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2022-05-23 261 REGULAR MEETING CYPRESS CITY COUNCIL MAY 23, 2022 5:45 P.M. A regular meeting of the Cypress City Council was called to order at 5:45 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California. ROLL CALL Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Paulo Morales Mayor Pro Tern Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton City Clerk Alisha Farnell ORAL COMMUNICATIONS None. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Group: Cypress Police Officers Association Mayor Morales recessed the meeting at 5:47 p.m. RECONVENE Mayor Morales 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 Paulo Morales Mayor Pro Tem Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Public Works Doug Dancs Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback City Clerk Alisha Farnell City Engineer Nick Mangkalakiri Management Analyst Kirsten Graham 262 PLEDGE OF ALLEGIANCE Council Member Scott Minikus led the Pledge of Allegiance. INVOCATION Father Binh Nguyen, St. lrenaeus Catholic Church, led the Invocation. REPORT OF WORKSHOP AGENDA/CLOSED SESSION The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiator concerning the employee group Cypress Police Officers Association, he reported the City Council received a briefing, provided direction, and no further reportable action was taken. PRESENTATION The City Council recognized "Every Student Succeeding" award recipients. The City Council presented a Proclamation to the Public Works Department in recognition of"National Public Works Week." The Chief of Police introduced Officer Gonzalez and Officer Castillo. Director of Recreation and Community Services provided a presentation on Pickleball Month. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Pat O'Toole, Cypress, spoke regarding the solid waste franchise agreement. Dennis Brandt, Cypress, spoke regarding incident in Barry Drive neighborhood. Beth Culver, Cypress, spoke regarding city services and accomplishments. Harumi Lucak, Cypress, thanked City Council for their leadership, city services, and for maintaining at-large elections. Michelle Eschardiues, Cypress, thanked City Council for city programs/services and expressed support for at-large elections. Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 9, in support of district elections, and in support of collaboration between the City and school districts. Helen Le, Cypress, spoke regarding Agenda Item No. 18 and solid waste bulky item pick- ups. Malini Nagpal, Cypress, spoke regarding Agenda Item No. 18 and contracts. PUBLIC HEARING Item No. 1: Introduce an Ordinance Amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Areas), Subsection 3.17.020 (B) (Accessory Structures Used For Living Purposes) Subsection 3.17.200 (Accessory Dwelling Units), Subsection 4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and Creating a New Subsection 4.19.200 (Reasonable Accommodation) of the Zoning Ordinance Mayor Morales stated the Planning Director was unable to participate in the meeting. Mayor Morales opened the public hearing to accept public testimony. Timothy Yerian, Cypress, spoke regarding accessory dwelling units. Edwin Kraemer, Cypress, spoke regarding accessory dwelling units. 263 Mayor Morales stated the public hearing will remain open. A motion was made by Council Member Minikus, and seconded by Council Member Peat, to continue this item to the June 13, 2022 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None The public hearing remained open. 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 Marquez requested to pull Agenda Items No. 9 and 14. Mayor Morales stated that Agenda Item No. 17, the Warrant Register, includes electronic fund transfer No. 11018 for $751.22 as reimbursement for medical coverage he is entitled to receive as a CaIPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 11018 for the reason disclosed. Council Member Minikus stated that Agenda Item No. 17, the Warrant Register, includes electronic fund transfer No. 11017 for $286.18 as reimbursement for medical coverage he is entitled to receive as a CaIPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 11017 for the reason disclosed. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to approve Consent Calendar items No. 2 through 8, 10 through 13, and 15 through 17. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: Receive and File Public Comments Submitted for the May 23, 2022 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 April 11, 2022 Recommendation: Approve as submitted. Item No. 5: Second Reading and Adoption of an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters Recommendation: Approve the second reading and adopt an Ordinance, by title only and waive further reading, establishing regulations prohibiting the unlawful possession of catalytic converters. 264 ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF CYPRESS, CALIFORNIA, ADDING SECTION 17-75 OF THE CYPRESS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY Item No 6: Appoint City Commissioners Recommendation: Appoint Commissioners to the Recreation and Community Services, Senior Citizens, and Traffic Commissions. Item No. 7: Approve Plans and Specifications and Award Contracts for Concrete Rehabilitation, Project 293 Recommendation: 1. Approve Plans and Specifications for Concrete Rehabilitation, Project 293; and 2. Award a contract to CJ Concrete Construction Inc., Santa Fe Springs, CA, for $286,080, and authorize a contingency of$40,000; and 3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for$26,168 and authorize a contingency of$4,000. Item No. 8: Approve Plans and Specifications and Award Contracts for the Street Rehabilitation, Project 313 Recommendation: 1. Approve Plans and Specifications for the Street Rehabilitation, Project 313; and 2. Award a contract to American Asphalt South Inc., Riverside, CA, for $337,925.45, and authorize a contingency of$51,000; and 3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for$39,637 and authorize a contingency of$6,000. Item No. 10: Award an On-Call Contract for Traffic Control Services Recommendation: Award a contract services agreement for on-call traffic control services to Southern California Barricades. Item No. 11: Award a Professional Services Contract for Arnold Cypress Park Rehabilitation, Project 308, Constructability Review Recommendation: Award a professional services contract to Griffin Structures for$86,065, and authorize a contingency of$8,600. Item No. 12: Approve the Purchase of One Replacement Police Vehicle Recommendation: 1. Authorize the purchase of one replacement police vehicle, including most upfitting, for $61,060 from Wondries Fleet Group via National Auto Fleet Group through the •.» Sourcewell cooperative purchasing program; and 2. Authorize an appropriation increase of $62,326 in the City's Capital Replacement Fund to purchase and fully upfit the replacement police vehicle; and 3. Authorize a transfer of $51,160 from the General Liability Fund to the City's Capital Replacement Fund for available insurance proceeds received. 265 Item No. 13: Approve a Task Order for the Senior Center Interior Improvements Design, Project 290 Recommendation: Approve a Task Order to BOA Architecture for $31,500 for architectural design services and authorize a contingency of$4,700. Item No. 15: Receive and File the Strategic Plan Six-Month Objectives Update Recommendation: Receive and file the strategic plan six-month objectives update. Item No. 16: Receive and File the Investment Report for the Month Ended April 30, 2022 Recommendation: Receive and file the attached investment report. Item No. 17: Approve Register of Warrants, Transfers, and Wires Issued for the Period of April 23, 2022 through May 6, 2022 Recommendation: Approve the attached payment register summarized below for the period of April 23, 2022 through May 6, 2022 • Electronic Funds Transfers 11001 through 11045 • Warrants 59344 through 59461 • Payroll Transfers W1474 END OF CONSENT CALENDAR Regarding Item No. 9: Award a Contract for Graffiti Removal Services Council Member Marquez commented on this item. A motion was made by Council Member Peat, and seconded by Councilmember Minikus, to award a two-year contract to Superior Property Services for Graffiti Removal Services for $225,000 with an option for up to three, one-year extensions. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None Regarding Item No. 14: Receive and File the Five-Year Technology Master Plan Council Member Marquez commented on this item. The City Attorney and City Manager provided information. A motion was made by Council Member Peat, and seconded by Council Member Minikus, to receive and file the Five-Year Technology Master Plan for FY 2022-23 through FY 2026- 27. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONTINUED ITEMS Item No. 18: Consider a Proclamation in Support of Diversity and Inclusion Council Member Minikus commented on this item. 266 Council Member Marquez commented on this item. A motion was made by Council Member Minikus, and seconded by Mayor Pro Tem Hertz- Mallari, to approve a Proclamation in support of diversity and inclusion. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Peat ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Carolyn Balagot, Cypress, spoke regarding Agenda Item No. 18. Glenn Button, Cypress, spoke regarding Agenda Item No. 18. Malini Nagpal, Cypress, spoke regarding Agenda Item No. 18. Marilyn Reams, Cypress, spoke regarding recent public comments and Agenda Items No. 14 and 18. Helen Le, Cypress, spoke regarding Agenda Item No. 18 and district elections. Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 14. Britney Cook, Cypress, spoke regarding Agenda Item No. 14. The City Manager responded to public comments. Timothy Yerian, Cypress, spoke regarding election format. COUNCIL MEMBER REPORTS AND REMARKS The Mayor asked the City Attorney to comment regarding allegations made by Council Member Marquez at the last City Council meeting. The City Attorney responded to an allegation of a potential Brown Act violation against Mayor Morales and stated he did not find any revelation of any Closed Session information. He further commented about a statement made that the Mayor was behind public comments regarding a Council Member's family member and reminded the City Council of the Civility, Conduct and Governance policy. Council Member Minikus: No Report. Council Member Peat: Responded to public comments regarding Agenda Item No. 9. Attended the Buena Park State of the City event. Attended the Cypress College Foundation scholarship awards ceremony. Attended the Police Department Open House. Presented an award to Council Member Minikus for coaching his first season of Cypress Champion Baseball. Responded :. to public comments regarding lack of support for the disabled community. Council Member Marquez: Attended the Police Department Open House. Attended the Cypress Police Foundation Luncheon. Attended the Los Alamitos Joint Forces Training Base energy resilience project groundbreaking event. Spoke regarding the City of La Palma's public hearing process regarding district elections. 267 Mayor Morales called for a point of order and informed Council Member Marquez that Council Member Reports and Remarks is to report matters related to the City of Cypress. Discussion ensued. The City Attorney recommended Council Member Marquez provide clarity regarding the connection of her comments about City of La Palma to the City of Cypress. Council Member Marquez continued her comments regarding the City of La Palma's district elections. Mayor Pro Tem Hertz-Mallari: Attended the Cypress Police Foundation luncheon. Attended the Police Department Open House. Attended the Cypress College Foundation scholarship award ceremony. Mayor Morales: Attended the Police Department Open House. Attended the Cypress Police Foundation luncheon. Commented on allegations made by Council Member Marquez at the last City Council meeting. CITY MANAGER REMARKS The City Attorney provided a report on two Supreme Court cases related to City policies. The City Manager announced City Hall will be closed in observance of Memorial Day and stated the annual Forest Lawn Memorial Day Ceremony will be held virtually on their Facebook page at 11 a.m. ADJOURNMENT By motion of Council Member Peat, and seconded by Council Member Minikus, and unanimously carried 5-0, to adjourn at 9:04 p.m. The next Regular Council Meeting will be held on Monday, June 13, 2022, beginning at 5:30 p.m. in the Executive Board Room. YOR OF THE CITY OF CYPRESS ATTEST: Stk CIT CLERK OF T E CITY OF CYPRESS