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2023-04-24 391 REGULAR MEETING CYPRESS CITY COUNCIL APRIL 24, 2023 4:30 P.M. A regular meeting of the Cypress City Council was called to order at 4:30 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 Tern Scott Minikus Council Member David Burke Council Member Frances Marquez Council Member Bonnie Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Public Works Director Doug Dancs City Clerk Alisha Farnell City Engineer Nick Mangkalakiri Senior Management Analyst Kirsten Graham ORAL COMMUNICATIONS ON CLOSED SESSION/ WORKSHOP ITEMS Tony Cardenas, Southern California Edison, introduced himself to the City Council. 1 WORKSHOP Southern California Edison LED Streetlight Conversion Project The City Engineer provided a report on this item. City Council discussion ensued. No action was taken. CLOSED SESSION 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: Count Member Frances Marquez Agency claimed against: City of Cypress Mayor Hertz-Mallari recessed the meeting at 4:45 p.m. RECONVENE Mayor Hertz-Mallari reconvened the City Council meeting at 6:10 p.m. ROLL CALL Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District 392 Mayor Anne Hertz-Mallari Mayor Pro Tern Scott Minikus 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 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 IT Manager Adrian Smith Senior Management Analyst Kirsten Graham PLEDGE OF ALLEGIANCE Agnes Lee, FOCCA Scholarship Award winner, led the Pledge of Allegiance. INVOCATION Deacon Gerald Pyne, St. Irenaeus, led the Invocation. REPORT OF WORKSHOP AGENDA / CLOSED SESSION The City Attorney reported that the City Council held a Workshop Session regarding Southern California Edison LED Streetlight Conversion project. He further stated the City Council met in Closed Session and held a discussion on the items listed on the Closed Session agenda. Regarding the first 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 second 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, provided direction and no further reportable action was taken. PRESENTATIONS Cypress Police Foundation provided a presentation regarding its Police badge donation. The City Council presented Business Environmental Awards to Jack-In-The-Box, Taco Bell, Paul's Place and Warland Investments. ORAL COMMUNICATIONS ON AGENDA ITEMS Bob Youngsma, Cypress, spoke regarding Agenda Item No. 17. Marilyn Reames, Cypress, spoke regarding Agenda Item No. 16. Stephanie Barragan, Cypress, spoke regarding Workshop item and two previous City Council meetings. Ed Kraemer, Cypress, spoke regarding Agenda Items Nos. 15 and 17. Helen Le (via teleconference), Cypress, spoke regarding Agenda Item No. 14. 393 Katheryn Shapiro (via teleconference), Cypress, spoke regarding Agenda Item No. 17. Rachel Strong, Cypress, spoke regarding Agenda Item No. 17. PUBLIC HEARINGS Item No. 1: Approve Conditional Use Permit No. 2023-02 for Eight Apartments at 8561 Belmont Street Mayor Hertz-Mallari asked Council Members to disclose any Communication with anyone relevant to the item. No communications were disclosed Mayor Hertz-Mallari opened the public hearing. The Planning Director provided a report on this item. Mayor Hertz-Mallari invited the applicant to come forward. City Council asked questions of the applicant. Mayor Hertz-Mallari invited members of the public to speak on this item. Jannie Esparza, Cypress, spoke in opposition. Juan Ramirez, Cypress, spoke in opposition. Julie Steenhoven, Cypress, spoke in opposition. Stephanie Barragan, Cypress, spoke in opposition. Helen Le (via teleconference), Cypress, spoke in opposition. No further comments were made. The applicant provided additional comments. Mayor Hertz-Mallari closed the public hearing. Council Member discussion ensued. A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to adopt a Resolution approving Conditional Use Permit No. 2023-03, subject to the attached conditions, and confirm the project is exempt from California Environmental Quality Act requirements. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minkus and Hertz-Mallari NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-03, FOR THE DEVELOPMENT OF AN EIGHT-UNIT APARTMENT BUILDING, INCLUDING TWO AFFORDABLE UNITS, RESTRICTED TO VERY LOW INCOME HOUSEHOLDS, ON A 10,000 SQUARE FOOT SITE LOCATED AT 8561 BELMONT STREET WITHIN THE RM-20 (RESIDENTIAL MULTIPLE FAMILY) ZONE AND FINDING THE PROJECT EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS 394 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 Minikus stated that Agenda Item No. 12, the Warrant Register, includes electronic fund transfer No. 12905 for $294.34 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. 12905 for the reason disclosed. A motion was made by Council Member Peat, and seconded by Council Member Burke, to approve Consent Calendar items No. 2 through 12. 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. 2: Receive and File Public Comments Submitted for the April 24, 2023 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 March 28, 2023 Recommendation: Approve as submitted. Item No. 5: Accept a Donation of Police Badges from Cypress Police Foundation Recommendation: Accept a donation of 121 Police badges valued at $10,748 from the Cypress Police Foundation. Item No 6:Accept the Shade Structure Replacement at Manzanita Park, Project 333 Recommendation: 1. Accept the Shae Structure Replacement at Manzanita Park, Project 333, in the amount of$59,940.61 and approve the final payment of$59,940.61 to R.E. Schultz Construction, Inc.; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 7: Approve Purchase of a Cloud-Based Phone System and Service Recommendation: 1. Approve the purchase of a cloud-based telephone system from Ring Central Inc., for $62,405.46; and 2. Award a five-year agreement for phone system service to Ring Central Inc., for annual telephone service, system hosting, maintenance, and support. Item No. 8: Approve Plans and Specifications and Award Contracts for Residential Street Resurfacing, Project 314 Recommendation: 1. Approve Plans and Specification for Residential Street Resurfacing, Project 314; and 395 2. Award a contract to American Asphalt South Inc., for $926,269.43, and authorize a contingency for $139,000; and 3. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for $131,300 and authorize a contingency of $13,000. Item No. 9: Award a Contract for a Right-of-Way Irrigation System Water Conservation Assessment, Project 340 Recommendation: Award a contract to David Evans and Associates for a Right-of-Way Irrigations Systems Water Conservation Assessment for $50,110, and authorize a contingency of $7,500. Item No. 10: Award a Contract for a Security System Evaluation for City Facilities, Project 343 Recommendation: Award a contract to Triad Consulting Group for a security system evaluation for City facilities, Project 343, for $125,000 and authorize a contingency of $12,500. Item No. 11: Receive and File the Investment Report for the Month Ended March 31, 2023 Recommendation: Receive and file the attached investment report. Item No. 12: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of March 25, 2023 through April 7, 2023 Recommendation: Receive and file the attached payment register summarized below for the period of March 25, 2023 through April 7, 2023: • Electronic Funds Transfers 12891 through 12929 • Warrants 62070 through 62156 • Payroll Transfers W1499 END OF CONSENT CALENDAR NEW BUSINESS Item No. 13: Adopt the Strategic Plan and Six Month Objectives The City Manager provided a report on this item. City Council discussion ensued. A motion was made by Mayor Pro Tem Minikus, and seconded by Council Member Peat, to adopt the Strategic Plan and six month objectives. The motion was 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 ITEMS FROM CITY COUNCIL MEMBERS Item No. 14: Discuss and Potentially Provide Direction Regarding Ordinance No. 1193 and Municipal Code Section 2-1 and 2-2 The City Manager provided a report on this item. 396 A motion was made by Council Member Marquez, and seconded by Council Member Burke, to continue the item to a future meeting. The motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Burke and Marquez NOES: 3 COUNCIL MEMBERS: Peat, Minikus and Hertz-Mallari ABSENT: 0 COUNCIL MEMBERS: None A motion was made by Council Member Burke, and seconded by Council Member Peat, to approve ordinance revisions as submitted by Council Members. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Marquez Item No. 15: Discuss and Potentially Provide Direction Regarding Cablecasting/Streaming and Recording City Council Meetings The City Manager provided a report on this item. Council Member Marquez commented on this item. City Council discussion ensued. No action was taken. Item No. 16: Discuss and Potentially Provide Direction to the City Manager to Provide the City Council a Presentation on Valley Vista Services' Self-Reported Commingling of Refuse and Recycling from Ovation at Flora Park Council Member Marquez provided a report on this item. A motion was made by Council Member Marquez to direct the City Manager to provide the City Council with a presentation of the investigations. The City Attorney requested clarification from Council Member Marquez. A motion as made by Council Member Burke, and seconded by Council Member Marquez, to post the letter sent to Valley Vista Services regarding the Ovation Commingling investigation on the City website. The motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Burke and Marquez NOES: 3 COUNCIL MEMBERS: Peat, Minikus and Hertz-Mallari ABSENT: 0 COUNCIL MEMBERS: None Item No. 17: Consider Revising the Process for Council Members to Add Items to the City Council Agenda Mayor Hertz-Mallari provided a report on this item. City Council discussion ensued. A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Marquez, to continue the item to the May 8 Council Meeting. The City Manager suggested appointing an ad hoc subcommittee to develop a policy proposal for City Council consideration. 397 A motion was made by Council Member Burke, and seconded by Mayor Pro Tem Minikus, to continue the item and create an ad hoc subcommittee with Council Member Burke and Mayor Hertz-Mallari. 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 ORAL COMMUNICATIONS ON ITEMS NOT ON THE AGENDA Steve Mauss, Cypress, spoke regarding Agenda Item No. 17, street condition on Cerritos between Bloomfield and Lexington Drive and Denni Street. Bob Youngsma, Cypress, spoke regarding transparency. Wanda Youngsma, Cypress, spoke regarding virtual oral communications process. Ed Kraemer, Cypress, spoke regarding Cypress Arnold Park, signage at Lexington Park and Solid waste franchise agreement. David Skorupinski, Cypress, spoke regarding comments made at the April 10 City Council meeting regarding Non-profit grant award items. Jon Peat, Cypress, spoke regarding comments made by a Council Member at the April 10 City Council meeting regarding Non-profit grant award item. Stephanie Barragan, Cypress, spoke regarding Agenda Item No. 17, Americans with Disabilities Act. Marilyn Reames, Cypress, spoke regarding Agenda Item No. 17. Glenn Button (via teleconference), Cypress, spoke regarding Council Members comments throughout the meeting. Helen Le (via teleconference), Cypress, spoke regarding Oral Communications practices and civility. COUNCIL MEMBER REPORTS AND REMARKS Council Member Peat: Participated in a Cypress High School Showcase Interview program. Attended the Every 15 Minutes program at Cypress High School. Attended the FOCCA scholarship reception. Attended the P.A.C.E program at Grace Christian School. Attended the Orange County Vector Control Board meeting. Attended the Senior Center volunteer recognition event. Attended the Cypress Art League award ceremony. Attended the annual Crime Victims' Rights ceremony hosted by District Attorney Todd Spitzer. Commented on Agenda Item No. 16. Council Member Marquez: Attended the Breakfast Club event hosted by Assemblywoman Sharon Quirk-Silva. Attended the Starbase program at Los Alamitos Joint Forces Training Base. Attended the FOCCA scholarship reception. Attended the Senior Center volunteer recognition. Attended the P.A.C.E program at Grace Christian School. Assisted a local veteran with housing. Council Member Burke: Attended the Every 15 Minutes program at Cypress High School. Attended the Orange County Library Advisory Board meeting. Attended the Senior Center volunteer recognition. Spoke regarding an Agenda Item at the April 10 City Council meeting. 398 Mayor Pro Tern Minikus: Attended the Every 15 Minutes program at Cypress High School. Attended the FOCCA scholarship reception. Attended the Senior Center volunteer recognition. Met with representatives from Runway Recovery and Tree House Recovery. Addressed public comments made at the April 10 City Council meeting. Mayor Hertz-Mallari Attended the P.A.C.E program at Grace Christian School. Spoke regarding Every 15 Minutes program and shared a letter written regarding the fatal accident that occurred on Walker St. and Orange Ave by the victim's mother/wife. CITY MANAGER REMARKS None. ADJOURNMENT Mayor Hertz-Mallari adjourned the meeting at 9:34 p.m. to an adjourned Regular Meeting, to be held on Monday, May 8, 2033, beginning at 5:30 p.m. in the Executive Board Room. CtIAIX1--) Mit COt MAYOR OF THE Y OF CYPRESS ATTEST: CIT L RK OF TH CITY OF CYPRESS • I I y I • .