGIANCE Council Member Morales led the Pledge of Allegiance.
INVOCATION City Council observed a moment of silence.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session to discuss the sole
item listed on the agenda, Conference with Legal Counsel — Existing Litigation regarding
McMenamee v. City of Cypress, et al.
The City Attorney reported that the City Council received an update on the status of that
litigation. Additionally, by motion of Council Member Peat and seconded by Mayor Pro
Tem Yarc and carried 5-0, the City Council unanimously provided direction on settlement
in this matter.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS
The Communications and Marketing Analyst provided a presentation on the Certified
Cypress Farmers Market Collaboration.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
None.
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. 8, the Warrant Register, includes
electronic fund transfer no. 8477 for $770.87 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 electronic fund transfer no. 8477 for the
reason disclosed.
It was moved by Council Member Peat and seconded by Council Member Morales, to
approve Consent Calendar Items No. 1 through 8.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the November 23,
2020 City Council Meeting
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Recommendation: Receive and file submitted public comments.
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: Approve Minutes — Meeting of November 9, 2020
Recommendation: Approve as submitted.
Item No. 4: Award Contracts for ADA Playground Surfacing at Various Parks,
Project 276
Recommendation:
1. Approve Plans and Specifications for the ADA Playground Surfacing at Various
Parks, Project 276; and
2. Approve a contract to R.E. Schultz Construction Inc. for $463,580, and authorize a
contingency of $46,400; and
3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and
Associates, Inc.), for $21,120, and authorize a contingency of $3,200.
Item No. 5: Award Contracts for Arterial Rehabilitation, Project 258
Recommendation:
1. Approve Plans and Specifications for Arterial Rehabilitation, Project 258; and
2. Award a contract to All American Asphalt, Corona, CA, for $699,327.00, and authorize
a contingency of $70,000; and
3. Approve a Task Order for Construction Inspection Services to TRC/Vali Cooper and
Associates, for $68,848, and authorize a contingency of $6,800.
Item No. 6: Award On -Call Contracts for Police Department Motorcycle
Maintenance and Repair Services
Recommendation: Award on-call contracts for Police Department motorcycle
maintenance and repair services to Long Beach BMW Motorcycles and Brown BMW in
Pomona.
Item No. 7: Receive and File the attached Investment Report for the Month Ended
October 31, 2020
Recommendation: Receive and file the attached investment reports.
Item No. 8: Approve Register of Warrants, Transfers, and Wires Issued for the
Period of October 24, 2020 through November 6, 2020
Recommendation: Approve the attached payment register summarized below for the
period of October 24, 2020 through November 6, 2020:
• Electronic Funds Transfers 8461 through 8494
• Warrants 55158 through 55296
• Payroll Transfer W1431
PUBLIC HEARINGS
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The City Attorney provided an overview of the conditional use permit and public hearing
process, as well as the standard of proof of evidence required for approval or denial of a
conditional use permit.
The Mayor stated that Members of the City Council should disclose any communications
with anyone relevant to the Public Hearing item.
Mayor Pro Tem Yarc disclosed that she attended a tour of the Amazon facility in Anaheim.
Council Member Berry disclosed that she attended a tour of the Amazon facility in
Anaheim, virtual meetings with Duke Realty, and interactions with residents in the nearby
residential track.
Council Member Morales disclosed that he attended a tour of the Amazon facility in
Anaheim, spoke to representatives of Greenlaw Partners and Duke Realty, and spoke to
members of the community.
Council Member Peat disclosed that he attended a tour of the Amazon facility in Anaheim,
spoke to representatives of Greenlaw Partners, Duke Realty, and Amazon. He further
disclosed that he visited the property site to take measurements of his own and also had
communications with a number of residents.
Mayor Johnson disclosed that he attended a tour of the Amazon facility in Anaheim and
spoke to representatives of Amazon, Duke Realty, and Greenlaw Partners.
Item No. 9: Approve a Conditional Use Permit and Certify an Environmental
Impact Report for the Proposed Amazon Last -Mile Logistics Facility at 6400-6450
Katella Avenue
The Planning Director provided a report on this item.
City Council discussion ensued.
The applicant provided a presentation.
City Council discussion resumed.
The public hearing was opened.
Bill Quisenberry, Fullerton, spoke in support of the item.
Ron Noda, on behalf of the City of Los Alamitos, expressed concerns regarding this item.
George Pardon, Cypress, spoke in support of the item.
Alex Zamora, Santa Ana, spoke in support of the item.
Richard Licerio, Anaheim, spoke in support of the item.
Sheila Lewis, Cypress, spoke in opposition to the item.
Thomas Curtin, Cypress, spoke in opposition to the item.
Shelly Henderson, Cypress, spoke in support of the item.
Brittney Cook, Cypress, expressed appreciation for the work and communication efforts
made in association with the project.
Mari Barke, Rossmoor, spoke in support of the item.
Wayne Comeau, Cypress, spoke in opposition to the item.
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Vanessa Burtle, Cypress, spoke in support of the item.
The applicant spoke in response to comments regarding the construction of a barrier wall.
City Council asked follow-up questions of the applicant.
The public hearing was closed.
City Council provided final comments.
It was moved by Mayor Johnson and seconded by Council Member Peat, to adopt a
Resolution approving Conditional Use Permit No. 3177, subject to the attached conditions
as amended and presented by the Planning Director; and adopt a Resolution certifying
the Environmental Impact Report, approving the Findings and the Mitigation Monitoring
and Reporting Program.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat and Johnson
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6823
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 3177,
FOR DEVELOPMENT/ OPERATION OF A 150,000 SQUARE FOOT
AMAZON "LAST -MILE" DELIVERY FACILITY AT 6400-6450 KATELLA
AVENUE, IN THE CITY OF CYPRESS, CALIFORNIA
RESOLUTION NO. 6824
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) (SCH No. 2020069007), AND ADOPTING FINDINGS,
AND MITIGATION MEASURES, AND A MITIGATION MONITORING
AND REPORTING PROGRAM IN CONJUNCTION WITH THE
PROPOSED AMAZON "LAST -MILE" DELIVERY FACILITY AT 6400-6450
KATELLA AVENUE, IN THE CITY OF CYPRESS, CALIFORNIA
NEW BUSINESS
Item No. 10: Receive an Update from the City Manager and City Departments
Regarding the COVID-19 Emergency, and Provide Direction Concerning City
Operations, Allocation of City Resources, Maintenance of Essential Services,
Temporary Suspension and/or Closure of Non -Essential Public Services and
Facilities, Management of City Finances, Measures Necessary to Protect Public
Health and Safety, and Expenditures Necessary to Meet the Community's Needs.
The City Manager provided a report.
City Council discussion ensued.
The Director of Recreation and Community Services provided a report.
City Council discussion continued.
Orange County Fire Authority Division Chief Mike Petro provided a report.
No action was taken on the item.
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ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
None.
COUNCIL MEMBER REPORTS AND REMARKS
Mayor Pro Tem Yarc:
No report.
Council Member Berry:
No report.
Council Member Morales:
No report.
Council Member Peat:
No report.
Mayor Johnson:
Attended the groundbreaking ceremony for the park at Cerritos and Lexington.
Announced the birth of his second grandson earlier in the day.
CITY MANAGER REMARKS
No report.
ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:26 p.m. to an adjourned Regular Meeting, to
be held on Monday, December 14, 2020, beginning at 5:30 p.m. in the Executive Board
Room.
ATTEST:
CIT CLERK OF T E. CITY OF CYPRESS
R OF T E CITY OF CYPRESS