2015-09-28045
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 28, 2015
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Johnson in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Rob Johnson
Council Member Stacy Berry
Council Member Paulo Morales
Council Member Jon Peat
Members absent:
Mayor Pro Tem Mariellen Yarc
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Director of Finance and Administrative Services Matt Burton
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(a), Rand v. City of Cypress, WCAB No. ADJ9219051, Claim No. 13-
11 -5780.
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(a), Richard Linington and Michelle Moreno v. City of Cypress, Case
Number 30- 2015 - 00804210- CU- WM -CJC, Orange County Superior Court.
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(a), City of Cerritos et al., v. State of California et al., Case Number
C070484, California Court of Appeal, Third Appellate District.
At 6:02 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 7:01 p.m. by Mayor
Johnson.
Members present:
Mayor Rob Johnson
Council Member Stacy Berry
Council Member Paulo Morales
Council Member Jon Peat
Members absent:
Mayor Pro Tem Mariellen Yarc
Staff present:
City Manager Peter Grant
City Attorney Anthony Taylor
Assistant City Attorney Lindsay Tabaian
Director of Finance and Administrative Services Matt Burton
Police Chief Rodney Cox
Director of Community Development Doug Dancs
Director of Recreation and Community Services June Liu
CITY COUNCIL MINUTES
City Engineer Kamran Dadbeh
Human Resources Manager Cathy Thompson
Acting Public Works Superintendent Gonzalo Vazquez
City Planner Doug Hawkins
Assistant Planner Judy Aquino
Management Analyst Anna Sanchez
Recreation Superintendent Dena Diggins
Recreation Supervisor Jenni Worsham
Recreation Coordinator Kerrin Lakin
Pool Manager Courtney Mercer
Aquatics Instructor Jacqueline Youngerman
Senior Management Analyst Alisha Farnell
Deputy City Clerk Rhonda Barone
City Clerk Denise Basham
SEPTEMBER 28, 2015 046
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Peat.
INVOCATION: The invocation was given by Pastor Brian Kammer, West Cypress Church.
PRESENTATIONS:
Mayor Johnson made a special presentation to Dr. Robert Simpson, President, Cypress
College, in recognition for its partnership for the City's Summer Swim Program.
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(a), Rand v. City of Cypress, WCAB No. ADJ9219051, Claim No. 13 -11 -5780. He
stated that no reportable action was taken.
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(a), Richard Linington and Michelle Moreno v. City of Cypress, Case Number 30-
2015- 00804210- CU- WM -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 Legal Counsel — Existing Litigation, pursuant to Government Code Section
54956.9(a), City of Cerritos et al., v. State of California et al., Case Number C070484,
California Court of Appeal, Third Appellate District. He stated that no reportable action was
taken.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER
SPEAKER, SPEAKING ONCE.)
Mayor Johnson asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Don Seward, Cypress, spoke regarding a dog park in the City.
George Pardon, Cypress, spoke in support of Agenda Item #2.
Gene Vaughn, Cypress, spoke in opposition to the proposed Orange Avenue development.
Joel Oftelie, City Ventures, provided an update on the proposed Orange Avenue
development.
Danielle Cook, Cypress, spoke regarding the proposed Orange Avenue development and
concerns regarding Agenda Item #1.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2015
Tanya Washington, NOCCCD, thanked Mayor Pro Tem Yarc for inviting them to attend the
Women's Conference and presented a plaque for her.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: APPROVAL TO AMEND THE EXISTING BUSINESS HOURS AND ALLOW
THE CONSUMPTION OF BEER AND WINE IN THE OUTDOOR PATIO AREA OF THE
HYUN POONG GOM TANG RESTAURANT AT 4450 LINCOLN AVENUE — CONDITIONAL
USE PERMIT NO. 3040.
The Assistant Planner provided background information on this item. She indicated that on
page 2 of the Agenda Report, the change of hours should reflect 5 additional hours in the
morning, not 4 additional hours. She further informed that Conditions of Approval No. 23.1
should reflect the sales, service, and consumption of alcohol at 11:00 a.m., not 10:00 a.m.,
seven days a week.
Council Member Berry asked the Chief of Police if there had been concerns related to the
service of beer and wine at this location, and if concerns would be anticipated due to the
requested expansion.
The Chief of Police responded no.
Council Member Berry asked if the fencing in the outdoor dining patio area is adequate to
accommodate alcohol consumption containment.
The Assistant Planner responded in the affirmative, and indicated that Alcoholic Beverage
Control (ABC) would inspect and evaluate the fencing height.
Council Member Peat asked about Conditions of Approval No. 23.12 with regard to food
service stopping one hour prior to closing on each day of operation.
The Assistant Planner indicated that there would be no food service during the last hour of
restaurant operation.
Mayor Johnson spoke of other restaurants in the shopping center and asked if these
amendments would pose concerns for the area.
The Assistant Planner responded no, and clarified that ABC allows up to seven on -sale beer
and wine licenses, that there are currently four in the shopping center, and that the business
has an existing ABC license.
The public hearing was opened.
Mayor Johnson asked if there was anyone who wished to speak on this item.
The applicant, Ms. Kayleen Park, indicated that she accepts the Conditions of Approval.
Council Member Morales asked if alcohol other than beer and wine would be sold.
Ms. Park responded no.
Council Member Morales asked when the restaurant was purchased.
Ms. Park responded that the restaurant was purchased in February 2015, and that it opened
in March 2015.
The public hearing was closed.
It was moved by Council Member Peat and seconded by Council Member Berry, that the
City Council adopt the Resolution by title only, approving Conditional Use Permit No. 3040,
subject to the conditions in Exhibit "A," as amended.
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047
CITY COUNCIL MINUTES
The motion was unanimously carried by the following roll call vote:
SEPTEMBER 28, 2015 048
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
RESOLUTION NO. 6532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3040
— WITH CONDITIONS.
Item No. 2: APPROVAL OF AN INTERIM ORDINANCE IMPOSING A MORATORIUM
ON NEW RESIDENTIAL USES, INCLUDING MULTI - FAMILY AND MIXED USE, IN THE
OFFICE PROFESSIONAL, COMMERCIAL NEIGHBORHOOD, COMMERCIAL GENERAL,
AND COMMERCIAL HEAVY ZONES.
Council Member Berry disclosed that she has spoken with several residents regarding this
item.
The Director of Community Development provided background information on this item.
Council Member Berry asked why a four - fifths vote of the City Council is required.
The City Attorney responded that a four - fifths vote of the City Council is required as the
Government Code Section authorizing various types of moratoriums imposes that legal
requirement. He stated that it is imposed generally as a matter of legal policy because it is
the type of action that would have a greater impact than some other types of land use
actions that the City Council might impose. He clarified that, due to Mayor Pro Tem Yarc's
absence, all of the City Council Members would have to vote for the moratorium ordinance
to go into effect and that, unlike most common ordinances, this ordinance would be
effective immediately upon adoption, if approved by the City Council.
Council Member Berry asked if this is the first time a developer has come forward for this
type of proposed development.
The Director of Community Development responded that this is the first formal application,
however an application had been received previously for a mixed -use development.
Council Member Morales clarified that, if approved by the City Council, the moratorium
would be effective immediately and exclude projects that have already been submitted.
The Director of Community Development responded in the affirmative.
Council Member Peat asked if the Lincoln Avenue Specific Plan would be affected.
The Director of Community Development replied that Lincoln Avenue is a Specific Plan that
would not be affected.
Mayor Johnson thanked the City Manager and city staff for the workshop on planning,
zoning, and land use held on September 21, 2015, and asked if the moratorium could be
extended beyond the initial 45 days.
The City Attorney indicated that the next steps allowable by law before an extension would
be granted would be for the City Council to be presented with a very detailed report required
by the Government Code for any type of moratorium extension, and the item would then be
brought back to the City Council for consideration. He clarified that the moratorium
ordinance would preserve the status quo of the land.
The public hearing was opened.
Mayor Johnson asked if there was anyone who wished to speak on this item.
Rachel Miranda, Cypress, spoke in opposition of the proposed Orange Avenue
development.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2015 049
Lisa Berger, Cypress, spoke in opposition to the City's growth and expressed support of the
moratorium.
Julie Oakley, Cypress, requested that the moratorium be retroactive and impact the existing
application. She spoke in support of business and retail development.
Patricia Boggs, Cypress, spoke in support of the moratorium and creating a Planning
Commission.
Mayor Johnson asked about the possible creation of a Planning Commission.
The City Manager stated that creation of a Planning Commission would alter the City
Charter and require a ballot vote of Cypress residents.
The public hearing was closed.
Council Member Morales spoke of the City Council efforts with regard to this matter.
Council Member Berry asked if City Ventures has submitted a formal, corrected application
for development.
The Director of Community Development responded in the affirmative, and indicated that
the application is pending review of a required traffic report.
Council Member Berry asked if it is necessary to exclude City Ventures' proposed project
from the moratorium.
The City Attorney replied that his recommendation to the City Council would be to exclude
City Ventures from the moratorium due to the City's possible liability exposure.
Council Member Berry asked about the 2004 zoning change and if staff has determined
why the change was made.
The Director of Community Development indicated that the 2004 zoning change consultant
informed that the project manager is no longer with the firm and the firm no longer does
planning. He stated that the person who did the environmental had no knowledge of the
land use change.
The City Manager stated that the 2004 zoning change was identifiable in the agenda report
and City Council minutes, and that the moratorium period should be used to focus on how
to best handle those land use zones today and to move forward with options that may
include retention, removal, or modification of the land use.
Mayor Johnson thanked the members of the public for their comments, and thanked City
staff for their work on this matter.
It was moved by Council Member Morales and seconded by Mayor Johnson, that the City
Council: 1) Conduct a public hearing to consider the interim Ordinance; and 2) Waive
further reading and adopt, by a four - fifths (4 /5ths) vote of the City Council, the interim
Ordinance by title only (to take effect immediately upon adoption), which imposes a
moratorium on the approval of any projects proposing residential development in
commercial zones except for any project where a development application submittal has
been provided to the City prior to adoption of the Ordinance.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
ORDINANCE NO. 1150
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, PROHIBITING THE PERMITTING OF RESIDENTIAL USES
IN ANY COMMERCIAL ZONES WITHIN THE CITY AS SUCH ZONES
ARE DEFINED IN SECTION 2.06.030, OF ARTICLE 2 OF
APPENDIX I OF THE CYPRESS MUNICIPAL CODE.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2015 050
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 Council Member Peat and seconded by Council Member Berry, to approve
Consent Calendar Items No. 3 through 11.
Mayor Johnson stated that he was voting "no" on Consent Calendar Item No. 9.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
SEPTEMBER 14, 2015.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 14, 2015, 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: PROCLAIMING THE WEEK OF OCTOBER 4 — 10, 2015 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of October 4 — 10,
2015 as "Fire Prevention Week" in the City of Cypress.
Item No. 6: ACCEPTANCE OF ANNUAL SLURRY SEAL, PROJECT 129.
Recommendation: That the City Council accept the Annual Slurry Seal Project in the final
amount of $1,037,284.57 and approve the final retention payment of $51,864.23 to American
Asphalt South, Inc.
Item No. 7: ACCEPTANCE OF ANNUAL OVERLAY, PROJECT 130.
Recommendation: That the City Council accept the Annual Overlay Project in the final
amount of $1,079,346.44 and approve the final retention payment of $53,967.33 to RJ Noble.
Item No. 8: APPROVE AN AGREEMENT WITH CIGNA TO PROVIDE INSURANCE
BENEFITS TO ELIGIBLE CITY EMPLOYEES.
Recommendation: That the City Council, and acting as the ex- officio governing Board of
Directors of the Cypress Recreation and Park District, authorize the City Manager to execute
a two -year agreement with Cigna to provide basic life /accidental death and dismemberment
insurance, short-term disability and long -term disability benefits to eligible City employees.
Item No. 9: SUSPENSION OF ENFORCEMENT OF PORTIONS OF SECTION 17 -74.4
OF THE CYPRESS MUNICIPAL CODE.
Recommendation: That the City Council suspend enforcement of the specific portions of
Section 17 -74.4 of the Cypress Municipal Code (the "Ordinance ") as set forth.
Item No. 10: RECEIVE AND FILE INVESTMENT REPORT FOR THE MONTH OF
AUGUST 2015.
Recommendation: That the City Council receive and file the Investment Report for the
month of August 2015.
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CITY COUNCIL MINUTES SEPTEMBER 28, 2015 05 1
Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 35834 THROUGH 35942.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2015 -16.
END OF CONSENT CALENDAR
NEW BUSINESS:
Item No. 12: APPROVAL OF PURCHASE OF 800 MEGAHERTZ RADIO UPGRADE
EQUIPMENT, INSTALLATION AND PROGRAMMING.
The Police Chief provided background information on this item.
Council Member Berry asked if the radio upgrade equipment purchase amount of $316,000
is a reduced cost.
The Chief of Police responded in the affirmative.
Council Member Morales asked when the existing radio system was purchased.
The Chief of Police responded that the existing radio system was purchased in 1996.
Council Member Morales asked if the new radio system includes hardware upgrades.
The Chief of Police responded in the affirmative.
Council Member Peat asked about the multiple fiscal year total estimated cost as depicted
in Exhibit C.
The Chief of Police responded that the radio system upgrade would be approximately $1.5
million over a three -year period.
Council Member Peat asked if the budget has to be amended in order to allow for the
purchase.
The Director of Finance and Administrative Services responded that the agenda report
includes a recommendation for the appropriation of funds.
Mayor Johnson spoke regarding the significant savings for the purchase of the radio system
prior to October 31, 2015.
It was moved by Council Member Berry and seconded by Council Member Morales, that the
City Council: 1) Approve the appropriation of $344,417 from the Equipment Replacement
Fund for the purchase and installation of the new 800 Megahertz (MHz) public safety mobile
radios; and 2) Approve the purchase of the 800 MHz public safety mobile radio upgrade
equipment to Motorola Solutions in an amount up to $316,897; and 3) Approve the purchase
to install and program the new 800 MHz public safety mobile radios to the Orange County
Sheriffs Department, Communications and Technology Division, in an amount up to $27,820.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat, and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex
Officio Governing Board of Directors.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
CITY COUNCIL MINUTES
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Johnson requested reports from the Council Members on their respective committee
assignments.
Council Member Peat:
SEPTEMBER 28, 2015 052
Attended the Planning, Zoning and Land Use workshop. Met with a representative of
Supervisor Michelle Steel's office regarding coyote incidents.
Council Member Morales:
Attended the Cypress Community Festival Recognition dinner. Attended the 211 OC
information meeting. Attended the Police Academy graduation. Attended the Planning,
Zoning and Land Use workshop. Participated in the Knights of Columbus blood drive.
Attended the Warland Investments Company Tenant Appreciation event.
Council Member Berry:
Met with the Director of Center for Demographic Research. Attended a Rotary Club of
Cypress meeting. Attended a Woman's Club of Cypress Board meeting. Attended the
Cypress Community Festival Recognition dinner. Attended the Third Annual Cypress
Women's Conference. Attended an O.C. Vector Control Board meeting. Attended the
Police Academy graduation. Attended the Cypress Art League Awards ceremony at the
Cypress Community Center. Attended the Planning, Zoning and Land Use workshop. Met
with SCAG representative Kevin Gilhooley. Attended a Soroptimist meeting. Attended an
OCCOG meeting. Attended a Santa Ana River Flood Protection Agency meeting.
Attended the Warland Investments Company Tenant Appreciation event. Attended the
Cypress Senior Citizens Center Hoe Down.
Mayor Johnson:
Attended the Cypress Community Festival Recognition dinner. Attended the Third Annual
Cypress Women's Conference. Attended the Police Academy graduation. Participated in
the California Coastal Cleanup. Attended an O.C. Fire Authority meeting. Attended the
Warland Investments Company Tenant Appreciation event. Attended the Cypress
Chamber of Commerce planning conference.
ITEMS FROM CITY MANAGER:
The City Manager thanked the Public Works staff for their efforts with the residential
sewage spill cleanup this over the weekend. Announced the Cypress Community Clean -up
Day to be held at the Cypress Civic Center on Saturday, October 10, 2015, 9:00 a.m. - 3:00
p.m. Announced the O.C. Fire Authority Open House to be held on Saturday, October 10,
2015, 9:00 a.m. — 2:00 p.m. Indicated that the first Farmer's Market would be held on
Sunday, October 18, 2015, at the Cypress Community Center.
ADJOURNMENT: Mayor Johnson adjourned the meeting at 8:19 p.m. to Monday, October
12, 2015, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
i
CITY CLERK OF THE CITY OF CYPRESS
8
MAYOR HE CITY OF CYPRESS