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2023-05-08 399 REGULAR MEETING CYPRESS CITY COUNCIL MAY 8, 2023 4:00 P.M. A regular meeting of the Cypress City Council was called to order at 4:00 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 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 Assistant Director of Finance and Administrative Services Donna Mullally Human Resource Manager Regina Nguyen City Engineer Nick Mangkalakiri Senior Management Analyst Jason Machado Management Analyst Karla Gonzalez ORAL COMMUNICATIONS ON CLOSED SESSION/WORKSHOP ITEMS None. WORKSHOP Fiscal Year 2023-24 Proposed Budget and Capital Improvement Program A report was provided 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 400 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Fortis LLP v. Frances Marquez, City of Cypress Case No. 30-2022-01277792-CU-W M-CJC Orange County Superior Court Mayor Hertz-Mallari recessed the meeting at 5:38 p.m. RECONVENE Mayor Hertz-Mallari reconvened the City Council meeting at 6:09 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 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 INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation. PLEDGE OF ALLEGIANCE Mr. Lewis, Cypress High School, led the Pledge of Allegiance. REPORT OF WORKSHOP AGENDA / CLOSED SESSION The City Attorney stated the City Council met in Closed Session and began discussion regarding the three items listed on the Agenda. He stated the City Council will recess back into Closed Session following the open session to continue the discussion of Closed Session items. PRESENTATIONS Marie Marston, President of the Southern California American Public Works Association presented a plaque to the City. Chief of Police provided a presentation on the Every 15 Minutes program. The City Council presented a Proclamation to the Cypress Police Department proclaiming the week of May 14-20, 2023 as "National Police Week." ORAL COMMUNICATIONS ON AGENDA ITEMS Steve Mauss, Cypress, spoke regarding Agenda Item no. 17. Katie Shapiro (via virtual participation), Cypress, spoke regarding Every 15 Minutes presentation and Agenda Item no. 17. Bret Rodger, Cypress, spoke regarding Agenda Item no. 7. 401 Rees Price, Cypress, spoke regarding Agenda Item no. 7. 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 Hertz-Mallari requested to pull Agenda Item No. 7. A motion was made by Mayor Hertz-Mallari, and seconded by Council Member Peat, to approve Consent Calendar items No. 1 through 6 and 8 through 16. 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. 1: Receive and File Public Comments Submitted for the May 8, 2023 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 April 10, 2023 Recommendation: Approve as submitted. Item No. 4: Receive and File Fiscal Year 2023-24 Proposed Budget and Capital Improvement Program Recommendation: 1. Receive and file the FY 2023-24 Proposed Budget and Capital Improvement Program: 2. Schedule City Council consideration for adoption of the FY 2023-24 Budget on June 12, 2023; and 3. Publish a notice stating the public may comment on the Budget at the meeting of June 12, 2023. Item No 5: Approve the City Engineer's Report and Renew Cypress Corporate Center Landscape Maintenance District No. 1 (Stanton Channel Berm) Recommendation: 1. Approve the City Engineer's Report for the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2023-24; and 2. Adopt the attached Resolution declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for maintenance of the landscape and irrigation system located at the berm on the north side of the Stanton Channel and setting a public hearing for June 26, 2023. RESOLUTION NO. 6927 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023-24, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 402 Item No. 6: Approve Senate Bill 1 Road Maintenance and Rehabilitation Account Funding and Project List Recommendation: Adopt a Resolution approving the FY 2023-24 project list for Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funding. RESOLUTION NO. 6928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Item No. 8: Proclaim the Week of May 14-20, 2023 as National Police Week Recommendation: Proclaim the week of May 14-20, 2023 as National Police Week. Item No. 9: Approve Plans and Specifications and Award a Contract for Tree Planting, Project 345 Recommendation: 1. Approve plans and specifications for Tree Planting, Project 345; and 2. Award a contract to Master Landscape & Maintenance, Inc. for $64,492 and authorize a contingency of $6,000. Item No. 10: Approve an Affordable Housing Agreement and Approve a Task Order with RSG, Inc. for Buyer Verification Services for the Citrus Square Senior Community Recommendation: 1. Approve an Affordable Housing Agreement with CypressMoodyM 2022, LLC; and 2. Approve a task order with RSG, Inc. for buyer verification services for an amount not to exceed $74,400. Item No. 11: Award Contract for Citywide Traffic Signal Timing, Project 262 Recommendation: 1. Award a contract to Iteris, Inc., for $180,123 for Signal Timing Design Services, and authorize a contingency of $10,8000; and 2. Approve a Task Order for Signal Timing Implementation to Hartzog & Crabill, Inc., for $21,060, and authorize a contingency of $2,200. Item No. 12: Southern California Edison Light Emitting Diode (LED) Fixture Replacement Rate Agreement Recommendation: 1. Authorize the City Manager to execute the necessary application and agreement for conversation of Southern California Edison owned streetlights to Light Emitting Diode through the California Public Utilities Commission approved LS-1 Option E program; and 2. Establish color temperature specifications at 3000K for residential areas and 4000K for commercial and industrial areas. Item No. 13: Award a Contract for LED Street Sign Upgrades, Project 338 Recommendation: 1. Award a contract to Macadee Electrical Construction for $183,269, and authorize a contingency of $27,500; and 403 2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for $10,200, and authorize a contingency of $1,500. Item No. 14: Award a Contract for Parking Citation Processing Recommendation: Award a contract to Data Ticket, Inc. to provide parking citation processing. I "' Item No. 15: Approve a Prosecution Services Agreement with the County of Orange Recommendation: Approve a five-year agreement for prosecution services with the County of Orange Item No. 16: Reject All Bids for Senior Center Interior Improvements, Project 290 Recommendation: Reject all bids for Senior Center Interior Improvements, Project 290. END OF CONSENT CALENDAR Regarding Item No. 7: Approve the Conceptual Design for Cerritos Avenue Frontage Landscape Improvements, Project 320 The City Engineer provided a report on this item. Council discussion ensued. A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to approve conceptual design for Cerritos Avenue frontage landscape improvements. 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 NEW BUSINESS None. ITEMS FROM CITY COUNCIL MEMBERS Item No. 17: Consider Recommended Process for Council Members to Add Items to the City Council Agenda from Mayor Hertz-Mallari and Council Member Burke Mayor Hertz-Mallari and Council Member Burke provided a report on this item. City Council discussion ensued. A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Peat, to approve the recommended policy for Council Members to add items to the City Council agenda. The motion was carried by the following vote: AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None ORAL COMMUNICATIONS ON ITEMS NOT ON THE AGENDA Jon Peat, Cypress, spoke regarding campaign committee formed by Council Member Marquez for County Supervisor. 404 Wanda Youngsma, Cypress, spoke regarding a letter to the editor in Event News Enterprise. Bob Youngsma, Cypress, spoke regarding City Council comments at prior City Council meeting, City Attorney invoices, and virtual comment procedures. Edwin Kraemer (via virtual participation), Cypress, spoke regarding Council Member Marquez campaign for County Supervisor. Kathryn Shapiro (via virtual participation), Cypress, spoke regarding second oral communication procedures and City Council decorum. Malini Nagpal (via virtual participation), Cypress, spoke regarding Council Member Marquez campaign for County Supervisor, City Managers seat on the dais and City Council decorum. Glenn Button, Cypress, spoke regarding good governance, ability to access Council members and City staff. COUNCIL MEMBER REPORTS AND REMARKS Council Member Marquez: Attended P.A.C.E. graduation at Arnold Elementary School. Attended Cypress College's annual Yom HaShoah Holocaust remembrance ceremony. Attended a Cypress High School baseball game. Attended Cypress Woman's Club Tea event. Attended the Asian Pacific Islander National Heritage reception. Participated in National Prayer Day. Attended ribbon-cutting ceremony for Trader Joes. Attended a luncheon for retired State Representative Alan Lowenthal. Responded to comments made during Oral Communications regarding non-profit organizations. Council Member Peat: Attended P.A.C.E. graduations for Arnold, King, St. Irenaeus and Morris Elementary Schools. Attended Cypress Woman's Club Tea event. Attended the Asian Pacific Islander National Heritage reception. Participated in a Business Round Table discussion hosted by Congresswoman Michelle Steel. Attended Buena Park's State of the City. Attended the Orange County Sanitation board meeting. Participated in National Prayer Day. Attended ribbon-cutting ceremony for Trader Joes. Participated in a tour of the new Shea apartments. Responded to comments made during Oral Communications regarding the City Manager. Council Member Burke: Attended P.A.C.E. graduation at Arnold Elementary School. Attended Cypress Woman's Club Tea event. Attended Southern California Association of Governments conference. Spoke regarding Agenda Item No. 17. Mayor Pro Tern Minikus: Attended the Asian Pacific Islander National Heritage reception. Attended Southern California Association of Governments (SCAG) conference. Attended the Orange County Sanitation District board meeting. Attended the Cypress Woman's Club Tea event. Spoke regarding communication with Council Members via email. Spoke with Cypress High School Students regarding trash pollution in the City. Spoke about presentations at the SCAG conference. Mayor Hertz-Mallari Responded to comments made during Oral Communications regarding non-profit organizations and the Boys and Girls Club of Greater Anaheim-Cypress. Addressed comments regarding funding from Congressman Lowenthal for the Boys and Girls Club of Greater Anaheim-Cypress. CITY MANAGER REMARKS The City Manager announced dates for the upcoming Police Foundation Luncheon and Police Department Open House. Stated the City Council held a Workshop Session to discuss the Fiscal Year 2023-24 proposed Budget and Capital Improvement program. Provided an update on the Citizens Academy. 405 ADJOURNMENT Mayor Hertz-Mallari recessed the meeting into Closed Session at 8:12 p.m. to resume discussion of the Closed Session items as previously reported by the City Attorney. Mayor Hertz-Mallari reconvened the meeting at 9:45 p.m. No reportable action was taken in Closed Session. Mayor Hertz-Mallari adjourned the meeting at 9:46 p.m. to an adjourned Regular Meeting, to be held on Monday, May 22, 2033, beginning at 5:30 p.m. in the Executive Board Room. a/Vitt r iii MAYOR OF THE r'ITY OF CYPRESS ATTEST: CI CLERK OFT E CITY OF CYPRESS