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HomeMy WebLinkAbout2025-08-25 275 REGULAR MEETING CYPRESS CITY COUNCIL AUGUST 25, 2025 5:00 P.M. — Closed Session 6:00 P.M. — General Session A regular meeting of the Cypress City Council was called to order at 5:01 p.m. by Mayor Burke 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 David Burke Mayor Pro Tern Leo Medrano Council Member Kyle Chang Council Member Scott Minikus Council Member Bonnie Peat STAFF PRESENT City Attorney Fred Galante City Clerk Alisha Farnell Director of Finance and Administrative Services Matt Burton ORAL COMMUNICATION ON CLOSED SESSION / WORKSHOP ITEMS None. CLOSED SESSION The City Attorney announced the following closed session items: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Manager CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 5495.6 Agency designated representatives: Fred Galante, City Attorney Unrepresented employee: Acting/Interim City Manager Mayor Burke recessed the meeting at 5:02 p.m. RECONVENE Mayor Burke reconvened the meeting at 6:01 p.m. ROLL CALL Mayor David Burke Mayor Pro Tem Leo Medrano Council Member Kyle Chang Council Member Scott Minikus Council Member Bonnie Peat STAFF PRESENT Director of Finance and Administrative Services Matt Burton Director of Recreation and Community Services Jeff Draper Planning Director Alicia Velasco Chief of Police Mark Lauderback 276 Director of Public Works Nick Mangkalakiri City Clerk Alisha Farnell Recreation Manager Ian Kokot Recreation Supervisor Courtney Powers Police Captain Chris Revere Police Captain Scott Ausmus Human Resources Manager Regina Nguyen Deputy City Clerk Christina Dizol INVOCATION None. PLEDGE OF ALLEGIANCE Mayor Burke led the Pledge of Allegiance. REPORT OF CLOSED SESSION /WORKSHOP The City Attorney stated that the City Council met in Closed Session and held a discussion on the two items listed on the Closed Session agenda namely, Public Employee Appointment title: Acting/Interim City Manager. A motion was made by Mayor Burke, and seconded by Council Member Chang,to appoint Assistant City Manager/Director of Finance, Matt Burton, to serve as Acting City Manager until an interim or permanent City Manager. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None The City Attorney further reported that the City Council met in Closed Session during the preceding Special Meeting and held a discussion regarding the second item listed on agenda, namely Conference with Labor Negotiator — Unrepresented employee: Acting/Interim City Manager. The City Attorney stated the City Council received an update, and no further reportable action was taken. The City Attorney announced the resignation of City Manager, Peter Grant. The City and City Manager, Peter Grant entered into a severance agreement and general release effective Monday, August 25, 2025. The City Attorney reported that the City Council held a discussion, provided direction and no further reportable action was taken. PRESENTATIONS A representative from Orange County Sanitation District provided a presentation on the Orange County Trunk Sewer project. ORAL COMMUNICATIONS ON AGENDA ITEMS Connery Nickerson, Cypress, spoke in support of Agenda Item No. 14. Anne Mallari, Cypress, spoke in support of Agenda Items 9 and 10. 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 Burke asked questions of the Director of Public Works. Council Member Minikus stated that Agenda Item No. 13, the Warrant Register, includes electronic fund transfer No. 17425 and No. 17618 for $341.78 and 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. 17425 and No. 17618 for the reason disclosed. 277 A motion was made by Mayor Burke, and seconded by Council Member Chang, to approve Consent Calendar items No. 1 through 13. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke 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: Adopt a Resolution approving the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds with Purdue and Certain of its Affiliates and the Sackler Family Recommendation: Adopt a Resolution authorizing the City to enter into the Settlement Agreement with Purdue and certain of its affiliates and the Sackler family to resolve lawsuits accusing pharmacy chains of mishandling opioid pain drugs, agree to the terms of the related State-Subdivision Agreement, and authorize entry into the related State- Subdivision Agreement with the Attorney General. RESOLUTION NO. 7032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOD-RELATED CLAIMS AGAINST PURDUE PHARMA/SACKLERS, AS WELL AS OTHER AFFILIATES, AGREE TO THE TERMS OF THE RELATED STATE-SUBDIVISION AGREEMENT, AND AUTHORIZE ENTRY INTO THE RELATED STATE-SUBDIVISION AGREEMENT AND OTHER NECESSARY DOCUMENTS WITH THE ATTORNEY GENERAL Item No. 3: Receive an Update on the Strategic Plan Six-Month Objectives Recommendation: Receive an update on the Strategic Plan six-month objectives. Item No. 4: Accept the Concrete Rehabilitation (Phase Two), Project 414 Recommendation: 1. Accept the Concrete Rehabilitation (Phase Two), Project 414, in the amount of $106,179.64 and approve the final payment of $5,308.98 to CT&T Concrete Paving Inc.; and 2. Authorize the City Engineer to file a Notice of Completion with County Recorder. Item No. 5: Accept the Orange Avenue Rehabilitation, Project 315 Recommendation: 1. Accept the Orange Avenue Rehabilitation, Project 315, in the amount of $649,995.41 and approve the final payment of$32,499.77 to Hardy& Harper, Inc.; and 2. Authorize the City Engineer to file a Notice of Completion with County Recorder. Item No. 6: Accept the Sewer System Improvements, Project 385 Recommendation: 278 1. Accept the Sewer System Improvements, Project 385, in the amount of $232,080.08 and approve the final retention payment of $11,604 to Vortex Technologies, LCC; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 7: Reject All Bids for City Hall East Wing HVAC Replacement, Project 379 Recommendation: Reject all bids for City Hall East Wing HVAC Replacement, Project 379. Item No. 8: Approve Plans and Specifications and Award Contract for Accessible Pedestrian Signals, Project 407 Recommendation: 1. Approve Plans and Specifications for Accessible Pedestrian Signals, Project 407; and 2. Award a contract to Yunex LLC for $434,095 and authorize a contingency of $65,000. Item No. 9: Approve Final Tract Map No. 19339 for 5732 Lincoln Avenue Recommendation: Approve Final Tract Map No. 19339 and the Subdivision Improvement Agreement. Item No. 10: Receive and File a Residential Parking Permit District Petition and Set a Public Hearing Recommendation: 1. Receive and file the petition to establish a Residential Parking Permit District on Surrey Drive, Lexington Street, Livermore Place, Manchester Place, Dorset Drive, Somerset Lane, Sussex Circle, Dover Circle, and Devon Circle between 2:00 a.m. and 6:00 a.m.; and 2. Set a public hearing for September 8, 2025, to consider establishing the Residential Parking Permit District. Item No. 11: Approve an Increase to a Task Order with RSG, Inc. for Buyer Verification Services for the Citrus Square Senior Community Recommendation: Increase the task order with RSG, Inc. for buyer verification services to $91,128, and authorize a 10% contingency. Item No. 12: Receive and File the Investment Reports for the Months Ended June 30, 2025 and July 31, 2025. Recommendation: Receive and file the attached investment reports. Item No. 13: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of June 7, 2025 through August 8, 2025 Recommendation: Receive and file the attached payment register summarized below for the period of June 7, 2025 through August 8, 2025: • Electronic Funds Transfers 17393 through 17818 • Warrants 68117 through 68599 • Payroll Transfers W1558 through W1562 279 NEW BUSINESS Item No. 14: Approve First Reading of an Ordinance Updating Municipal Code Section 17 Relating to Smoking Regulations and Potentially Provide Direction for Additional Regulations The City Attorney provided a report on this item. Council Member Chang spoke in support of this item. Council Member Peat asked questions of the City Attorney. Council Member Peat asked questions related to potential enforcement, and asked about the results of the recent clean up at Oak Knoll Park. Mayor Burke invited Cypress Volunteer, Connery Nickerson to answer questions related to the clean up. City Council discussion ensued. Council Member Minikus asked questions of the Chief of Police. City Council discussion continued. Mayor Burke summarized the additional regulations to be added to the Ordinance. 1. 25 ft from public bus stops and transit stops 2. 100 ft schools and daycare centers 3. Removing language related to smoking on streets and sidewalks City Council asked questions of the Chief of Police. City Council discussion ensued. The City Attorney recommended to continue the item. No action was taken. Item No. 15: Receive a Report from the Ad Hoc Subcommittee to Consider Options to Ensure the Future Sustainability of the Cypress Community Festival Mayor Burke and Council Member Peat provided a report on this item. No action was taken. ITEMS REMOVED FROM CONSENT CALENDAR None. ITEMS FROM CITY COUNCIL MEMBERS None. ORAL COMMUNICATIONS Jon Peat, Cypress, spoke regarding characteristics of good leadership. Anne Mallari, Cypress, spoke regarding City Manager transition. Beth Culver, Cypress, spoke regarding Agenda Item No. 14, the need for e-bike regulations, and the behavior of certain people following the August 11, 2025,Special Meeting. 280 Thomas Moore, Cypress, spoke regarding former City Manager, and solid waste franchise agreement. Peter Parker, Cypress, spoke regarding RV parked in Hobby Lobby parking lot. Glenn Button, Cypress, spoke regarding concerns about City Council conflict and staff departures. Norma Stein, Cypress, spoke regarding human resources procedures regarding severances and the need to move forward. Bill Wostenberg, Cypress, spoke regarding Agenda Item No. 14, concerns with City Council conflict. Brooke Nafarrete, Cypress, spoke regarding campaign finance and independent expenditures. Paul Kokkinos, Cypress, spoke regarding the lack of transparency by former City Council majorities. Timothy Yerian, Cypress, spoke regarding traffic improvement on Moody Street. COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES AND REMARKS Council Member Minikus: Attended a Cub Scouts "Be Prepared" at Oak Knoll Park. Attended National Night Out. He read an email from an anonymous sender into the record. The sender was reporting an event that occurred at LAX. Spoke regarding Special Meeting that he was unable to participate in. Mayor Burke interjected and advised Council Member Minikus to restrict comments regarding Closed Session. The City Attorney provided procedural guidance and advised against discussing the matter in open session due to its confidential nature. A discussion ensued between Mayor Burke and Council Member Minikus. Council Member Minikus continued his comments. Spoke regarding accusations on Mayor Burke outside Closed Session. The City Attorney advised against discussing the matter in open session due to its confidential nature. Council Member Minikus concluded his comments. Council Member Peat: Attended 20-year celebration of Costco with Mayor Burke. Attended a couple of Community Festival Ad-Hoc meetings. Participated in the OCTA M2 Roundtable. Attended several Concerts on the Green. Attended three Eagle Scout interviews. Attended OC Fair Government Day for elected officials. Attended the grand opening of Pho Hoa. Attended the Chamber Mixer at Rainbow Cones. Participated in a Good Bye for Pastor Trevor Cooper. Participated in a one on one with OCFA Fire Union and their new Director. Attended a personal 6th annual block party on her street. Participated in a walk through of the Olsen Tierra property. Thanked Public Works for their services and responsiveness. Spoke regarding previous City Manager, Peter Grant and reflected on his contributions to the City of Cypress and wished him well. 281 Council Member Chang: Attended Kraemer Place Community Board meeting. Attended the Pho Hoa opening with Council Member Peat. Thanked City Manager, Peter Grant for his contributions to the community and wished him well. Mayor Pro Tem Medrano: Attended the Orange County Mosquito and Vector Control District meeting on August 21, 2025. Mayor Burke: Attended final Concert on the Green and thanked the Recreation Team. Attended National Night Out. Attended Symphony on the Go in Maple Grove North Park. Attended Orange County Fire Authority Board meetings. Thanked the Cypress Police Department and local law enforcement officers for assisting with school starting in the area. Announced in a mingle with the Mayor at the Modern Cellar on September 18, 2025. Spoke regarding the City Manager transition, the confidentiality limitation on closed session matters, and the need to move forward. COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION Mayor Burke requested to agendize an item to consider the Cypress Community Festival Association's request to augment non-profit grant request at the September 8, 2025, meeting. Council Member Peat supported the item. Council Member Minikus asked questions of Mayor Burke. Mayor Burke requested to agendize an item to present a proclamation supporting Hunger Action Month. Council Member Minikus supported the item. Mayor Burke postponed a previous request to agendize a discussion about Campaign Finance Reform and will bring back at a later date. CITY MANAGER REMARKS Expressed appreciation for former City Manager Peter Grant's mentorship, wished him well, and thanked the City Council for the temporary role of Interim City Manager during the transition. The City Attorney had no remarks to report. ADJOURNMENT— IN MEMORY OF LOS ANGELES COUNTY SHERIFF DETECTIVES JOSHUA KELLEY-EKLUND, VICTOR LEMUS, AND WILLIAM OSBORN Mayor Burke adjourned the Regular Meeting at 7:45 p.m. to a Regular Meeting, to be held on Monday, September 8, 2025, beginning at 5:30 p.m. in the Executive Board Room. Y4 /1 7/i MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS