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2021-09-13 135 REGULAR MEETING CYPRESS CITY COUNCIL September 13, 2021 5:45 P.M. The Cypress City Council conducted this meeting via webinar/teleconference in accordance with California Governor Newsom's Executive Orders N-29-20 and COVID-19 pandemic protocols. Mayor Peat called the meeting to order at 5:48 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 Jon Peat Mayor Pro Tern Paulo Morales Council Member Anne Hertz— arrived at 5:49 p.m. Council Member Frances Marquez Council Member Scott Minikus STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton ORAL COMMUNICATIONS None. CLOSED SESSION The City Attorney reported that the City Council would meet in Closed Session as follows: CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Groups: • Cypress Employees' Association • Cypress Maintenance Employees' Association • Cypress Police Management Association • Cypress Police Officers' Association • Executive Management • Mid-Management • Confidential Mayor Peat recessed the meeting at 5:49 p.m. Mayor Peat reconvened the meeting at 6:01 p.m. WORKSHOP SESSION Overview of Draft Housing Element and Review of Project Schedule The Planning Director provided a report on this item. City Council discussion ensued. No action was taken. Mayor Peat recessed the meeting at 6:37 p.m. 136 RECONVENE Mayor Peat called to order the 7:00 p.m. session of the City Council meeting at 7:02 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 Jon Peat Mayor Pro Tern Paulo Morales Council Member Anne Hertz Council Member Frances Marquez Council Member Scott Minikus STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton Director of Community Development Doug Dancs Acting Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback Planning Director Alicia Velasco City Clerk Alisha Farnell PLEDGE OF ALLEGIANCE Council Member Minikus led the Pledge of Allegiance. INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation. SPECIAL ORDER OF BUSINESS The City Clerk administered the Oath of Office to Council Member Scott Minikus. REPORT OF WORKSHOP AGENDA/CLOSED SESSION The City Attorney reported that the City Council met in Closed Session concerning Conference with Labor Negotiator regarding the Cypress Employees' Association, Cypress Maintenance Employees' Association, Cypress Police Management Association, Cypress Police Officers' Association, Executive Management, Mid-Management and Confidential Employees. He stated that the City Council received an update on the status of those negotiations, provided direction and no further reportable action was taken. The City Attorney reported that the City Council held a public workshop to discuss the Overview of the Draft Housing Element and Review of Project Schedule. Wherein, the City Council discussed the Housing Element progress check, performed an overview of the draft Housing Element ahead of the October public hearing on the proposed Housing Element, reviewed the draft housing element policies, and provided an opportunity for City Council and community input. PRESENTATIONS Mayor Peat recognized the Los Alamitos Race Course, Jack in the Box, Paul's Place, 99 Cents Only store, and Green Auto Spa local for their Local Business Recycling and Organics Programs. Ken Vecchiarelli, Golden State Water, and the Public Works Director provided a Water Conservation and Drought update. The Chief of Police introduced Office Youngjun Son and Officer Cole Swain. Mayor Peat stated that the Presentation of Arts-Related Small Business and Nonprofit Grant from the County of Orange has been postponed at the County's request. 137 ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Bob Youngsma, Cypress, spoke regarding mistakes made in Cypress during the past 40 years. Bonnie Nahmis, spoke regarding Orange County Animal Care. Steven Rodermund, Cypress, spoke regarding oversized vehicle parking. PUBLIC HEARINGS Item No. 1: Approve Conditional Use Permit No. 2021-01 for a Gas Station with Outdoor Retail Sales at 4001 Ball Road Mayor Peat asked Council Members to disclose any communications with anyone relevant to the item. There were no disclosed communications. Mayor Peat opened the public hearing. The Planning Director provided a report on this item. City Council discussion ensued. Mayor Peat invited the applicant to come forward and make a presentation. The applicant stated they reviewed the proposed conditions and are in agreement. City Council asked questions of the applicant. Mayor Peat invited the public to provide comments on this item. John Riley, Los Alamitos, expressed concerns regarding the Conditional Use Permit. Blaze Bhence, Cypress, spoke in opposition of this item. Lisa Del Sesto, Cypress, spoke in opposition of this item. The applicant provided final comments. Mayor Peat closed the public hearing. Mayor Peat reopened the public hearing. Council Member Hertz asked an additional question of the applicant. Mayor Peat closed the public hearing. City Council discussion ensued. It was moved by Mayor Pro Tern Morales, and seconded by Council Member Hertz, to approve Conditional Use Permit No. 2021-01, subject to conditions, and confirm the project is exempt from California Environmental Quality Act. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 138 RESOLUTION NO. 6855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2021-01, A REQUEST TO CONSTRUCT A GAS STATION WITH OUTDOOR RETAIL SALES LOCATED AT 4001 BALL ROAD WITHIN THE CG COMMERCIAL GENERAL ZONE 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 Hertz requested that Agenda Item No. 11 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Morales, and seconded by Council Member Hertz, to approve Consent Calendar Items No. 1 throughl0 and 12 through 18. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Hertz, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Marquez Item No. 2: Receive and File Public Comments Submitted for the September 13, 2021 City Council Meeting Recommendation: Receive and file submitted public comments. Item No. 3: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 4: Approve Minutes — Meeting of August 9, 2021, August 11, 2021, August 17, 2021 and August 23, 2021 Recommendation: Approve as submitted. Item No. 5: Accept an Arts Related Small Business and Non-Profit Relief Program Grant from the County of Orange Second Supervisorial District Recommendation: Accept the Arts Related Small Business and Non-Profit Relief Program Grant in the amount of$10,000 from the County of Orange Second Supervisorial District. Item No. 6: Accept Office of Traffic Safety DUI / Traffic Enforcement Grant Recommendation: 1. Accept the Officer of Traffic Safety DUI /Traffic Enforcement grant; and 2. Appropriates $78,000 in General Fund Grants Fund; and 3. Increase estimated revenues in the General Fund Grants Fund by $78,000; and 4. Authorize the City Manager to sign all documents related to the grant. Item No. 7: Accept the Concrete Rehabilitation, Project 266 Recommendation: 1. Accept the Concrete Rehabilitation, Project 266, in the amount of $157,502.60 and approve the final payment of$7,875.13 to CJ Concrete Construction, Inc.; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. 139 Item No. 8: Adopt Resolutions Authorizing a Grant Application for the Prop 68 Parks Grant Per Capita Program and Passing the City's Prop 68 Funds Through to the Cypress Recreation and Park District Recommendation: 1. Adopt a Resolution authorizing the application for the Prop 68 Parks Grant Per Capita Program; and 2. Adopt a Resolution authorizing the State of California to decrease the City of Cypress' Capita Grant Fund allocation from $207,939 to $0 to reflect the pass through of$207,939 to the Cypress Recreation and Park District; and 3. Adopt a Resolution authorizing the State of California to increase the Cypress Recreation and Park District Per Capita Grant Fund allocation from $207,939 to $415,878 to reflect the pass through of$207,939 from the City of Cypress; and 4. Authorize the City Manager to execute and make adjustments to any agreements necessary for the use of the funds. RESOLUTION NO. 6856 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, APPROVING AN APPLICATION FOR PROP 68 PER CAPITA GRANT FUNDS RESOLUTION NO. 6857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE CITY OF CYPRESS TO ENTER INTO AN AMENDMENT FOR CONTRACTS C9801436 AND C9802165 WITH THE STATE OF CALIFORNIA FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACT OF 2018 RESOLUTION NO. 6858 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT AUTHORIZING THE CYPRESS RECREATION AND PARK DISTRICT TO ENTER INTO AN AMENDMENT FOR CONTRACTS C9801465 AND C9802191 WITH THE STATE OF CALIFORNIA FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACT OF 2018 Item No. 9: Adopt Resolution Establishing Benefits for Management Employees and Salary Ranges for Mid-Management Employees Recommendation: 1. Adopt a Resolution establishing the Schedule of Benefits for Management employees; and 2. Adopt a Resolution amending Resolution 6853 to establish salary ranges for Mid- Management employees. RESOLUTION NO. 6859 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, AMENDING RESOLUTION NO. 6819 ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES 140 RESOLUTION NO. 6860 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, AMENDING RESOLUTION NO. 6852 ESTABLISHING SALARY RANGES FOR MID-MANAGEMENT POSITIONS Item No. 10: Establish Medical Insurance Benefits for City Council Members Recommendation: Adopt a Resolution establishing medical insurance benefits for City Council Members. RESOLUTION NO. 6860 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, ESTABLISING MEDICAL INSURANCE BENEFITS PROVIDED TO MEMBERS OF CITY COUNCIL Item No. 12: Approve Additional Grant Support to the Cypress Community Festival Association Recommendation: 1. Approve $15,857 of in-direct grant funding to the Cypress Community Festival Association for Fiscal Year 2021-2022; and 2. Appropriate $12,200 in the City General Fund for Police and Public Works Staff Support; and 3. Appropriate $3,183 in the Recreation and Park District General Fund for Recreation Staff Support. Item No. 13: Approve the Dedication Plaque for Lexington Park Recommendation: Approve the dedication plaque for Lexington Park. Item No. 14: Approve the Re-dedication Plaque for the Cypress Police Department Recommendation: Approve the contents and location of the re-dedication plaque for the Cypress Police Department. Item No. 15: Award Contracts for the Purchase of Furniture and Fixtures for the Police Department Remodel Project Recommendation: 1. Award a contract to Tangram, Inc. (Distributor for Steelcase, Inc.) for $433,294.44,pursuant to the Sourcewell Cooperative Agreement, for the design, purchase and installation of office furniture and furnishings; and 2. Award a contract to Tangram, Inc. for$136,805.25, for the purchase and installation of wardrobe lockers; and 3. Award a contract to AADS Office Solutions for $31,107.50, for the purchase and installation of high-density mobile shelving; and 4. Reject all bids for the purchase of audio-visual equipment and authorize the City Manager to solicit informal bids and approve the purchase per Cypress Municipal Code Section 21A-10(f); and 5. Authorize the City Manager to finalize the agreement with Tangram, Inc. and AADS Office Solutions for furniture, Furnishings and installations as may be needed to expedite the purchases. 141 Item No. 16: Award Contract for Maintenance Yard Restroom and Locker Room Rehabilitation, Project 273 Recommendation: Award a contract to MEP Construction Services, Riverside, CA, for $68,500, and authorize a contingency of$14,000 Item No. 17: Amend the Seven-Year Capital Improvement Program to include a Traffic Signal at Enterprise Drive and Katella Avenue as a Future Unfunded Project Recommendation: Amend the Seven-Year Capital Improvement Program for FY 2021-22 to FY 2027-28 to include a traffic signal at Enterprise Drive and Katella Avenue as a future unfunded project. Item No. 18: Approve Register of Warrants, Transfers, and Wires Issued for the Period of August 7, 2021 through August 27, 2021: Recommendation: Approve the attached payment register summarized below for the period of August 7, 2021 through August 27, 2021: • Electronic Funds Transfers 9701 through 9823 • Warrants 57481 through 57617 • Payroll Transfers W1454 through W1455 END OF CONSENT CALENDAR Regarding Item No. 11: Approve First Reading of an Ordinance Amending the City's Solid Waste Management Ordinance and Purchasing Ordinance The City Attorney provided a report on this item. City Council discussion ensued. The City Clerk read the Ordinance title. It was moved by Council Member Marquez, and seconded by Council Member Hertz, to approve the first reading by title only with further reading waived, of an Ordinance amending the City's Solid Waste Management Ordinance and Purchasing Ordinance to comply with and implement new State laws regarding food recovery and organic waste recycling. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None NEW BUSINESS Item No. 19: Appoint Council Members to Fill Organization and Committee Vacancies Mayor Peat made the following appointments: NON-COMPENSATED: Santa Ana River Flood Protection Jon Peat— Representative Agency Scott Minikus —Alternate City/Anaheim Union High School Anne Hertz District Ad Hoc Subcommittee Scott Minikus City/Cypress School District Ad Hoc Anne Hertz Subcommittee Scott Minikus Veterans Recognition Ad Hoc Subcommittee Frances Marquez Scott Minikus 142 It was moved by Mayor Pro Tern Morales, and seconded by Council Member Marquez, to confirm the Mayor's appointments to the vacant organization and committee seats. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 20: Receive an Update on California Senate Bill 9 The Planning Director provided an update on California Senate Bill 9 related to housing development approvals. No action was taken. ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) None. COUNCIL MEMBER REPORTS AND REMARKS Mayor Pro Tern Morales: Encouraged Cypress residents to vote on September 14 either by visiting the Vote Center at the Community Center or submit your ballot at a drop box. Council Member Hertz: None. Council Member Marquez: Addressed public comment regarding OC Animal Care, thanked Supervisor Foley for the Arts- Related Small Business Nonprofit Relief Grant, and spoke regarding the Office of Traffic Safety DUI/Traffic Enforcement Grant. Council Member Minikus: None. Mayor Peat: Thanked the Director of Public Works for the rapid response to repairs needed on Lime Avenue and Walker Street. Encouraged residents to download the Cypress Central App. Requested a future agenda item regarding a Resolution of support for an Orange County Veterans Cemetery to be located in the City of Anaheim. CITY MANAGER REMARKS The City Manager provided an update on upcoming events for the month of September and October. ADJOURNMENT Mayor Peat adjourned the meeting at 9:04 p.m. to an adjourned Special Meeting, to be held on Tuesday, September 14, 2021, beginning at 8:30 a.m. via webinar/teleconference. I r// M • - OF CITY OF CYPRESS ATTEST: n n JCJ� CITY ERK OF TH CITY OF CYPRESS