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2024-06-2492 REGULAR MEETING CYPRESS CITY COUNCIL JUNE 24, 2024 5:30 P.M. — Closed Session/Workshop 6:00 P.M. — General Session A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Minikus in the Executive Board Room, 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 Scott Minikus Mayor Pro Tem Bonnie Peat Council Member David Burke Council Member Anne Mallari Council Member Frances Marquez STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton City Clerk Alisha Farnell Human Resources Manager Regina Nguyen ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS 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 Groups: Cypress Employees' Association 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-WM-CJC Orange County Superior Court Mayor Minikus recessed the meeting at 5:31 p.m. RECONVENE Mayor Minikus reconvened the meeting at 6:20 p.m. ROLL CALL Mayor Scott Minikus Mayor Pro Tem Bonnie Peat Council Member David Burke Council Member Anne Mallari Council Member Frances Marquez 93 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 Planning Director Alicia Velasco Chief of Police Mark Lauderback City Clerk Alisha Farnell City Engineer Nick Mangkalakiri Lieutenant Scott Ausmus Human Resources Manager Regina Nguyen Accountant Sheila Tran Payroll Coordinator Johanna Reyes-Pavon Office Assistant II Christina Dizol Office Assistant II Anita Sallas INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation. PLEDGE OF ALLEGIANCE Council Member Burke led the Pledge of Allegiance. REPORT OF CLOSED SESSION / WORKSHOP The City Attorney reported that the City Council met in Closed Session regarding the first item listed on the Closed Session agenda, namely Conference with Labor Negotiator concerning the employee group Cypress Employees' Association. He stated the City Council received an update 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 Fortis LLP v. Frances Marquez, City of Cypress. The City Attorney stated Council Member Marquez recused herself from the item and exited the room. The remaining City Council received an update, provided direction and no further reportable action was taken. PRESENTATIONS The City Council presented Certificates of Appreciation to the outgoing Commissioners and the City Clerk administered the Loyalty Oath and presented Certificates of Appointment to newly appointed Commissioners. The City Council recognized Cypress resident and U.S Navy Veteran Paul Dunard. The Director of Finance and Administrative Services introduced Accountant Shiela Tran, and Office Assistant 11 Anita Sallas. The Planning Director provided a presentation regarding the Housing Element Implementation Ballot Measure Education, Outreach and Communication efforts. ORAL COMMUNICATIONS ON AGENDA ITEMS Brian Rutt, Cypress, spoke regarding Housing Element Implementation Ballot Measure Presentation Item. Marilyn Reames, Cypress, spoke regarding Housing Element Implementation Ballot Measure Presentation Item. Diane Ortega, Cypress, spoke regarding Housing Element Implementation Ballot Measure Presentation Item. Glenn Button, Cypress, spoke regarding Agenda Item No. 3. 94 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 Minikus stated that Agenda Item No. 17, the Warrant Register, includes electronic fund transfer No. 15144 for $308.53 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 Warrants Register, he would not be voting on electronic fund transfers No. 15144 for the reason disclosed. A motion was made by Council Member Mallari, and seconded by Council Member Burke, to approve consent calendar items No. 1 through 17. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 1: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 2: Receive an Update on the Strategic Plan Six -Month Objectives Recommendation: Receive an update on the Strategic Plan six-month objectives. Item No. 3: Appoint a Commissioner to Fill an Unscheduled Vacancy on the Senior Citizens Commission Recommendation: Appoint Claudia Nessary to the Senior Citizens Commission to fill an unscheduled vacancy with a partial -term ending June 30, 2026. Item No. 4: Adopt Resolutions to Hold a General Municipal Election on November 5, 2024 Recommendation: 1. Adopt a Resolution calling a General Municipal Election on Tuesday, November 5, 2024, for the election of certain officers as required by the City Charter; and 2. Adopt a Resolution requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Elections Code §10403; and 3. Adopt a Resolution adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024. RESOLUTION NO. 6974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER RESOLUTION NO. 6975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE 95 RESOLUTION NO. 6976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON NOVEMBER 5, 2024 Item No. 5: Approve the First Reading of an Ordinance Approving Electronic and Paper Methods of Filing Campaign Finance Disclosure Statements Recommendation: Approve the first reading of an Ordinance relating to campaign finance reporting and approving electronic and paper methods of filing campaign finance disclosure statements. Item No. 6: Accept Organic Recycling Local Assistance Grant Recommendation: 1. Accept a CalRecycle Organic Recycling Local Assistance Grant; and 2. Increase FY 2023-24 estimated revenues by $137,092 in the General Fund. Item No. 7: 364 Accept the Shade Structure Replacement at Eucalyptus Park, Project Recommendation: 1. Accept the Shade Structure Replacement at Eucalyptus Park, Project 364, in the amount of $79,279 and approve the final payment of $3,963.95 to R.E. Schultz Construction, Inc., and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 8: Approve the Measure M2 Program Eligibility Submittal Package for Fiscal Year 2024-25 Recommendation: Approve the Measure M2 program eligibility submittal package for Fiscal Year 2024-25. Item No. 9: Approve Contract Services Agreement and Task Order for On -Call Construction Management and Inspection Services Recommendation: 1. Approve contract services agreement for on-call construction management and inspection services with FCG Consultants, Inc., and 2. Approve a Task Order to FCG Consultants, Inc. for an amount not to exceed $100,000 to perform public works construction management and inspection services for the period of July 1, 2024 through June 30, 2025. Item No. 10: Approve Task Order for Sewer System Management Plan Update and Audit Recommendation: Approve a Task Order for the preparation of the Sewer System Management Plan update and audit to AKM Consulting Engineers for $119,184. Item No. 11: Approve Task Order for City Traffic Engineer Services Recommendation: Approve a Task Order for an amount not to exceed $163,000 to Linscott, Law & Greenspan Engineers (LLG) to provide FY 2024-25 City Traffic Engineer Services. 96 Item No. 12: Approve Plans and Specifications and Award Contract for Tree Planting, Project 358 Recommendation: 1. Approve plans and specifications for the FY 2023-24 Tree Planting., Project 358; and 2. Award a contract to Master Landscape & Maintenance, Inc. for $61,309 and authorize a contingency of $9,200. Item No. 13: Approve Contract Services Agreement for HVAC Maintenance and Repair Services Recommendation: Approve a two-year contract to Control Air Enterprises, LLC for Heating, Ventilation, and Air Conditioning (HVAC) maintenance and repair services for $41,951 annually. Item No. 14: Approve Contract Services Agreements for Custodial Services Recommendation: 1. Approve a two-year contract for custodial services at City facilities to United Maintenance Systems for an annual amount of $103,380; and 2. Approve a two-year contract for custodial services at Recreation and Park facilities to United Maintenance Systems for an annual amount of $103,800; and 3. Approve a two-year contract for custodial services for Recreation and Park restrooms to United Maintenance Systems for an annual amount of $89,040. Item No. 15: Approve the Purchase of Youth Sports Uniforms Recommendation: Approve a one-year agreement for the purchase of youth sports uniforms with Manhattan Stitching Company for an amount not to exceed $10,291. Item No. 16: Receive and File the Investment Report for the Month Ended May 31, 2024 Recommendation: Receive and file the attached investment report. Item No. 17: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of May 11, 2024 through June 7, 2024 Recommendation: Receive and file the attached payment register summarized below for the period of May 11, 2024 through June 7, 2024: • Electronic Funds Transfers 15120 through 15299 • Warrants 65248 through 65424 • Payroll Transfers W1529 through W1530 PUBLIC HEARING Item No. 18: Renew the Cypress Corporate Center Landscape Maintenance District No. 1 for FY 2024-25 Mayor Minikus asked Council Members to disclose any Communication with anyone relevant to the item. No Communications were disclosed. Mayor Minikus opened the Public Hearing. 97 The City Engineer provided a report on this item. Mayor Minikus invited members of the public to speak on this item. No public comments were made. Mayor Minikus closed the Public Hearing. A motion was made by Council Member Marquez, and seconded by Council Member Mallari, to adopt a Resolution renewing Cypress Corporate Center Landscape Maintenance District No. 1 for FY 2024-25, pursuant to the Landscaping and Lighting Act of 1972. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF Item No. 19: Approve a Conditional Use Permit, a Conditional Use Permit Amendment, and Tentative Parcel Map for a Charter School at 4321 Cerritos Avenue Mayor Minikus asked Council Members to disclose any communication with anyone relevant to the item. Council Members Mallari, Peat, Burke and Mayor Minikus disclosed general communications with the applicant. Mayor Minikus opened the Public Hearing. The Planning Director provided a report on this item. Mayor Minikus invited the applicants to come forward. The City Council asked questions of the applicants. Mayor Minikus invited members of the public to speak on this item. Glenn Button, Cypress, asked questions and spoke in support of item No. 19. Mari Barke, Los Alamitos, spoke in support of item No. 19. Harumi Lucak, Cypress, spoke in support of item No. 19. George Pardon, Cypress, spoke in support of item No. 19. Daniel Velasco, Cypress, spoke in support of item No. 19. Beth Culver, Cypress, spoke in support of item No. 19. Sheri Barcroft, Orange, spoke in support of item No. 19. 98 Asia, Student, spoke in support of item No. 19. Izod, Student, spoke in support of item No. 19. Body, Student, spoke in support of item No. 19. No further public comments were made. Mayor Minikus closed the Public Hearing. City Council discussion ensued. A motion was made by Council Member Mallari, and seconded by Mayor Pro Tem Peat, to adopt a Resolution amending Conditional Use Permit No. 86-11; and adopt a Resolution approving Conditional Use Permit No. 2024-01; and adopt a Resolution approving Tentative Parcel Map No. 2023-134; and confirm actions are exempt from California Environmental Equality Requirements. 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 RESOLUTION NO. 6978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING AN AMEMDMENT TO CONDITIONAL USE PERMIT NO. 86-11, TO ELIMINATE THE SCHOOL USE FROM THE PREVIOUS APPROVAL, ON A SITE LOCATED AT 4321 CERRITOS AVENUE WITHIN RS - 6000 RESIDENTIAL SINGLE-FAMILY ZONE IN THE CITY OF CYPRESS, CALIFORNIA AND FINDING THE PROJECT EXEMPT FROM CEQA RESOLUTION NO. 6979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2024-01, TO OPERATE A TK -12 PUBLIC CHARTER SCHOOL, ON A SITE LOCATED AT 4321 CERRITOS AVENUE WITHIN RS -6000 RESIDENTIAL SINGLE-FAMILY ZONE IN THE CITY OF CYPRESS, CALIFORNIA AND FINDING THE REQUEST EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS RESOLUTION NO. 6980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP NO. 2023- 134, TO RECONFIGURE TWO PARCELS FOR THE OPERATION OF A NEW CHARTER SCHOOL AND AN EXISTING RELIGIOUS FACILITY LOCATED AT 4321 CERRITOS AVENUE IN THE RS -6000 RESIDENTIAL SINGLE-FAMILY ZONE, IN THE CITY OF CYPRESS, CALIFORNIA AND FINDING THE PROJECT EXEMPT FROM CEQA NEW BUSINESS None. ITEMS REMOVED FROM CONSENT CALENDAR None. 99 ORAL COMMUNICATIONS: Marilyn Reames, Cypress, spoke regarding public comments made at the June 10 City Council meeting. Wanda Youngsma, Cypress, spoke regarding virtual comments during the second period of Oral Communications. Harumi Lucak, Cypress, spoke regarding Voice of OC Article. Aimee, Cypress, spoke regarding Voice of OC Article. Leo Medrano, Cypress, spoke regarding City financials and approval of conditional use permit. Beth Culver, Cypress, spoke regarding Voice of OC COUNCIL MEMBER REPORTS FROM CITY -AFFILIATED BOARDS AND COMMITTEES AND REMARKS Council Member Burke Attended League of California Cities Environmental Quality policy committee meeting and provided information regarding the Climate Core Fellowship. Council Member Marquez: Attended Flag Day Ceremony at the American Legion and recognized their new Commander. Attended National Association of Latino Elected Officials Conference. Attended Concerts on the Green. Council Member Mallari: Provided an update on two Black Hawk Helicopters purchased by OCFA. Participated in a roundtable discussion regarding Status of Women and Girls in Orange County. Mayor Pro Tem Peat: Participated in Eagle Scout interviews. Met with a representative from Goodman and received a tour of the new development off Plaza Drive. Met with Mom's for America regarding access to books within the public library. Attended OC Vector Control District Board meeting and spoke regarding National Mosquito Week. Mayor Minikus: Attended Concerts on the Green. Reminded everyone of Salute to America on Friday, June 28 at 6:00 p.m. COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION Council Member Marquez requested to agendize an item to consider sanctions of Council Member Mallari for disclosing confidential information at the June 10 Council meeting that was discussed during Closed Session on May 13, 2024. City Attorney stated he did not hear any disclosure of confidential information by Council Member Mallari. City Council discussion ensued. The item failed to move forward due to lack of support. 100 Mayor Pro Tem Peat proposed a Strategic Planning item for discussion regarding church zoning regulations in Cypress. Mayor Minikus stated his request for Council Members to provide a mid -year report on City Affiliated Boards and Committees at the July 8 City Council meeting. CITY MANAGER REMARKS Congratulated the Recreation team on a successful Concert on the Green and stated the Salute to America will be held at Cypress College on June 28. Reminded the public that City Hall will be closed on July 4. Stated the next Council meeting will be a joint meeting with the Senior Citizens Commission and will begin at 5:00 p.m. ADJOURNMENT Mayor Minikus adjourned the Regular Meeting at 8:53 p.m. to an adjourned Regular Meeting, to be held on Monday, July 8, 2024, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THAJCIT ATTEST: