Minutes 2014-11-10372
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 10, 2014
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Mills in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Leroy Mills
Mayor Pro Tem Rob Johnson
Council Member Doug Bailey
Council Member Prakash Narain
Council Member Mariellen Yarc
Staff present:
City Manager Peter Grant
City Attorney William Wynder
Assistant City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Police Chief Jackie Gomez - Whiteley
Director of Community Development Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Management Analyst Alisha Farnell
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
Mayor Mills congratulated and welcomed newly elected City Council Members Stacy
Berry, Paulo Morales, and Jon Peat.
WORKSHOP SESSION:
The City Manager indicated that the City Council would hold a workshop to review City
Council goals. He indicated that the workshop is intended to allow for dialogue
between the current City Council Members and the newly elected City Council
Members.
Mayor Mills reviewed the five City of Cypress Goals and allowed City Council Members
an opportunity to speak regarding the goals. He stressed the importance of retaining
current businesses and the need to attract new businesses from other areas.
Council Member Narain spoke regarding the positive effects of BRACE and encouraged
its continuation.
Council Member Bailey spoke in support of Council Member Narain's comments and in
regard to business and property taxes. He stated the newly elected City Council
Members would be dealing with various Federal and State agencies, and expressed
confidence that each are well - prepared for the unexpected. He spoke of political
adjustments that would be necessary during their term of office, economic development
within the City, and support for the BRACE and AGENT programs.
Mayor Pro Tem Johnson spoke regarding the goals of the SPIRIT, AGENT, and
BRACE programs, and the importance of listening to the voices of the community.
CITY COUNCIL MINUTES NOVEMBER 10, 2014 373
Council Member Narain asked the City Attorney for elaboration of the Brown Act upon
the City Council Members' election.
The City Attorney indicated that the City Manager would be conducting an orientation
for the newly elected City Council Members, and that information would be available on
the City Attorney's Office. He stated that, once the elections are certified by the Orange
County Registrar of Voters and the Oath of Office is taken, caution should be taken with
regard to speaking to other City Council Members about matters that may come before
the City Council.
Council Member Yarc spoke of the importance of open communication with residents.
Council Member Bailey spoke regarding the importance of reaching out to all residents,
not only to those who speak at the City Council meetings, and participating in
community events.
Mayor Mills spoke of the inability to please everyone and commented that success
would be defined as pleasing at least 51% of the people 100% of the time.
Mayor Pro Tem Johnson spoke regarding relying upon City staff and the City Manager
for policy and protocol matters.
Mayor Mills commented on the City's fiscally stability and the effects of the recession.
Council Member Bailey spoke regarding the seven -year Capital Improvement Program
(CIP) and its annual review.
Council Member Bailey spoke regarding effective government operations and stated
that the newly elected City Council Members could rely on City staff instead of micro -
managing controversial issues.
Council Member Narain indicated that the City Council Members set policies and that
the City Council should not micro - manage, as it would create confusion. He suggested
that the City Manager be a direct resource instead of contacts at a staff level.
Council Member Yarc stated that the newly elected City Council Members should
prepare to slow down.
Mr. Peat asked about leases, businesses, or areas of concern with regard to retail
development and the City's economic base.
The City Manager responded that he would meet individually with the newly elected City
Council Members to discuss that subject matter.
Mayor Mills commented that businesses prefer not to disclose their sales revenues and
that several years ago, the City Council passed a Resolution whereby that information
is not given to City Council Members.
Council Member Narain indicated that he previously served as a Senior Citizens
Commissioner and the change of his status since serving as a City Council Member
and serving a broader population of the City.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Anticipated Litigation, pursuant to
Government Code Section 54956(d)(4), Number of Cases: One.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Anticipated Litigation, pursuant to
Government Code Section 54956(d)(2) or (d)(3) & (e)(1), Number of Cases: One.
At 6:30 p.m., the Mayor recessed the meeting.
2
CITY COUNCIL MINUTES NOVEMBER 10, 2014 374
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by
Mayor Mills.
Members present:
Mayor Leroy Mills
Mayor Pro Tem Rob Johnson
Council Member Doug Bailey
Council Member Prakash Narain
Council Member Marielien Yarc
Staff present:
City Manager Peter Grant
City Attorney William Wynder
Assistant City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
Police Chief Jackie Gomez - Whiteley
Director of Community Development Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Planning Manager Doug Hawkins
Associate Planner Kori Sanders
Recreation Superintendent Dena Diggins
Recreation Supervisor Jeff Draper
Management Analyst Alisha Farnell
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills.
INVOCATION: The invocation was given by City Attorney Wynder.
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 Manager reported that the City Council held a workshop regarding review of
the City Council goals and a dialogue with the three newly elected City Council
Members. He stated that no direction or action was taken.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Legal Counsel — Anticipated Litigation, pursuant to Government Code
Section 54956(d)(4), Number of Cases: One. He stated that the City Council was
advised of a request received from the County of Orange to participate as a friend of
the court on behalf of the County of Orange to urge the California Supreme Court to
take an important case which will affect public agencies throughout Orange County. He
stated that the City Council unanimously authorized the preparation and filing of an
amicus brief in support of the County of Orange.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Legal Counsel — Anticipated Litigation, pursuant to Government Code
Section 54956(d)(2) or (d)(3) & (e)(1), Number of Cases: One. He stated that tendering
a defense on behalf of the City to a potential defendant in an ongoing pending action
was discussed, and that the City Council unanimously authorized tendering such
defense.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS:
Mayor Mills recognized City Attorney William Wynder.
3
CITY COUNCIL MINUTES NOVEMBER 10, 2014 375
Mayor Mills recognized Cypress Veteran Alex Olea.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Mills asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Katie Wiedel, Cypress, spoke regarding the U.S. Marine Corps birthday.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: PUBLIC HEARING REGARDING AMENDMENT NO. 4 TO
CONDITIONAL USE PERMIT NO. 84 -5, A REQUEST TO UPGRADE AN EXISTING
ABC LICENSE FROM OFF -SALE BEER AND WINE TO OFF -SALE GENERAL
ALCOHOL AT THE TARGET STORE LOCATED AT 6835 KATELLA AVENUE IN THE
PC -1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
The public hearing was opened.
Ms. Beth Aboulafia, authorized representative of the Target Corporation, stated that she
accepts the Conditions of Approval.
Mayor Mills asked if there was anyone who wished to speak on this item.
The public hearing was closed.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson,
that the City Council adopt the Resolution by title only, approving Amendment No. 4 to
Conditional Use Permit No. 84 -5, subject to the conditions in Exhibit "A" of the Resolution.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 4 TO CONDITIONAL USE
PERMIT NO. 84 -5 — WITH CONDITIONS.
Item No. 2: PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2009 -01, A REQUEST TO MODIFY AN EXISTING MONOPALM-
TYPE ANTENNA FACILITY LOCATED AT 6046V2 LINCOLN AVENUE IN THE PC
PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem Johnson asked if the 50' antenna height is consistent with antennas in
the City and along Ball Road.
The Associate Planner responded in the affirmative.
Mayor Pro Tem Johnson asked if the monopalm -type antenna facility would be
detrimental to the sale of the property and if there is a required amount of time that the
antenna facility is required to remain at a site.
4
CITY COUNCIL MINUTES NOVEMBER 10, 2014
The Associate Planner responded that the antenna facility lease is with the property
owner and this site was originally approved for one 50' antenna and that another
purveyor was able to locate at a lower distance on the pole. She stated that it would be
unlikely that one would be removed and that there has not been issues with the sale of
property.
Mayor Mills spoke regarding the inconsistent angle symmetry as depicted in Proposed
Antenna Plan (Attachment B -3) and concerns with the uniformity of the radiation
pattern.
The Associate Planner responded that the applicant could respond to the question.
The public hearing was opened.
Mr. Tim Miller, authorized representative of AT &T Mobility, stated that he accepts the
Conditions of Approval, and that the upgrades are necessary in order to keep up with
capacity upgrades.
Mayor Mills asked about the inconsistent angle symmetry as depicted in Proposed
Antenna Plan (Attachment B -3) and concerns with the uniformity of the radiation
pattern.
Mr. Miller responded that there were gaps in service with the original proposed design
and that alterations were made based on the desired area and that the palm fronds
design fits in better.
Mayor Mills asked if there was anyone who wished to speak on this item.
Mr. Mike Poppa asked if there are providers other than AT &T on the tower.
Mr. Miller responded no.
The public hearing was closed.
Council Member Bailey asked if the antenna angle could be revised by AT &T without
requiring City Council approval.
The Associate Planner responded in the affirmative, and that an increase in the number
or size of the antenna would require an amendment to the Conditional Use Permit.
Council Member Narain asked if the antenna facilities are owned by various companies.
The Associate Planner replied that the City Antenna Ordinance encourages co- location
and that lower antennas would require more along with a required separation distance.
She indicated that many are on rooftops.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Johnson,
that the City Council adopt the Resolution by title only, approving Amendment to
Conditional Use Permit No. 2009 -01, subject to the conditions in Exhibit "A" of the
Resolution.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2009 -01 — WITH CONDITIONS.
5
376
CITY COUNCIL MINUTES NOVEMBER 10, 2014 377
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.
It was moved by Mayor Pro Tem Johnson and seconded by Council Member Narain, to
approve Consent Calendar Items No. 3 through 12.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
OCTOBER 27, 2014.
Recommendation: That the City Council approve the Minutes of the Meeting of
October 27, 2014, 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: ACCEPTANCE OF MYRA AVENUE STORM DRAIN (SD2) PROJECT,
PUBLIC WORKS PROJECT NO. 84.
Recommendation: That the City Council: 1) Accept the Myra Avenue Storm Drain (SD2)
Project, Public Works Project No. 84, as being satisfactorily completed in conformance
with the project specifications, in the final amount of $3,615,920.39; and 2) Approve the
final retention payment of $178,516.02 to Excel Paving, Long Beach, California; and 3)
Authorize the City Clerk to release the Labor and Materials Bond and the Faithful
Performance Bond upon expiration of the required lien period, if no claims or objections
have been filed, upon concurrence of the Director of Community Development.
Item No. 6: APPROVAL OF FINAL TRACT MAP NO. 17745. PROPERTY LOCATED
AT 4861 AND 4891 CAMP STREET.
Recommendation: That the City Council approve Final Tract Map No. 17745 and
authorize the City Clerk to sign the record map.
Item No. 7: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION TO THE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY FOR THE RUBBERIZED PAVEMENT GRANT PROGRAM.
Recommendation: That the City Council adopt the Resolution by title only, authorizing
submittal of an application to the Department of Resources Recycling and Recovery
(CalRecycle) for the Rubberized Pavement Grant Program.
RESOLUTION NO. 6481
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF APPLICATION TO THE DEPARTMENT
OF RESOURCES RECYCLING AND RECOVERY FOR THE RUBBERIZED
PAVEMENT GRANT PROGRAM.
Item No. 8: RECEIVE AND FILE FOR A CHANGE OF ADDRESS FOR 6125 CHIP
AVENUE.
Recommendation: That the City Council receive and file the report.
6
CITY COUNCIL MINUTES NOVEMBER 10, 2014
Item No. 9: AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE PERMIT NO.
87 -34, A REQUEST TO EXPAND THE LOADING DOCK AREA AND EXTEND THE
SATURDAY LOADING HOURS AT AN OFFICE/WAREHOUSE BUILDING LOCATED
AT 11150 HOPE STREET IN THE PC -2 PLANNED COMMUNITY BUSINESS PARK
ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Amendment No. 2 to Design Review Committee Permit No. 87 -34, subject to the
conditions in Exhibit "A" of the Resolution.
RESOLUTION NO. 6482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 2 TO DESIGN REVIEW
COMMITTEE PERMIT NO. 87 -34 — WITH CONDITIONS.
Item No. 10: APPOINTMENT OF CITY TREASURER.
Recommendation: That the City Council, and acting as the ex- officio Board of Directors
of the Cypress Recreation and Park District, appoint Matt Burton, Director of Finance and
Administrative Services, as Treasurer of the City of Cypress.
Item No. 11: ADOPTION OF A RESOLUTION ESTABLISHING A 401(A)
GOVERNMENTAL MONEY PURCHASE PLAN AND AUTHORIZING THE
EXECUTION OF PLAN DOCUMENTS.
Recommendation: That the City Council, and acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
establishing a 401(a) Governmental Money Purchase Plan and authorizing the execution
of a Governmental Money Purchase Plan and Trust Agreement with ICMA Retirement
Corporation (ICMA -RC).
RESOLUTION NO. 6483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, ADOPTING A 401(A)
GOVERNMENTAL MONEY PURCHASE PLAN.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 32102 THROUGH
32288.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2014 -15.
END OF CONSENT CALENDAR
NEW BUSINESS:
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
Item No. 13: CONSIDERATION OF ADOPTION OF A GENDER EQUITY POLICY
AND GRIEVANCE PROCEDURES TO MEET AB 2404 RELATED TO
DISCRIMINATION IN ATHLETIC PROGRAMS.
The Director of Recreation and Community Services provided background information
on this item.
Council Member Bailey asked if a proposed participation opportunity would be outlined
and if the policy would be as stringent as Title IX.
7
378
CITY COUNCIL MINUTES NOVEMBER 10, 2014
The Director of Recreation and Community Services responded that the purpose of the
policy is to ensure that the City and /or District is not purposely or ignorantly
underrepresenting any particular participation in any sport and /or athletic program that
has a youth sports component. She indicated that staff is diligently counting male and
female youth participants to ensure that there is not underrepresentation. She stated
that policy compliance would include publicizing and creating program offerings for the
underrepresented gender and that there could not be an overconcentration.
Council Member Bailey asked about non - profit groups' non - compliance with the policy.
The Director of Recreation and Community Services indicated that allocation of
resources would require policy compliance if the City and /or District resources are being
used.
Council Member Bailey asked if there would be State authority monitoring the policy.
The Director of Recreation and Community Services stated that there is no regulatory
Board; rather non - compliance with the policy could result in either a grievance or
lawsuit, and that the District complies with 12 specific factors to ensure that any form of
underrepresentation does not occur.
Council Member Yarc asked if the policy had been in effect for the past 10 years.
The Director of Recreation and Community Services responded in the affirmative, and
indicated that within the last five years, staff has been monitoring and creating data to
support policy compliance.
It was moved by Mayor Mills and seconded by Mayor Pro Tem Johnson, that the City
Council, acting as the ex- officio Board of Directors for the Cypress Recreation and Park
District, adopt the proposed Gender Equity Policy and the Gender Equity Grievance
Procedures as related to AB 2404 (Steinberg) — Discrimination: Athletic Programs.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS:
The Cypress City Council, Acting as the Successor Agency to the Cypress
Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Mills requested reports from the Council Members on their respective committee
assignments.
Council Member Johnson:
Attended an Exploring World War II Battlefields seminar at the Cypress Senior Citizens
Center. Attended the City of Stanton State of the City luncheon. Attended the 25th
Annual Spurgeon Awards luncheon. Congratulated newly elected City Council
Members Stacy Berry, Paulo Morales, and Jon Peat.
8
379
CITY COUNCIL MINUTES NOVEMBER 10, 2014 380
Council Member Yarc:
Attended the Dana Point Woman's Club luncheon. Attended a reception for newly
promoted Director of Finance and Administrative Services Matt Burton. Attended the
25th Annual Spurgeon Awards luncheon.
Council Member Narain:
Attended various local election activities. Congratulated newly elected City Council
Members Stacy Berry, Paulo Morales, and Jon Peat. Attended a farewell reception for
outgoing City of Seal Beach Council Members. Attended an O.C. Sanitation District
Board meeting. Attended a reception for newly promoted Director of Finance and
Administrative Services Matt Burton. Participated in a ride -along with the Police Chief.
Congratulated the Police Chief on her Spurgeon Award recognition.
Council Member Bailey:
Congratulated newly elected City Council Members Stacy Berry, Paulo Morales, and
Jon Peat.
Council Member Mills:
Attended the City of Stanton State of the City luncheon. Attended the Veterans
Appreciation luncheon at the Cypress Senior Citizens Center. Spoke regarding parking
concerns at the Cypress Senior Citizens Center. Reminded of the Caldwell Dental
Care free dental care for Veterans on November 11, 2014.
ITEMS FROM CITY MANAGER:
The City Manager congratulated newly elected City Council Members Stacy Berry,
Paulo Morales, and Jon Peat. He spoke regarding a community meeting on the
proposed development of a senior housing community and commercial project at the
northeast corner of Katella Avenue and Enterprise Drive on November 19, 2014, at
7:00 p.m. He reminded of the Cypress Holiday Bazaar on Saturday, November 22,
2014, and spoke regarding the Veterans Day Tribute at the Cypress Senior Citizens
Center. Wished everyone a happy Veteran's Day and indicated that City Hall would be
closed in observance of the holiday.
The Recreation Supervisor spoke regarding the success of the Veterans Day Tribute at
the Cypress Senior Citizens Center on November 7, 2014, and encouraged the City
Council Members to visit the Cypress Senior Citizens Center.
ADJOURNMENT: Mayor Mills adjourned the meeting at 8:06 p.m. to Monday,
November 24, 2014, beginning at 5:30 p.m. in the Ex cut. e Board Room.
ATTEST:
/ (
CITY CLERK OF THE CITY OF CYPRESS
9
MAYO OF THE CITY OF CYPRESS