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2023-04-10 382 REGULAR MEETING CYPRESS CITY COUNCIL APRIL 10, 2023 4:00 P.M. A regular meeting of the Cypress City Council was called to order at 4:03 p.m. by Mayor Hertz-Mallari 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 Anne Hertz-Mallari Mayor Pro Tem Scott Minikus (via teleconference) Council Member David Burke Council Member Frances Marquez Council Member Bonnie Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton City Clerk Alisha Farnell Hunan Resources Manager Regina Nguyen ORAL COMMUNICATIONS ON CLOSED SESSION/WORKSHOP ITEMS None. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR b, Pursuant to Government Code Section 54957.6 Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Group: Cypress Police Management Association CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC Orange County Superior Court LIABILITY CLAIMS Pursuant to Section 54956.95 Claimant: Council Member Frances Marquez Agency claimed against: City of Cypress Mayor Hertz-Mallari recessed the meeting at 4:05 p.m. RECONVENE Mayor Hertz-Mallari reconvened the City Council meeting at 6:13 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 Anne Hertz-Mallari Mayor Pro Tem Scott Minikus— arrived at 6:16 p.m. (via teleconference): left at 9:08 p.m. Council Member David Burke Council Member Frances Marquez Council Member Bonnie Peat 383 STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton Director of Public Works Doug Dancs Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback Planning Director Alicia Velasco City Clerk Alisha Farnell City Engineer Nick Mangkalakiri Assistant City Engineer Daniel Co Associate Planner Kori Sanders Business Development Manager Robert Ramirez Senior Management Analyst Kirsten Graham INVOCATION Pastor Rob Ruark, SeaCoast Grace Church, led the Invocation. PLEDGE OF ALLEGIANCE Ginger Osman, Senior Citizens Commissioner, led the Pledge of Allegiance. REPORT OF WORKSHOP AGENDA/ CLOSED SESSION The City Attorney reported that the City Council met in Closed Session and held a discussion on each of the items listed on the Closed Session agenda. Regarding the first item listed on the agenda, namely Conference with Labor Negotiator concerning the employee group Cypress Police Management Association, he reported the City Council received a briefing and no further reportable action was taken. Regarding the second Closed Session item listed on the agenda, namely Conference with Legal Counsel — existing litigation, the matter of Southwest Voter Registration Education project v. City of Cypress. He reported that the City Council received a briefing from Attorney Stephen Churchwell and no further reportable action was taken. Regarding the third Closed Session item listed on the agenda, namely Liability Claims, Claimant: Council Member Frances Marquez, Agency claimed against: City of Cypress. The City Attorney stated Council Member Marquez did not participate in the discussion and was not present in the room while the balance of the City Council held a discussion and provided direction. The City Attorney further reported that Mayor Pro Tern Minikus participated in all three Closed Session items via teleconference. ORAL COMMUNICATIONS ON AGENDA ITEMS Marilyn Reames, Cypress, spoke regarding Agenda Item No. 17. Wanda Youngsma, Cypress, spoke regarding Agenda Item No. 17. Helen Le (via virtual participation), Cypress, spoke regarding Agenda Item No. 8 on the March 27, 2023 City Council meeting agenda. PUBLIC HEARINGS Item No. 1: Approve a Site Plan Review, Tentative Parcel Map, and Mitigated Negative Declaration for the Goodman Commerce Center at 5757 Plaza Drive Mayor Hertz-Mallari opened the public hearing. The Planning Director provided a report on this item. 384 Council Members asked questions of staff. Mayor Hertz-Mallari invited the applicant to come forward. The applicant agreed with the conditions of approval. City Council asked questions of the applicant. Mayor Hertz-Mallari asked Council Members to disclose any communications with anyone relevant to the item. Council Members Burke, Minikus, Marquez and Peat disclosed general communication with the applicant. Mayor Hertz-Mallari disclosed general communication with the applicant, City staff and former Mayor Jon Peat. Mayor Hertz-Mallari stated that the applicant has previously donated to her employer, the Boys and Girls Club of Great Anaheim-Cypress, however she further stated the amount of contributions made by the applicant does not warrant a conflict of interest. Mayor Hertz-Mallari invited members of the public to speak on this item. Mariellen Yarc, Cypress, spoke in support of this item on behalf of Cypress Chamber of Commerce. Bob Youngsma, Cypress, spoke regarding concerns. David Rose, Cypress, asked questions regarding this item. Stephany Barragan, Cypress, asked questions regarding this item. Edwin Kraemer(via virtual participation), Cypress, spoke in opposition to this item. Helen Le (via virtual participation), Cypress, spoke regarding traffic concerns. No further comments were made. The applicant provided closing comments. Mayor Hertz-Mallari closed the public hearing. City Council discussion ensued. A motion was made by Council Member Peat, and seconded by Council Member Burke, to adopt Resolutions approving a Site Plan Review and Tentative Parcel Map, and approve a Mitigated Negative Declaration for the Goodman Commerce Center at 5757 Plaza Drive. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Burke, Peat and Hertz-Mallari NOES: 2 COUNCIL MEMBERS: Marquez and Minikus ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING SITE PLAN REVIEW NO. 2022-05, FOR THE DEVELOPMENT OF TWO WAREHOUSE BUILDINGS AND ASSOCIATED PARKING AND LANDSCAPING ON AN 18.6-ACRE SITE LOCATED AT 5757 PLAZA DRIVE IN THE MCDONNELL CENTER SPECIFIC PLAN, IN THE CITY OF CYPRESS, CALIFORNIA 385 RESOLUTION NO. 6923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP NO. 2023-101, FOR THE DEVELOPMENT OF TWO WAREHOUSE BUILDINGS AND ASSOCIATED PARKING AND LANDSCAPING ON A 18.6-ACRE SITE LOCATED AT 5757 PLAZA DRIVE IN THE MCDONNELL CENTER SPECIFIC PLAN, IN THE CITY OF CYPRESS, CALIFORNIA PRESENTATIONS The City Council presented a proclamation to West Cities Police Communications staff proclaiming April 9-15, 2023 as National Public Safety Telecommunications Week. PUBLIC HEARINGS (continued) Item No. 2: Approve Conditional Use Permit No. 2023-02 for Eight Apartments at 8561 Belmont Street Mayor Hertz-Mallari asked Council Members to disclose any communications with anyone relevant to the item. No communications were disclosed. Mayor Hertz-Mallari opened the public hearing. The Associate Planner provided a report on this item. Council Members asked questions of staff. Council Member Hertz-Mallari invited the applicant to come forward. The applicant agreed with the conditions of approval. City Council asked questions of the applicant. Mayor Hertz-Mallari invited members of the public to speak on this item. Julie Steenhoven, Cypress, spoke in opposition to this item. Juan Ramirez, Cypress, spoke in opposition to this item. Edwin Kraemer(via virtual participation), Cypress, spoke regarding concerns. Helen Le (via virtual participation), Cypress, spoke regarding concerns. The applicant provided additional comments. City Council discussion ensued. Stephany Barragan, Cypress, spoke regarding concerns. No further comments were made. The applicant provided closing comments. A motion was made by Council Member Peat to continue this item to the next regular meeting to address any impact of the proposed building height on surrounding solar panels. Council Member Marquez requested to amend the motion to address neighborhood parking concerns. Council Member Peat declined the amendment. 386 Mayor Hertz-Mallari seconded the original motion. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSENT CALENDAR ran 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 Item No. 12. A motion was made by Council Member Peat, and seconded by Council Member Burke, to approve Consent Calendar items No. 3 through 11 and 13 through 14. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 3: Receive and File Public Comments Submitted for the April 10, 2023 City Council Meeting Recommendation: Receive and file submitted public comments. Item No. 4: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading �..� Item No. 5: Approve Minutes — Meeting of March 20, 2023 and March 27, 2023 Recommendation: Approve as submitted. Item No. 6: Accept the Arterial Rehabilitation, Project 316 Recommendation: 1. Accept the Arterial Rehabilitation, Project 316, in the amount of $1,738,259.02 and approve the final payment of$124,813.14 to Hardy and Harper, Inc.; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No 7: Adopt a Resolution approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds with CVS, Allergan, Teva, Walmart and Walgreens Recommendation: Adopt a Resolution approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds with Teva, Allergan, CVS, Walgreens, and Walmart. RESOLUTION NO. 6924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY OF CYPRESS TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH CVS, ALLERGAN, TEVA, WALMART, AND WALGREENS, AGREE TO THE TERMS OF THE RELATED STATE- SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE RELATED STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL 387 Item No. 8: Approve an Agreement for Property Management Services for 5121 Myra Avenue Recommendation: 1. Approve an agreement with PMI Patron Management for property management services at 5121 Myra Avenue for an amount not to exceed $25,000; and 2. Authorize the City Manager to finalize and execute the agreement. Item No. 9: Approve a Contract Amendment for Tree Maintenance Services Recommendation: Approve a $36,800 contract amendment to the agreement with Great Scott Tree Services, Inc. for on-call tree maintenance services. Item No. 10: Second Reading of an Ordinance Amending the Municipal Code to Incorporate City Council Approved Changes to Agenda Structure Recommendation: Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending Sections 2-1 and 2-2, and subsections thereunder, of the Municipal Code relating to the conduct of City Council meetings. ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA REPEALING AND REPLACING ORDINANCE NO. 1193 AND SECTIONS 2-1 AND 2-2 OF THE CYPRESS MUNICIPAL CODE RELATING TO THE CONDUCT OF CITY COUNCIL MEETINGS Item No. 11: Proclaim the Week of April 9-15, 2023 as National Public Safety Telecommunicators Week Recommendation: Proclaim the week of April 9-15, 2023 as National Public Safety Telecommunicators Week. Item No. 13: Receive and File the Single Audit Report for the Fiscal Year Ended June 30, 2022 Recommendation: Receive and File the Single Audit Report for the Fiscal Year Ended June 30, 2022 Item No. 14: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of March 11, 2023 through March 24, 2023 Recommendation: Receive and file the attached payment register summarized below for the period of March 11, 2023 through March 24, 2023: • Electronic Funds Transfers 12806 through 12890 • Warrants 61950 through 62069 • Payroll Transfers W1498 END OF CONSENT CALENDAR Regarding Item No. 12: Receive the Annual Solid Waste Franchise Consumer Price Index Rate Adjustment Council Member Marquez commented on this item. City Council discussion ensued. 388 A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Minikus, to receive the annual solid waste franchise Consumer Price Index rate adjustment. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None NEW BUSINESS Item No. 15: Approve Non-Profit Grant Awards for Fiscal Years 2023-24 and 2024-25 Mayor Hertz-Mallari recused herself from this item due to her employment with one of the non-profit organization applicants. The Director of Recreation and Community Services provided a report on this item. City Council discussion ensued. Council Members Peat and Burke disclosed their involvement with two of non-profit organization applicants and stated there is no conflict of interest. A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Burke, to approve $1,466,660 for the non-profit grant request program for fiscal years 2023-24 and 2024-25. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Burke, Peat and Minikus NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 1 COUNCIL MEMBERS: Hertz-Mallari Item No. 16: Approve Pandemic Recovery Plan Business Recovery and Support Programs The Planning Director provided a report on this item. Council Members discussion ensued. A motion was made by Mayor Hertz-Mallari, and seconded by Council Member Peat, to approve the first phase of the Pandemic Recovery Plan's Business Recovery and Support Programs; and appropriate $365,000 in the General Fund to fund the programs; and adopt a Resolution approving the donation of General Funds to eligible businesses; and authorize the City Manager to administer the programs, including entering into agreements, determining eligibility, approving applications, and dispersing funds. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Marquez, Peat and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Minikus RESOLUTION NO. 6925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT THE PUBLIC PURPOSE WOULD BE SERVED BY THE DONATION OF FUNDS TO ASSIST ELIGIBLE CITY OF CYPRESS BUSINESSES AND APPROVING THE DONATIONS THERETO 389 ITEMS FROM CITY COUNCIL MEMBERS Item No. 17: Discuss and Provide Direction Regarding City Council Consideration of Ordinance No. 1193 on April 24, 2023 City Manager provided a report on this item. City Council discussion ensued. A motion was made by Council Member Burke, and seconded by Council Member Peat, to " V confirm the portions of Ordinance No. 1193 that the City Council will discuss at its April 24, 2023 meeting and direct Council Members to provide all proposed changes to the portions of Ordinance No. 1193 to the City Manager no later than 9:00 AM on Monday, April 17, 2023. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Marquez, Peat and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Minikus ORAL COMMUNICATIONS ON ITEMS NOT ON THE AGENDA Wanda Youngsma, Cypress, spoke regarding conduct of Council Members. Bob Youngsma, Cypress, spoke regarding conduct of Council Members. Stephany Barragan, Cypress, spoke regarding grievance with Police department. Ed Kraemer (via virtual participation), Cypress, spoke regarding Agenda Item No. 12 and signage at Lexington Park. Katheryn Shapiro (via virtual participation), Cypress, spoke regarding Agenda Item No. 12, contracted services, and conduct of Council Members. Helen Le (via virtual participation), Cypress, spoke regarding organics recycling and solid waste franchise amendment. COUNCIL MEMBER REPORTS AND REMARKS Council Member Marquez: Attended the Strategic Planning Special Meeting. Attended the Commissioner Appreciation reception. Met with the City Attorney and Council Member Burke to discuss her claim filed against the City. Met with Commander Gibson from.American Legion Post 295. Attended a Habitat for Humanity event honoring Supervisor Katrina Foley. Attended a Metropolitan Water District of Orange County meeting. Spoke with students at Western High School participating in the Western Independence Learning Center. Attended the Spring Egg Hunt. Met with a Cypress resident to discuss bike lanes. Congratulated the Cypress High School Baseball team on their recent win. Requested to agendize a discussion regarding transcribing Special City Council meetings and Workshops. Requested a report of investigations against Valley Vista Services be provided to the public. Mayor Hertz-Mallari asked questions of Council Member Marquez regarding her visit to Western High School and state mandated anti-harassment training. City Council discussion ensued. Council Member Peat: Attended the Strategic Planning Special Meeting. Attended the Commissioner Appreciation reception. Attended a social media overview meeting. Attended State Senator Janet Nguyen's Meet and Greet event. Attended the Spring Egg Hunt. 390 Council Member Burke: Attended the Commissioner Appreciation reception. Received a tour of Fire Station 17. Attended the Spring Egg Hunt. Mayor Pro Tern Minikus: None. Mayor Hertz-Mallari Thanked Orange County Fire Authority for their work regarding an incident that occurred near the Senior Center. Thanked the Cypress Police Department for completing their investigation regarding the fatality accident that occurred on Walker Street and Orange Avenue. Attended the Spring Egg Hunt. CITY MANAGER REMARKS Stated an item will be added to the next meeting agenda regarding how to broadcast City Council meetings. Council Member Marquez requested an item be added to the agenda to provide a presentation regarding Valley Vista Services self-reported commingling of refuse and recycling from Ovation at Flora Park. City Council discussion ensued. Council Member Peat and Mayor Hertz-Mallari objected to Council Member Marquez's request. The City Attorney clarified that, per the City Council's policy for adding items to the agenda, a discussion item would appear on the next agenda for the City Council to discuss providing direction on Council Member Marquez's request for a presentation regarding Valley Vista Services self-reported commingling of refuse and recycling from Ovation at Flora Park. ADJOURNMENT— IN MEMORY OF CYPRESS RESIDENT ANDY LACHINA Mayor Hertz-Mallari adjourned the meeting at 10:11 p.m. to an adjourned Regular Meeting, to be held on Monday, April 24, 2023, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THITY OF CYPRESS ATTEST: CITY CL RK OF THE Y OF YPRESS