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2020-10-261 REGULAR MEETING CYPRESS CITY COUNCIL October 26, 2020 7:00 P.M. The Cypress City Council conducted this meeting via teleconference only 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 7:01 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 Mariellen Yarc Council Member Stacy Berry Council Member Paulo Morales Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton (via teleconference) Director of Community Development Doug Dancs Director of Recreation and Community Services Cameron Harding Planning Director Alicia Velasco Acting Chief of Police Chris Revere (via teleconference) City Clerk Alisha Farnell Police Captain Matt Timney (via teleconference) Assistant City Engineer Nick Mangkalakiri (via teleconference) PLEDGE OF ALLEGIANCE Council Member Berry led the Pledge of Allegiance. INVOCATION Pastor Trevor Cooper of First Baptist Church of Cypress provided the invocation. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Jimmy Fuller, Cypress, spoke regarding Agenda Item No. 16 and campaign activity. Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 14. Thomas Curtin, Cypress, spoke regarding proposed Amazon project. Carrie Hayashida, Cypress, spoke regarding development activity in Cypress, the COVID-19 pandemic and delaying projects until the next City Council is seated. Blaze Bhence, Cypress, spoke regarding Agenda Item No. 16, postponing decisions until new City Council members are elected, and the proposed Amazon project. Steve Mauss, Cypress, spoke regarding Agenda Items No. 5 and 14. Brooke Nafarrete, Cypress, spoke regarding Agenda Items No. 5 and 15. Rachel Strong, Cypress, spoke regarding community Halloween activities. David Gersten, Cypress, spoke regarding Agenda Items No. 14, 15 and 16. 2 Anne Hertz, Cypress, spoke regarding Agenda Item No. 15. Brittney Cook, Cypress, spoke regarding Agenda Items No. 14 and 16 and postponing decisions until new City Council members are elected. 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. Mayor Pro Tem Yarc stated that the record should reflect that when voting on the Consent Calendar, her vote for Agenda Item No. 9 is No. Council Member Berry stated that the record should reflect that when voting on the Consent Calendar, her vote for Agenda Item No. 5 is No. Council Member Morales stated that Agenda Item No. 12, the Warrant Register, includes electronic fund transfer no. 8372 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. 8372 for the reason disclosed. It was moved by Council Member Peat and seconded by Mayor Pro Tem Yarc, to approve Consent Calendar Items No. 1 through 12. 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 October 26, 2020 City Council Meeting 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 October 12, 2020 Recommendation: Approve as submitted. Item No. 4: Approve Amendment No. 3 to the Amended and Restated Contract Services Agreement for City Attorney Services Recommendation: Approve the attached Amendment No. 3 to the Amended and Restated Contract Services Agreement for City Attorney Services between the City of Cypress and Aleshire & Wynder, LLP. Item No. 5: Award Contracts for Cypress Sports Park, Project 225 Recommendation: 1. Adopt a Resolution regarding bid protests and award a contract to Horizons Construction Co., Orange, CA, for $9,809,661.24 and authorize a contingency of $1,472,000; and 2. Award a contract to Griffin Structures Inc. for Construction Management and Inspection Services for $636,820, and authorize a contingency of $127,400. 3 RESOLUTION NO. 6814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCURRING WITH AND RATIFYING THE CITY ENGINEER'S FINDINGS AND DETERMINATIONS REGARDING BIDS AND BID PROTESTS SUBMITTED IN RELATION TO THE PROJECT ENTITLED "CYPRESS SPORTS PARK PROJECT 225", WAIVER OF IRREGULARITIES IN CERTAIN BIDS SUBMITTED THEREOF; AND FINDING THAT HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. IS THE LOWEST RESPONSIBLE BIDDER AND AWARDING SUCH PROJECT TO HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. PURSUANT TO APPLICABLE LAW AND SUCH PROJECT'S BID DOCUMENTS Item No. 6: Award contract for Police Management Advisory Services Recommendation: 1. Award a contract to Mark S. Yokoyama Consulting for police management advisory services for an amount not to exceed $50,000; and 2. Approve a $50,000 appropriation transfer in the General Fund Police budget from personnel to contract services. Item No. 7: Award Contract for Sewer Relining, Project 265 Recommendation: 1. Approve Plans and Specifications for Sewer Relining, Project 265; and 2. Award a contract to Sancon Engineering, Inc., Huntington Beach, CA, for $117,815, and authorize a contingency of $17,600; and 3. Approve a Task Order for Construction Inspection Services to TRCNali Cooper and Associates, for $11,988, and authorize a contingency of $1,800. Item No. 8: Approve the May 2020 Revision to the Orange County Operational Area Agreement Recommendation: Approve the revised Orange County Operational Area Agreement as approved by the Orange County Board of Supervisors on May 19, 2020. Item No. 9: Approve a Task Order for Environmental Review of the Housing Element Update Recommendation: 1. Approve a task order for an Initial Study/Mitigated Negative Declaration (IS/MND) for the Housing Element update to LSA for $59,900 and authorize a $5,990 contingency; and 2. Appropriate $82,390 in the General Fund for the estimated costs of the environmental review, Traffic Engineer review, and public noticing for the Housing Element update. Item No. 10: Approve the Urban Area Security Initiative Sub -Recipient Agreement Recommendation: Approve the Fiscal Year 2019 Urban Area Security Initiative (UASI) Sub -Recipient Agreement. Item No. 11: Receive and File the attached Investment Report for the Month Ended September 30, 2020 4 Recommendation: Receive and file the attached investment reports. Item No. 12: Approve Register of Warrants, Transfers, and Wires Issued for the Period of September 26, 2020 through October 9, 2020. Recommendation: Approve the attached payment register summarized below for the period of September 26, 2020 through October 9 2020: • Electronic Funds Transfers 8356 through 8448 • Warrants 54976 through 55056 • Payroll Transfer W1429 NEW BUSINESS Item No. 13: 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 and Director of Recreation and Community Services provided a report on this item. No action was taken. Item No. 14: Select a Name for the Park at Lexington Drive and Cerritos Avenue The Director of Recreation and Community Services provided a report on this item. City Council discussion ensued. It was moved by Council Member Berry and seconded by Council Member Morales, to continue this item to the second meeting in June 2021. 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. 15: Receive and File Presentation on the Arnold Cypress Park Rehabilitation Community Outreach and Provide Direction on the Conceptual Design The Director of Recreation and Community Services provided a report on this item. City Council discussion ensued. It was moved by Council Member Morales and seconded by Council Member Berry, to receive and file the Arnold Cypress Park Rehabilitation Community Outreach report, conceptual plan and budget; and include the Arnold Cypress Park rehabilitation project, along with funding recommendations, in the FY 2021-22 Seven Year Capital Improvement Plan. 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 5 Item No. 16: Consider a Proposal from Valley Vista Services for an Extension of Solid Waste Franchise and Improvements to the Public Works Yard The Director of Public Works provided a report on this item. City Council discussion ensued. It was moved by Council Member Peat and seconded by Mayor Johnson, to approve the proposal in concept and establish an ad-hoc subcommittee, comprised of Council Members Peat and Morales, to negotiate a franchise extension agreement including facility improvements and bring it back to the City Council for consideration no later than December 7, 2020. A substitute motion was made by Council Member Morales and seconded by Mayor Pro Tem Yarc, to establish an ad-hoc subcommittee to analyze the proposal and report findings to the City Council by January 11, 2021. The substitute motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Morales and Yarc NOES: 3 COUNCIL MEMBERS: Berry, Peat and Johnson ABSENT: 0 COUNCIL MEMBERS: None The original motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Peat and Johnson NOES: 3 COUNCIL MEMBERS: Berry, Morales and Yarc ABSENT: 0 COUNCIL MEMBERS: None It was moved by Council Member Berry and seconded by Mayor Pro Tem Yarc, to continue this item for City Council consideration in January 2021. The motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Berry and Yarc NOES: 3 COUNCIL MEMBERS: Morales, Peat and Johnson ABSENT: 0 COUNCIL MEMBERS: None It was moved by Council Member Peat and seconded by Council Member Morales, to establish an ad-hoc subcommittee, comprised of Council Members Morales and Peat, to work with the City Manager and Valley Vista Services to analyze the proposal and report findings at the January 11, 2021 City Council meeting. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Morales, Peat, Yarc and Johnson NOES: 1 COUNCIL MEMBERS: Berry ABSENT: 0 COUNCIL MEMBERS: None ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Brooke Nafarrete, Cypress, spoke regarding Agenda Item No. 16, the proposed Amazon project, and City Council districting. David Gersten, Cypress, spoke regarding City Council discussion/deliberation during the meeting, Agenda Item No. 14, campaign signs, and postponing major decisions until after the election. Rachel Strong, Cypress, spoke regarding the fresh perspective the newly elected Council Members will bring to the City Council. 6 Brittney Cook, Cypress, spoke regarding Agenda Item No. 15. COUNCIL MEMBER REPORTS AND REMARKS Mayor Pro Tem Yarc: No report. Council Member Berry: No report. Council Member Morales: No report. Council Member Peat: Attended the Orange County Mosquito and Vector Control District Board of Directors meeting. Mayor Johnson: Participated in the virtual Mayor's Prayer Gathering and gave a presentation to an Oxford Academy business leadership organization. CITY MANAGER REMARKS The City Manager shared a brief update on the fires in Orange County provided by the Orange County Fire Authority. Reported that the City has been selected for a Turning Red Tape to Red Carpet Award from the Orange County Business Council for the small business relief grant program. Reported that Cypress, through its partnership with neighboring cities to address homelessness issues (North SPA), received a Golden Hubs of Innovation Award from the Association of California Cities Orange County. Reported that the City's website now features a dedicated page for information on notable development projects. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:58 p.m. to an adjourned Regular Meeting, to be held on Monday, November 9, 2020, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: lLik CIT LER OF T -JE CITY OF CYPRESS MAYOR OF E CITY OF CYPRESS