Agenda packet — Cypress City Council, May 23, 2022 (part 1 of 3)

AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
May 23, 2022
5:45 P.M.
www.cypressca.org Council Chambers
5275 Orange Avenue
Cypress, California

PUBLIC PARTICIPATION
Members of the public may participate in this meeting as follows:

1. Attend In-Person. First-come, first-served seating is available in the Council Chambers. Face coverings are strongly recommended and all in-person attendees must be free of any symptoms associated with COVID-19.

2. Attend Virtually via Webinar. This option provides the ability to provide live public comments during Oral Communications or Public Hearings and view slideshow presentations. Please register at https://attendee.gotowebinar.com/register/3433365118829319183 to receive an email containing a link to join the webinar. Advance registration is recommended.

3. Watch the Meeting. The City Council meeting can be viewed live on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

4. Listen to the Meeting. The public may participate via the listen-only teleconference mode by calling (631) 992-3221 and entering Access Code 858-821-262 when prompted. No registration or audio pin is necessary.

5. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on May 23, 2022 will be added to the City Council agenda as a Consent Calendar item.

CALL TO ORDER
5:45 P.M.

Executive Board Room

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
ORAL COMMUNICATIONS (Three minutes per speaker, unless extended by the City Council) The public may address the City Council on matters appearing on the Closed Session agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.

Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on May 23, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.

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 Group: Cypress Police Officers Association

RECONVENE
7:00 P.M.

Council Chambers

PLEDGE OF ALLEGIANCE
INVOCATION St. Irenaeus Catholic Church
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.

May 23, 2022 | Page 2

REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney

PRESENTATIONS
Cypress School District Every Student Succeeding Recognition National Public Works Week Proclamation
Introduction of New City Employees
Pickleball Month Presentation
ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

PUBLIC HEARINGS
Public comments – five minutes per speaker, unless extended by the City Council.

If you would like to provide comments on a Public Hearing item in person, please complete a Speaker's Card available at the podium. If you would like to provide comments on a Public Hearing item via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise = Unmute
Speakers providing comments in person will be called first. Members of the public providing comments via webinar are encouraged to also submit a written copy of their comments to [email protected] prior to 3:00 p.m. on May 23, 2022. This will ensure May 23, 2022 | Page 3
your comments are included in the public hearing record should you experience any technical difficulties during the public hearing.

Council Members should disclose communications with anyone relevant to a Public Hearing item.

1. Introduce an Ordinance Amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Areas), Subsection 3.17.020(B) (Accessory Structures Used For Living Purposes) Subsection 3.17.200 (Accessory Dwelling Units), Subsection

4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and Creating a New Subsection 4.19.200 (Reasonable Accommodation) of the Zoning Ordinance
Prepared by: Alicia Velasco, Planning Director
Recommendation:

1. Approve the first reading, by title only, of an Ordinance amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Areas), Subsection 3.17.020(B) (Accessory Structures Used For Living Purposes) Subsection 3.17.200 (Accessory Dwelling Units), Subsection 4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and creating a new Subsection 4.19.200 (Reasonable Accommodation) of Appendix I of the Municipal Code; and

2. Find the action exempt from the California Environmental Quality Act.

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.

2. Receive and File Public Comments Submitted for the May 23, 2022 City Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.

3. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading

4. Approve Minutes - Meeting of April 11, 2022
Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.

May 23, 2022 | Page 4

5. Second Reading and Adoption of an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters Prepared by: Mark Lauderback, Chief of Police
Recommendation: Approve the second reading and adopt an Ordinance, by title only and waive further reading, establishing regulations prohibiting the unlawful possession of catalytic converters.

6. Appoint City Commissioners
Prepared by: Alisha Farnell, City Clerk
Recommendation: Appoint Commissioners to the Recreation and Community Services, Senior Citizens, and Traffic Commissions.

7. Approve Plans and Specifications and Award Contracts for Concrete Rehabilitation, Project 293
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve Plans and Specifications for Concrete Rehabilitation, Project 293; and

2. Award a contract to CJ Concrete Construction Inc., Santa Fe Springs, CA, for $286,080, and authorize a contingency of $40,000; and

3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for $26,168 and authorize a contingency of $4,000.

8. Approve Plans and Specifications and Award Contracts for the Street Rehabilitation, Project 313
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve Plans and Specifications for the Street Rehabilitation, Project 313; and

2. Award a contract to American Asphalt South Inc., Riverside, CA, for $337,925.45, and authorize a contingency of $51,000; and

3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for $39,637 and authorize a contingency of $6,000.

May 23, 2022 | Page 5

9. Award a Contract for Graffiti Removal Services
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Award a two-year contract to Superior Property Services for Graffiti Removal Services for $225,000 with an option for up to three, one-year extensions.

10. Award an On-Call Contract for Traffic Control Services Prepared by: Doug Dancs, Director of Public Works
Recommendation: Award a contract services agreement for on-call traffic control services to Southern California Barricades.

11. Award a Professional Services Contract for Arnold Cypress Park Rehabilitation, Project 308, Constructability Review
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Award a professional services contract to Griffin Structures for $86,065, and authorize a contingency of $8,600.

12. Approve the Purchase of One Replacement Police Vehicle Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Authorize the purchase of one replacement police vehicle, including most upfitting, for $61,060 from Wondries Fleet Group via National Auto Fleet Group through the Sourcewell cooperative purchasing program; and

2. Authorize an appropriation increase of $62,326 in the City's Capital Replacement Fund to purchase and fully upfit the replacement police vehicle; and

3. Authorize a transfer of $51,160 from the General Liability Fund to the City's Capital Replacement Fund for available insurance proceeds received.

13. Approve a Task Order for the Senior Center Interior Improvements Design, Project 290
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve a Task Order to BOA Architecture for $31,500 for architectural design services and authorize a contingency of $4,700.

14. Receive and File the Five-Year Technology Master Plan Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the Five-Year Technology Master Plan for FY 2022-23 through FY 2026-27.

May 23, 2022 | Page 6

15. Receive and File the Strategic Plan Six-Month Objectives Update Prepared by: Peter Grant, City Manager
Recommendation: Receive and file the strategic plan six-month objectives update.

16. Receive and File the Investment Report for the Month Ended April 30, 2022 Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the attached investment report.

17. Approve Register of Warrants, Transfers, and Wires Issued for the Period of April 23, 2022 through May 6, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve the attached payment register summarized below for the period of April 23, 2022 through May 6, 2022:

Electronic Funds Transfers 11001 through 11045
Warrants 59344 through 59461
Payroll Transfers W1474

CONTINUED ITEMS

18. Consider a Proclamation in Support of Diversity and Inclusion Agendized by: Scott Minikus, Council Member
Recommendation: Approve a Proclamation in Support of Diversity and Inclusion.

NEW BUSINESS
None.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

May 23, 2022 | Page 7
Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on May 23, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.

COUNCIL MEMBER REPORTS AND REMARKS

CITY MANAGER REMARKS

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, June 13, 2022, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 20th day of May, 2022.

________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

May 23, 2022 | Page 8
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 1.

FROM: Alicia Velasco, Planning Director
DATE: 05/23/2022
SUBJECT: Introduce an Ordinance Amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Areas), Subsection 3.17.020(B) (Accessory Structures Used For Living Purposes) Subsection 3.17.200 (Accessory Dwelling Units), Subsection 4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and Creating a New Subsection

4.19.200 (Reasonable Accommodation) of the Zoning Ordinance

RECOMMENDATION

2. Find the action exempt from the California Environmental Quality Act.

DISCUSSION
The 2021-29 Housing Element contains State-mandated programs to remove constraints to housing development, including updating the Zoning Ordinance to comply with recent changes in State law. In November 2021, the City Council adopted updated emergency shelter provisions as a first step in this effort. The recommended amendments address State accessory dwelling units (previously identified as second units) regulations, density bonuses, and fair housing laws providing reasonable accommodations for disabled persons.

Accessory Dwelling Units
New State laws (AB 68, AB 587, AB 881, and SB 13) invalidated the City’s current ordinance and created permitting requirements for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). ADUs contain complete independent living facilities (including a kitchen and bathroom) and may be attached to the primary dwelling, detached, or converted from an existing accessory structure, while JADUs must be contained within the walls of the primary dwelling and may share bathroom facilities with the primary dwelling. The City has permitted 13 ADUs and JADUs since the new State laws took effect in 2020. The ordinance complies with State law, including:

A single-family lot is permitted an ADU, JADU, or both, if all the standards are met JADUs are limited to 500 square feet
An ADU may be attached, detached, or converted from a garage or other accessory structure
Replacement parking is not required if a garage is converted to an ADU New construction ADUs are limited to 16 feet in height
Multi-family properties can construct one ADU per four units on a property (in addition to what is permitted on single-family properties)
Density Bonus
The density bonus ordinance grants increased residential density and/or other incentives as an incentive for the construction of affordable units. State density bonus law (Government Code Sections 65915-65918) establishes density bonuses based on the number and type of affordable units and has changed significantly since the City Council last updated its ordinance in 2010. The City expects more new State-required changes to the recommenced ordinance and to future-proof it, the ordinance references the Government Code rather than the quoting it. As required by the State, the ordinance:

Includes procedures for requesting a density bonus, incentives and concessions, waiver of development standards, and parking requirement reductions Requires affordable units be similar size and quality as market rate units and ensures their development before/concurrent with market rate units Requires an Affordable Housing Agreement be recorded against the property to ensure affordability remains in place for the specified term
Requires ongoing monitoring and enforcement to ensure affordable units are occupied by qualifying households
Reasonable Accommodation
The Federal Fair Housing Act and the California Fair Employment and Housing Act require cities to provide flexibility in zoning and building regulations to give persons with disabilities equal access to housing. A common example of reasonable accommodation is a reduced front yard setback to accommodate a wheelchair ramp. An addition to the Zoning Code (Subsection 4.19.200) establishes procedures for considering reasonable accommodation requests, including standards that the accommodation will not impose an undue financial or administrative burden on the City and will not require a fundamental alteration in the nature of the City’s zoning or building regulations or procedures. Since 2020, the City has processed one reasonable accommodation request (for a wheelchair ramp).

Summary
The recommended ordinance is required to implement the 2021-29 Housing Element and comply with State law. The ordinance updates terms and definitions related to ADUs, density bonuses, and reasonable accommodations. Should the City Council not approve the recommended ordinance, the City remains obligated by these requirements in State law.

The public hearing notice for this item was posted on May 13, 2022, as required by the Municipal Code. Any comments received will be attached.

BUDGET IMPACT
None.

LEGAL REVIEW
The attached Ordinance was reviewed and approved by the City Attorney.

APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
Redlined Ordinance
CEQA Exemption
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SUBSECTION 2.05.030 (RESIDENTIAL

ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS),
SUBSECTION 2.05.050 (RESIDENTIAL OFF-STREET PARKING
REQUIREMENTS), SUBSECTION 3.11.050 (ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS), SECTION 12 (DENSITY BONUS), SUBSECTION 3.17.020(B) (ACCESSORY STRUCTURES USED FOR
LIVING PURPOSES), SUBSECTION 3.17.200 (ACCESSORY DWELLING UNITS), SUBSECTION 4.18.040 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), AND SECTION 31 (DEFINITIONS) AND
CREATING A NEW SUBSECTION 4.19.200 (REASONABLE

ACCOMMODATION) OF APPENDIX I OF THE CYPRESS MUNICIPAL

CODE AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, Sections 65915-65918 of Title 7, Division 1, Chapter 4.3 of the Government Code contains regulations pertaining to density bonuses and other incentives for the development of affordable housing; and WHEREAS, Sections 65852.2 and 65852.22 of Title 7, Division 1, Chapter 4 of the Government Code contains regulations pertaining accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) and limits a local authority’s scope of regulation upon ADUs and JADUs; and
WHEREAS, the federal Fair Housing Act and the California Fair Employment and Housing Act (“Fair Housing Laws”) provide for reasonable accommodation in the application of zoning laws, building code, and other land use regulation, policies, and procedures for persons with disabilities seeking equal access to housing; and WHEREAS, the City Council desires to update the City’s regulations so that it is consistent with State law and Fair Housing Laws; and
WHEREAS, the City Council finds that the Ordinance is consistent with the goals, policies, and objectives of the General Plan. Housing Element Goal HOU-5 is to “mitigate any potential governmental constraints to housing production and affordability”. The Ordinance furthers this goal by ensuring that the City’s zoning regulations are consistent with State laws intended to facilitate and incentivize the development of affordable housing and accessory dwelling units. Housing Element Goal HOU-6 is to “promote equal opportunity for all residents to reside in the housing of their choice”. The Ordinance is consistent with this goal in that it establishes procedures for persons with disabilities to request reasonable accommodations that will allow them to reside in the housing of their choice; and
WHEREAS, on May 23, 2022, the City Council held a duly noticed public hearing and considered testimony on the Ordinance; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. The alphabetical list of land uses in Table 2-2 (Allowable Uses and Permit Requirements for Residential Zoning Districts) of Subsection 2.05.030 of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows, with all land uses renumerated alphabetically (strikethrough represents deleted language while underline represents added language):

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS

FOR RESIDENTIAL ZONING DISTRICTS
Land Use Permit Requirement by District
RS-15000 RS-6000 RS-5000 RM-15 RM-20 MHP-20 See Section Residential
Accessory Dwelling Units P P P P P 3.17.200
Granny Units C C C — — — 6.31.020(G)
Second Dwelling Units not
more than 640 sq. ft. P P P — — — 3.17.200
Second Dwelling Units more
than 640 sq. ft. C C — — — — 3.17.200
SECTION 3. The alphabetical list of land uses in Table 2-4 (Residential Zoning District Parking Requirements) of Subsection 2.05.050 of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows, with all land uses renumerated alphabetically (strikethrough represents deleted language while underline represents added language):

TABLE 2-4

RESIDENTIAL ZONING DISTRICT PARKING REQUIREMENTS
Residential Uses Vehicle Spaces Required
Residential Land Uses
Accessory Dwelling Units See Section 3.17.200(F)(5)
Second dwelling units
1 space per bedroom in addition to the spaces required
for the single-family dwelling unit on the site. If the second dwelling unit is conditionally approved pursuant to Section 3.17.200(I), the required parking spaces shall be enclosed.

SECTION 4. Table 3.1 (Allowed Projections into Required Setback Areas, Residential Zoning Districts) of Subsection 3.11.050 of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows (strikethrough represents deleted language while underline represents added language):

TABLE 3.1

ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS

RESIDENTIAL ZONING DISTRICTS
Feature Front Setback Rear Setback Side Setback
Architectural adornments such as
cornices, eaves, sills, etc.
4 feet 4 feet Not more than one-half
of the required side
setback
Balconies (a) 6 feet 6 feet 6 feet
Bay window or similar feature which
does not extend the structure’s
foundation
4 feet 4 feet Not more than one-half
of the required side
setback
Canopies, Pop up Not allowed Not allowed Not allowed
Chimneys 4 feet 4 feet Not more than one-half
of the required side
setback
Fire escapes Not allowed No restriction No restriction
Canopies, gazebos, patio covers —
open
Not allowed Within 5 feet of the
property line.

Overhanging and
cantilevered roofs and
eaves may project to
within 2 feet 6 inches
from the rear property
line.

Within 5 feet of the
property line.

Overhanging and
cantilevered roofs and
eaves may project to
within 2 feet 6 inches
from the side property
line.

Pool motors and similar equipment Not allowed May be located anywhere within rear
setback.

May be located
anywhere within side
setback. Refer to
additional requirements
in Subsection 3.17.200
(Second Dwelling Units)
Porches 4 feet 4 feet Not more than one-half
of the required side yard
setback
Roofs of accessory structures (b) Not allowed No closer than 5 feet to the lot line
No closer than 5 feet to
the lot line, except for
units developed on zero
lot line parcels
Notes:
(a) Balconies shall be limited in width to six feet. Second floor decks other than balconies, such as (e.g., sundecks) are prohibited.
(b) Roofs shall be no more than 10 feet in height.

SECTION 5. Section 12 (Density Bonus) of Appendix I (Zoning) of the Cypress Municipal Code is hereby deleted in its entirety and replaced with a new Section 12 (Density Bonus), which shall read as follows:

SECTION 12. DENSITY BONUS

3.12.010. Purpose.

The purpose of this section is to provide incentives for the production of affordable housing in accordance with California Government Code Sections 65915-65918 (“State Density Bonus Law”).

3.12.020. Definitions.

The definitions found in State Density Bonus Law shall apply to the terms contained in this section.

3.12.030. Applicability.

This section applies to a “housing development”, as defined in Government Code Section 65915(i), or an “eligible housing development”, as defined in Government Code Section 65917.2, when an applicant proposes a density increase above the maximum allowable density and/or other regulatory incentives and concessions in exchange for reserving a portion of the units for lower-income, moderate-income, or senior households, as provided in this section and State Density Bonus Law.

3.12.040. Application Requirements
A. Required submittals. In addition to the application filing requirements established in Section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the Community Development Department:

1. How the proposed project will satisfy the eligibility requirements of Government Code Section 65915 or 65917.2.

2. The requested density bonus pursuant to subsection 3.12.050 (Density Bonus).

3. Any incentives and concessions that are sought under Government Code Section 65915(d). The applicant shall provide reasonable documentation to show that any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

4. Any waivers and reductions that are sought under Government Code Section 65915(e). The applicant shall provide reasonable documentation that the development standard(s) for which the waiver is requested will have the effect of physically precluding the development at the densities or with the concessions or incentives permitted by State Density Bonus Law.

5. Any requested parking reductions sought under Government Code Section 65915(p).

6. Documentation of how the project will comply with Government Code Section 65915(c)(3) pertaining to replacement units.

B. Fee. Payment of a fee in an amount set by resolution of the City Council, pursuant to Section 18 of the Cypress Zoning Ordinance.

C. Concurrent review. Density bonus requests shall be filed concurrently with the other planning permit application(s) required for the development. The density bonus request shall be processed concurrently with the underlying planning permit or entitlement for the project.

3.12.050. Density Bonus.

A. Calculation. Density bonuses shall be calculated as set forth in Government Code Section 65915 and 65917.2.

1. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

2. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.

3. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

B. Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing or housing intended to serve transitional foster youth, disabled veterans, or homeless persons, or other category qualifying for a density bonus under the State Density Bonus Law, the applicant shall select the category under which the density bonus is granted.

C. The applicant may elect to receive a density bonus that is less than the development is entitled to under State Density Bonus Law, including a density bonus of zero. In such cases, the applicant retains their entitlement to incentives, concessions, and parking reductions as provided in State Density Bonus Law.

3.12.060. Incentives and Concessions.

A. The applicant may request up to the number of incentives and concessions for which the project is entitled pursuant to Government Code Section 65915(d)(2).

B. The City shall grant requested incentives and concessions unless a specified finding is made as set forth in Government Code Section 65915(d)(1). However, the City is not required to deny a proposed incentive or concession solely because it can make a finding under Government Code Section 65915(d)(1).

3.12.070. Waivers and Reductions.

A. An applicant may submit to the City a proposal for waivers and reductions of development standards that physically prevent construction of a housing development and density bonus units meeting the criteria of Government Code Section 65915(b).

B. The City may deny waivers and reductions for the reasons set forth in Government Code Section 65915(e)(1).

3.12.080. Affordable Housing Requirements
A. Maximum affordable housing costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Health and Safety Code Sections 50052.5 and 50053.

B. Term of affordability. The term of affordability for affordable units shall be at least the period of time required by Government Code Section 65915(c).

C. Sale and resale of owner-occupied units. Sale and resale of owner-occupied units is subject to the requirements of Government Code Section 65915(c)(2).

D. Development Standards.

1. All affordable units shall be reasonably dispersed throughout the housing development.

2. Affordable units shall be made available for occupancy concurrently with or prior to the market rate units in the development. In the event the City approves a phased project, the affordable units shall be provided proportionately within each phase.

3. Affordable units shall be comparable with the market rate units in terms of design, construction quality, exterior appearance, exterior finished quality, and size.

4. The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market rate units of the development, unless otherwise approved by the City.

5. Comparable amenities. Residents of affordable units shall have equal access to project amenities available to other residents, including, but not limited to, access to recreational, parking, and storage facilities and interior amenities such as microwaves and dishwashers.

6. Parking. Unless the City’s adopted parking standards will result in fewer parking spaces, the applicant may request a reduction in parking standards pursuant to Government Code Section 65915(p).

3.12.090. Affordable Housing Agreement and Senior Housing Agreement.

A. Affordable Housing Agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waivers for the provision of affordable housing shall enter into an Affordable Housing Agreement with the City in a form approved by the City Attorney. The Affordable Housing Agreement shall, at a minimum, include the following:

1. The total number of units and the number of units that will be made affordable;

2. The size, bedroom count, and location of each affordable unit;

3. The income levels of the affordable units and an acknowledgement that the City will verify tenant and home buyer incomes to maintain the affordability of the units;

4. The term of affordability for the units, which shall not be less than the period of time required by Government Code Section 65915;

5. The approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any;

6. Schedule of development for all units; and

7. An affirmative fair marketing plan that is approved by the City to ensure advertising of the availability of the affordable units to a wide spectrum of City residents.

B. Senior Housing Agreement. Applicants that have been conditionally granted a density bonus, incentives and concessions, and/or waiver for the provision of market rate senior housing shall enter into a Senior Housing Agreement with the City in a form approved by the City Attorney. The Senior Housing Agreement shall require the development to operate as a senior citizen housing development pursuant to Government Code Section 65915(b)(1)(C). The Senior Housing Agreement shall also include the following:

1. Approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any; and

2. Schedule of development for all units.

C. Recordation. The executed Affordable Housing Agreement or Senior Housing Agreement shall be recorded against the housing development prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The Affordable Housing Agreement or Senior Housing Agreement shall bind all future owners and successors in interest for the term of years specified therein.

3.12.100. Enforcement and Monitoring.

A. The provisions of this section shall apply to all developers and their agents, successors, and assigns proposing a housing development governed by this section.

No building permit or certificate of occupancy shall be issued, nor any entitlement granted, for a project receiving a density bonus, incentive, concession, or waiver until it meets the requirements of this section.

B. The director shall establish administration regulations which contain guidelines and procedures for the effective implementation of this section. The administrative regulations may include fees for monitoring, reports, transactions, and other administrative activities to the extent allowable by State Density Bonus Law. All fees shall be approved by the City Council in an amount set by resolution, pursuant to Section 18 of the Cypress Zoning Ordinance.

C. All affordable units shall be rented or owned in accordance with this section and the administrative guidelines. Any individual who sells or rents an affordable unit in violation of the provisions of this section shall be required to forfeit all monetary amounts so obtained.

D. The City Attorney shall be authorized to enforce the provisions of this section and all Affordable Housing Agreements, Senior Housing Agreements, covenants, resale restrictions, promissory notes, deeds of trust, and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law.

3.12.110. Interpretation.

If any portion of this subsection conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

SECTION 6. Subsection 3.17.020(B) of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows (strikethrough represents deleted language while underline represents added language):

B. Accessory structures used for living purposes. An accessory structure used for living purposes shall meet the requirements of subsection 3.17.200 (Second Accessory dwelling units).

SECTION 7. Subsection 3.17.200 (Second dwelling units) of Appendix I (Zoning) of the Cypress Municipal Code is hereby deleted in its entirety and replaced with a new Subsection 3.17.200 (Accessory dwelling units), which shall read as follows:

3.17.200. Accessory dwelling units.

A. Purpose. The purpose of this subsection is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22.

B. Effect of conforming. An ADU or JADU that conforms to the provisions of this subsection shall:

1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

2. Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located; and

3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Application and review procedures.

1. Review. Applications for ADUs or JADUs shall be considered ministerially through the plan check process. The director or their designee shall consider and approve or disapprove a complete application for an ADU or JADU within 60 days from the date the City receives a complete application. Review is limited to whether the proposed ADU or JADU complies with the requirements of this subsection. If the application to create an ADU or JADU is submitted concurrently with an application to create a new single-family dwelling on the lot, the director may delay acting upon the application for the ADU or JADU until the City acts on the application to create the new single-family dwelling.

2. Nonconformities. The correction of nonconforming zoning conditions shall not be required for the creation of an ADU or JADU.

D. Locations permitted.

1. ADUs conforming to the provisions of this subsection may be located on any lot in the City that is zoned to allow single-family or multi-family residential uses and that includes a proposed or existing legally developed single-family or an existing legally developed two-family or multi-family dwelling.

2. JADUs conforming to the provisions of this subsection may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

3. ADUs and JADUs shall not be permitted on any parcel that has obtained a permit for a two-unit development and urban lot split pursuant to Government Code Sections 65852.21 and 66411.7.

E. Number of ADUs and JADUs permitted.

1. Single-family lots. No more than one (1) ADU and one (1) JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.

2. Multi-family lots. A lot developed with a two-family or multi-family dwelling shall be permitted either:
a. No more than two (2) detached ADUs; or
b. Up to twenty-five (25) percent of the number of existing multi-family dwelling units within existing multi-family or two-family dwelling structures. The ADUs must be converted from portions of the existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For the purposes of calculating the number of allowable ADUs, the following shall apply:
i. Fractions shall be rounded down to the next lower whole number of dwelling units, except that at least one (1) ADU shall be allowed. ii. Previously approved ADUs shall not count towards the existing number of multi-family dwelling units.

F. Development standards. Except as modified by this subsection, ADUs and/or JADUs shall conform to the development standards applicable to the lot on which it is located as set forth in the Cypress Zoning Ordinance and/or in an applicable specific plan.

1. Lot area. There shall be no minimum lot area required in order to establish an ADU or JADU.

2. Unit size.
a. ADUs.
i. No ADU shall exceed 1,200 square feet in size.
ii. An attached ADU that is created on a lot with an existing or proposed singlefamily dwelling is further limited to fifty (50) percent of the floor area of the existing or proposed primary dwelling.
iii. An ADU constructed solely through the conversion of an existing building or structure or in the same location and same dimensions as an existing structure shall be limited in size to the existing square footage of the building or structure converted or replaced, except that an expansion of not more than 150 square feet is permitted to accommodate ingress and egress to the ADU only.
iv. The application of requirements related to lot coverage, floor area ratio, or open space may further limit the size of an ADU; however, in no case shall the application of such requirements limit the size of an ADU to less than 800 square feet.
b. JADUs. No JADU shall exceed 500 square feet in size. c. Minimum size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.

3. Setbacks.
a. Minimum setbacks of no less than four (4) feet from the side and rear property lines are required for newly constructed ADUs.
b. The minimum setback from the front property line shall be the same setback requirement that applies to the primary dwelling.
c. For conversion of an existing building or structure or replacement in the same location and same dimensions as an existing structure, no additional setback is required beyond the existing setback, provided it is sufficient for fire and safety.

4. Height.
a. Newly constructed ADUs shall not exceed one (1) story and a height of sixteen (16) feet.
b. ADUs and JADUs converted from an existing building or structure shall not exceed the height of the existing structure.

5. Parking.
a. ADUs. A minimum of one (1) parking space shall be provided for each ADU unless they are not required pursuant to paragraph (5.b) below. The required parking space may be permitted in setback areas or through tandem parking on a driveway.
b. Exceptions. Off-street parking for the ADU is not required in the following instances:
i. The ADU is a studio;
ii. The ADU is located within one-half (1/2) mile walking distance of public transit, as that term is defined in Government Code Section 65852.2; or iii. When parking for the ADU is not required pursuant to Government Code Section 65852.2 (d).
c. JADUs. No parking shall be required for JADUs.
d. No Replacement. When a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or JADU, those off-street parking spaces are not required to be replaced.

6. Kitchens.
a. ADUs. ADUs shall have a kitchen, as required by the Building Code, which shall include a kitchen sink, cooking device, refrigeration, food preparation counter, and storage cabinets.
b. JADUs. JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

7. Design. Exterior finished materials on the ADU or JADU shall match the exterior finished materials for the primary dwelling unit.

8. Fire sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required in the primary residence.

9. Exterior access. An attached or converted ADU or JADU on a single-family lot must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.

10.Passageway. No passageway shall be required in conjunction with the construction of an ADU and/or JADU. For the purposes of this chapter, "passageway" shall mean a pathway that is unobstructed, clear to the sky, and extends from the right-of-way to one (1) entrance of the ADU and/or JADU.

11.Utilities.
a. ADUs. An ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner’s option, when permitted by the utility provider, and subject to the payment of all applicable fees. b. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

G. Other requirements.

1. No separate conveyance. Except as otherwise provided in Government Code Section 65852.26 or by other applicable laws, an ADU or JADU may be rented separate from the primary residence(s), but may not be sold or otherwise conveyed separate from the primary residence(s). A lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

2. Short-term rental prohibited. Rental of an ADU or JADU for a term of thirty (30) days or less is prohibited.

3. Owner occupancy requirements.
a. ADUs.
i. For any ADU created on or after January 1, 2020, but before January 1, 2025, owner occupancy of the primary dwelling or ADU is not required. ii. For all ADUs created on or after January 1, 2025, an owner of record of the lot upon which the ADU is located must occupy either the primary dwelling or ADU as their principal residence.
b. JADUs. An owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single-family dwelling as their principal residence. However, the owner occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

4. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property in the county recorder’s office and a copy filed with the Community Development Department. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall include the following:
a. The ADU or JADU may not be sold separately from the primary dwelling(s). b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this subsection, including owner occupancy restrictions and the prohibition on short-term rental.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may not be modified or terminated without the prior written consent of the director.
e. The deed restriction is enforceable by the director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

5. Impact fees.
a. No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size.
b. Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or greater in size shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
c. For purposes of this section, “impact fee” does not include any connection fee or capacity charge for water or sewer service.

SECTION 8. A new Subsection 4.19.100 (Reasonable Accommodation) of Appendix I (Zoning) of the Cypress Municipal Code is hereby added as follows:

4.19.100. Reasonable Accommodation.

D. Purpose of subsection. The purpose of this subsection is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (collectively, the “Fair Housing Laws”) in the application of zoning laws, building codes, and other land use regulations, policies, and procedures.

E. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for the disabled, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice denies a person equal access to housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and/or use of housing or housing related facilities that that is necessary to afford an individual with a disability an equal opportunity to housing. Requests for reasonable accommodation shall be made in the manner prescribed by this subsection and shall be approved only for the benefit of one or more individuals with a disability.

3. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

F. Application Requirements.

1. Required submittals. In addition to the application filing requirements established in Section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the Community Development Department:
a. Documentation that the applicant is an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one or more individuals with a disability. Documentation may include a letter from a medical doctor or other licensed healthcare professional, a disabled license, or any other appropriate evidence;
b. The specific code section, regulation, policy or practice from which relief is sought and an explanation of why it is preventing, or will prevent, the use and enjoyment of the subject property by one or more individuals with a disability; c. The specific exception or modification requested and an explanation of why it is necessary to provide one or more individuals with a disability equal access to housing;
d. Verification that the property is or will be the primary residence of the individual(s) for whom the reasonable accommodation is requested; and e. Any other information that the director reasonably concludes is necessary to make the findings required by this subsection, consistent with Fair Housing Laws.

2. Other discretionary permits. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review.

3. Fee. No fee shall be required for a request for reasonable accommodation, but if the project requires another permit, then the prescribed fee shall be paid for all other permits.

G. Authority.

1. Director. Requests for reasonable accommodation shall be reviewed by the director, or designee, unless another discretionary approval is sought for which the City Council is the reviewing authority.

2. City Council. Requests for reasonable accommodation shall be reviewed by the City Council when they are submitted for concurrent review with another discretionary land use application for which the City Council is the reviewing authority.

H. Proceedings.

1. Director’s action. For requests reviewed by the director, the director shall issue a written determination within 30 days of the date of receipt of a complete application.

2. City Council action. For requests reviewed by the City Council, the processing procedures of the discretionary land use permit shall govern the joint processing of both the request for reasonable accommodation and the discretionary land use permit.

3. The reviewing authority’s written decision shall set forth the findings in accordance with paragraph F (Findings), any conditions of approval, and notice of the right to appeal, if applicable.

4. Conditions of approval. The reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings required by this subsection.

5. Alternative reasonable accommodations. The reviewing authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the individual(s) with disabilities.

6. Appeals. If the director does not grant the reasonable accommodation request, or if the applicant disagrees with any conditions imposed on the granting of the reasonable accommodation, the applicant may file an appeal to the City Council in compliance with Section 27 (Appeals) including that the appeal be submitted in writing before 5:00 p.m. of the fourteenth (14th) day following the date the decision was rendered by the director. Decisions on reasonable accommodation requests made by the City Council are final.

7. A reasonable accommodation is granted to an individual(s) and shall not run with the land. If the persons for which the accommodation were granted vacate the residence, the reasonable accommodation shall remain in effect only if the director determines that:
a. The modification is physically integrated on the property and cannot feasibly be removed or altered; or
b. The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a written request by the City shall constitute grounds for discontinuance by the City of the previously approved reasonable accommodation.

I. Findings. A request for reasonable accommodation shall be approved, with or without conditions, if the review authority first finds, based upon all the evidence presented, all of the following:

1. The housing which is the subject of the request for reasonable accommodation will be occupied by one or more individuals with disabilities protected under Fair Housing Laws;

2. The reasonable accommodation is necessary to make housing available to one or more individuals with a disability protected under the Fair Housing Laws;

3. The requested accommodation will not impose an undue financial or administrative burden on the City; and

4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies, and/or procedures.

SECTION 9. Subsection 4.18.040 (Authority for land use and zoning decisions) of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows (strikethrough represents deleted language while underline represents added language):

4.18.040. Authority for land use and zoning decisions.

Table 4-1 (Review Authority) identified the city official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this zoning ordinance.

TABLE 4-1

REVIEW AUTHORITY
Type of Entitlement or
Decision Applicable Citation Director Council
Adjustments 4.19.050 Approve (1) Appeal
Conditional Use Permits 4.19.070 Recommend (2) Approve
Development Agreements Section 21 Recommend Approve
Design Reviews 4.19.060 Recommend Approve
Director’s Reviews 4.19.030 Approve (3) Appeal (4)
General Plan
Amendments Section 28 Recommend Approve
Home Occupation Permits 4.19.060 Issue Appeal
Interpretations 1.02.020 Issue Appeal
Reasonable
Accommodation 4.19.100 Approve (5) Appeal
Sign Permits Section 15 Issue Appeal
Specific Plans Section 20 Recommend Approve
Temporary Use Permits 4.19.040 Approve Appeal
Variances 4.19.080 Recommend Approve
Zoning Clearances 4.19.020 Issue Appeal
Zoning Map Amendments Section 28 Recommend Approve
Zoning Ordinance
Amendments Section 28 Recommend Approve
Notes:
(1) The director may defer action and refer any permit or approval application to the council for final determination. (2) “Recommend” means that the review authority makes a recommendation to a higher review authority; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with section 27 (Appeals).
(3) All decisions of the director are appealable to council, in compliance with section 27 (Appeals). (4) All decisions of the council are final.
(5) When requests for reasonable accommodation are submitted for concurrent review with another discretionary land use application for which the council is the reviewing authority, the council shall also review the request for reasonable accommodation.

SECTION 10. The alphabetical list of definitions in Section 31 (Definitions) of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended as follows, with the all definitions renumerated alphabetically (strikethrough represents deleted language while underline represents added language):

6.31.020. Definitions of specialized terms and phrases.

D. Definitions, “D.”
Density bonuses. A density bonus, as defined by Government Code § 65915 et seq., is an increased residential density of at least twenty-five (25) percent over the maximum authorized density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of affordable very low and/or low income dwelling units pursuant to Government Code Sections 65915-65918.

Dwelling unit, accessory. An attached or detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

Dwelling unit, junior accessory. A unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

G. Definitions, “G.”
Granny unit. A dwelling unit, either attached to or detached from, a primary residence on a parcel that is zoned for a single-family residence, that is intended for the sole occupancy of one or two (2) adult persons who are sixty-two (62) years of age or over, consistent with Government Code Section 65852.1, as amended from time to time.

The area of floor space of an attached granny unit shall not exceed thirty (30) percent of the existing living area. The area of the floor space of a detached granny unit shall not exceed one thousand two hundred (1,200) square feet.

S. Definitions, “S.”
Second dwelling unit. A second permanent dwelling unit that is attached to or detached from an existing single-family residential dwelling unit which provides complete independent living facilities for one or more persons, as defined in Government Code Section 65852.2(i)(4), as it exists or as it may be amended from time to time. The second dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the existing unit is situated. A second dwelling unit may be an efficiency unit, as defined in Health and Safety Code Section 17958.1, as amended, or a manufactured home, as defined in Health and Safety Code Section 18007, as amended. (See subsection 3.17.200 (Second dwelling units).)
SECTION 11. CEQA. In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The ordinance is limited to establishing procedures and standards for accessory dwelling units and density bonuses pursuant to State law. Reasonable accommodation procedures established are in compliance with federal and State fair housing laws. No new construction is proposed.

SECTION 12. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

The City Council of the City of Cypress declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this Ordinance are declared invalid.

SECTION 13. Effective date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 14. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the ___ day of __________, 2022.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 23rd day of May, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS
1 ZONING ORDINANCE AMENDMENTS – REDLINED VERSION
(Strikethrough text represents deleted language while underlined red text represents added language.)
Subsection 2.05.030
TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS

ALLOWED PROJECTIONS INTO REQUIRED SETBACK AREAS

Overhanging and
cantilevered roofs and
eaves may project to
within 2 feet 6 inches
from the rear property
line.

Within 5 feet of the
property line.

Overhanging and
cantilevered roofs and
eaves may project to
within 2 feet 6 inches
from the side property
line.

Pool motors and similar equipment Not allowed May be located anywhere within rear
setback.

SECTION 12. DENSITY BONUS

3.12.010. Purpose.

The purpose of this section is to provide incentives for the production of affordable housing in accordance with California Government Code Sections 65915-65918 (“State Density Bonus Law”).
3 A. Purpose. This section is established in compliance with the provisions of Government Code Section 65915 et seq. to encourage the development of affordable housing for both the rental and for-sale housing markets. The city recognizes that incentives are often necessary to encourage development of affordable housing and to ensure that the housing reflects the high-quality standards of development appropriate for all housing types throughout the city.

B. Inclusionary housing policy. Residential development constructed in redevelopment project areas established by the Cypress Redevelopment Agency shall meet the provisions in the inclusionary housing policy adopted by Resolution No. CRA-109 on March 24, 2003, as amended from time to time.

C. State law. The provisions of California Government Code Sections 65915-65918 pertaining to density bonuses and other incentives are hereby adopted, as amended from time to time, as part of this subsection.

3.12.020. Definitions.

The definitions found in State Density Bonus Law shall apply to the terms contained in this section.

Affordable payments. Monthly payments for an owner-occupied unit that:
a. Do not exceed thirty (30) percent of the low and/or very low income individual’s or family’s monthly income; and
b. Include principal and interest on any mortgage, taxes, insurance, and association dues.

Affordable rent.
a. For those units targeted for individuals and families of low income, a monthly rental rate which does not exceed thirty (30) percent of sixty (60) percent of area median income;
b. For those units targeted for individuals and families of very low income, a monthly rental rate which does not exceed thirty (30) percent of fifty (50) percent of area median income.

Affordable units. Units set aside as a condition to granting the density bonus and to be inhabited by individuals and families of low and/or very low income (known collectively as “lower”).

Applicant. The owner or developer of real property who proposes to construct a qualified project providing affordable units for low and/or very low-income individuals and families.

Area median income. Income levels adopted in conformance with the United States Housing Act of 1937, 42 USC section 1437 et seq. and adopted by the State of California, Department of Housing and Community Development in title 25, California 4 Code of Regulations (CCR), Section 6932, which implements Health and Safety Code, section 50093.

Child care facility. A child care facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

Density. The number of housing units net per acre, unless otherwise stated, for residential uses.

Density bonus. A density increase over the otherwise maximum allowable density for the general plan land use designation and zoning for the site of the proposed development as of the date of application by the applicant to the city. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units meet or exceed the percentages established in California Government CodeSection 65915.

Development standard. A site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

Elderly individuals. Individuals and families who meet the qualifications of Health and Safety Code, section 50067.

Low-income individuals. Individuals and families with incomes at or below the range established by Health and Safety Code, section 50079.5, and delineated at 25 CCR 6932; and also includes elderly individuals and families as defined in Health and Safety Code, section 50067.

Maximum allowable residential density. The density allowed under the zoning ordinance and land use element of the general plan.

Owner-occupied projects. Qualified projects for which a density bonus has been granted and whose units are designed to be sold to low-income or very low-income individuals or families, as opposed to being rented to low-income or very low-income individuals or families.

Qualified project. Either an owner-occupied project or a rental project for a housing development consisting of five (5) or more units for which the applicant agrees to construct twenty (20) percent or more of the units for occupancy by lower income individuals and families or ten (10) percent of the total units for individuals and families of very low income.

5 Rental projects. Density bonus projects designed to serve individuals and families of low income and/or very low income on a rental basis where rent payments do not exceed one-third of the individual’s or family’s qualified monthly income.

Reserved retained proceeds. The difference between the market rate resale price of the affordable unit(s) during the restricted period and the amount of the resale price the owner is authorized to retain under the provisions of 3.12.060C.1. and D.1. (Minimum requirements—Owner-occupied units).

Section 8. Section 8 of the United States Housing Act of 1937, as amended, now codified at 42 U.S.C. Section 1437 et seq.

Very low income individuals. Individuals and families with incomes at or below the range established by Health and Safety Code, section 50105, and delineated at 25 CCR 6932.

3.12.030. Applicability.

1. How the proposed project will satisfy the eligibility requirements of Government Code Section 65915 or 65917.2.

2. The requested density bonus pursuant to subsection 3.12.050 (Density Bonus).

6. Documentation of how the project will comply with Government Code Section 65915(c)(3) pertaining to replacement units.

B. Fee. Payment of a fee in an amount set by resolution of the City Council, pursuant to Section 18 of the Cypress Zoning Ordinance.

3.12.050. Density Bonus.

A. Calculation. Density bonuses shall be calculated as set forth in Government Code Section 65915 and 65917.2.

2. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.

3. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

3.12.060. Incentives and Concessions.
7 A. The applicant may request up to the number of incentives and concessions for which the project is entitled pursuant to Government Code Section 65915(d)(2).

3.12.070. Waivers and Reductions.

B. The City may deny waivers and reductions for the reasons set forth in Government Code Section 65915(e)(1).

B. Term of affordability. The term of affordability for affordable units shall be at least the period of time required by Government Code Section 65915(c).

C. Sale and resale of owner-occupied units. Sale and resale of owner-occupied units is subject to the requirements of Government Code Section 65915(c)(2).

D. Development Standards.

1. All affordable units shall be reasonably dispersed throughout the housing development.

3. Affordable units shall be comparable with the market rate units in terms of design, construction quality, exterior appearance, exterior finished quality, and size.

4. The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market rate units of the development, unless otherwise approved by the City. 8 5. Comparable amenities. Residents of affordable units shall have equal access to project amenities available to other residents, including, but not limited to, access to recreational, parking, and storage facilities and interior amenities such as microwaves and dishwashers.

6. Parking. Unless the City’s adopted parking standards will result in fewer parking spaces, the applicant may request a reduction in parking standards pursuant to Government Code Section 65915(p).

3.12.090. Affordable Housing Agreement and Senior Housing Agreement.

1. The total number of units and the number of units that will be made affordable;

2. The size, bedroom count, and location of each affordable unit;

3. The income levels of the affordable units and an acknowledgement that the City will verify tenant and home buyer incomes to maintain the affordability of the units;

4. The term of affordability for the units, which shall not be less than the period of time required by Government Code Section 65915;

5. The approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any;

6. Schedule of development for all units; and

7. An affirmative fair marketing plan that is approved by the City to ensure advertising of the availability of the affordable units to a wide spectrum of City residents.

1. Approved density bonus, incentives, concessions, waivers, and/or parking reductions, if any; and
9 2. Schedule of development for all units.

3.12.100. Enforcement and Monitoring.

A. The provisions of this section shall apply to all developers and their agents, successors, and assigns proposing a housing development governed by this section.

3.12.110. Interpretation.

3.12.030. Participation requirements.

A. Minimum number of units. Only housing developments consisting of five or more housing units shall be eligible for a density bonus in compliance with the provisions of this section 12.

B. Pre-application and application process.
10 1. Pre-application process. Before the submittal of a formal application for a density bonus, the applicant shall complete and submit a pre-application consistent with the requirements of the Department. A pre-application conference shall be conducted with the Director or his designee for the purpose of reviewing the provisions of this Section 12 and discussing the incentives or concessions that may be applied to the proposed project.

2. Written notification of process for project’s qualification to receive density bonus. Within ninety (90) days after receipt of the pre-application, the department shall notify the applicant in writing of the procedures under which the application shall comply with the provisions of this section 12 and Government Code section 65915 et seq. Included within that determination, which shall be approved by the Planning Agency, shall be the method of compliance to be utilized for this project, including the incentive and/or concession outlined in subsection 3.12.040A. (City incentives to encourage participation—Incentives and concessions).

3. Application process. Following receipt of the notice of the department described in subparagraph 2 above, the applicant may submit a formal application consistent with the requirements of section 18 (Applications, Processing, and Fees).

4. Waiver of standards if project not economically feasible. If the applicant believes that a waiver or modification of applicable development and zoning standards is necessary to make the project economically feasible, the applicant shall bear the burden of showing that a waiver or modification is necessary.

3.12.040. City incentives to encourage participation.

A. Incentives and concessions. In addition to granting the density bonus for a qualifying project in compliance with this section, the city shall grant one (1) to three (3) incentive(s) or concession(s) for each project, depending on the percentages of affordable units that the developer provides as set forth in Government Code Section 65915, subsection (d), as follows:

1. Incentives. Incentives shall include:
a. Subsidized development fees;
b. Mixed-use zoning (combination of housing with commercial, office, industrial, or other land uses which will reduce the cost of the housing development); c. Waiver of certain development fees; and
d. Direct financial participation by the city.

2. Concessions. Concessions shall include:
a. Increases in parcel coverage;
b. Decreases in minimum parcel size allowed for development; c. Reduction in side setbacks;
d. Reduction in rear setbacks;
11 e. Coordination of placement and responsibilities for public works improvements;
f. Reduction in local building standards to those minimums approved by the state;
g. Reduction in the number of required off-street parking spaces; or h. Waiver of certain fee or dedication requirements.

B. Additional density bonus. An applicant shall be eligible for an increased density bonus for a housing development that includes a donation of land and/or a child care facility, subject to the conditions and provisions set forth in Government Code Section 65915, subsections (g) and (h), respectively.

C. Vehicle parking ratio. In accordance with Government Code Section 65915, subsection (p), the following minimum vehicle parking ratios shall be applied to qualifying density bonus projects. Upon the request of the developer, the city shall allow the following vehicle parking ratios, inclusive of handicapped and guest parking, of a development meeting the criteria for a density bonus as set forth in this ordinance:

1. Zero (0) to one (1) bedroom: One (1) onsite parking space.

2. Two (2) to three (3) bedrooms: Two (2) onsite parking stalls.

3. Four (4) or more bedrooms: Two and one half (2½) parking spaces.

4. A density bonus development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

5. An applicant may request parking incentives or concessions beyond those provided in this subsection.

3.12.050. Minimum requirements—Rental units.

A. Number of affordable units. An applicant may request a density bonus whenever an applicant agrees to construct a rental project that will contain one (1) of the following:

1. Ten (10) percent or more of the units set aside for occupancy by lower income individuals and families; or

2. Five (5) percent or more of the units set aside for occupancy by very low income individuals and families; or

3. A senior citizen housing development as defined in Civil Code Sections 51.3 and

51.12, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

B. Standards and limitations. A request for a density bonus shall be granted subject to the following standards and limitations.

1. Eligibility requirements. The proposed project qualifies under the applicable definitions outlined in subsection 3.12.020 (Definitions), above.

2. Number of bonuses, incentives, or concessions. The applicant is eligible for both a density bonus and at least one additional incentive or concession. 12 3. Type of bonuses, incentives, or concessions. The additional incentive or concession shall be from the list provided in subsection 3.12.040A. (City incentives to encourage participation—Incentives and concessions), above.

4. Written density bonus agreement. The applicant shall enter into and execute a written density bonus agreement with the city before the issuance of any building permits. This density bonus agreement shall specifically outline the terms of the density bonus and shall identify any additional incentive or concession provided.

5. Time periods for affordability restrictions. Units set aside for lower income individuals and families (the affordable units) shall be affordable at affordable rents as defined in subsection 3.12.020 (Definitions—Affordable rent) for a period of at least thirty (30) years.

6. Thirty-year or longer time period for affordability restrictions when direct government financial assistance. Units constructed as a rental project to serve individuals and families of low and/or very low income for which the rental project receives direct financial assistance from the federal or state government or from the city redevelopment agency, or housing authority, including local construction or mortgage financing assistance, mortgage insurance, rent subsidies, reduced cost realty, or similar financial participations, shall be reserved for a period of thirty (30) years. A longer period of time may be established if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or applicable redevelopment law.

7. Affordable units comparable in quality to entire project. Units financed under section 1472 and 1490(a) of Title 42 of the United States Code shall be subject to the applicable restrictions of that title. The applicant shall ensure, and the city shall review for compliance, that the units designated for lower income individuals and families contain a bedroom mix representative of the entire development and contain comparable quality amenities representative of the entire project. In no instance shall the applicant be entitled to downgrade the affordable units or to make them of lesser quality or in any way prejudice or stigmatize the designated unit and/or its residents.

8. Liquidated damages provision required in density bonus agreement. The recorded covenants for the rental project shall provide for liquidated damages to be paid to the city, or any housing authority acting on the city’s behalf, in the event of a breach of the terms of the density bonus agreement required under this section. The liquidated damages shall be outlined in the agreement, determined in advance by the city, and shall relate directly to the anticipated costs of providing replacement affordable units for the balance of the term of the density bonus agreement required in compliance with this section 12.

9. Participation in Orange County Single-Family Revenue Bond Program. The applicant may participate in the County of Orange Single-family Revenue Bond Program and shall conform to the criteria established by the bond program requiring affordability for lower income or very low income individuals and families. However, the applicant shall also be required to meet the standards, requirements, conditions, and terms of the density bonus program and this section 12 established by the city. In the event of conflict between the terms and conditions of the county program and this section, the conflict shall be resolved 13 in, and governed by, the density bonus agreement between the city and the applicant.

C. Right of Planning Agency to disapprove additional incentive or concession. After evaluating any additional incentive or concession that could result in the rental project being produced at the reduced cost, the planning agency may make a written finding that the additional incentive or concession is not required in order for rents for the affordable units to qualify as affordable in compliance with subsection 3.12.020 (Definitions—Affordable rent) above.

3.12.060. Minimum requirements—Owner-occupied units.

A. Number of affordable units. An applicant may request a density bonus whenever an applicant agrees to construct a rental project that will contain one (1) of the following:

1. Ten (10) percent or more of the units set aside for occupancy by lower income individuals and families; or

2. Five (5) percent or more of the units set aside for occupancy by very low income individuals and families; or

3. A senior citizen housing development as defined in Civil Code Sections 51.3 and

51.12, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

4. Ten (10) percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

B. Standards and limitations. A request for a density bonus shall be granted subject to the following standards and limitations.

1. Eligibility requirements. The proposed project qualifies under the applicable definitions outlined in subsection 3.12.020 (Definitions), above.

2. Number of bonuses, incentives, or concessions. The applicant is eligible for both a density bonus and at least one additional incentive or concession.

3. Type of bonuses, incentives, or concessions. The additional incentive or concession shall be from the list provided in subsection 3.12.040A. (Incentives and concessions) above.

4. Written density bonus agreement. No application for a development project that includes an owner-occupied density bonus unit shall be complete unless and until the applicant has entered into and executed a written density bonus agreement provided to the applicant by the city. This density bonus agreement shall specifically outline the terms of the density bonus and identify any additional incentive or concession provided. Applicants seeking to utilize the “affordability plan” option provided in subsection 3.12.060C. (Determination of initial selling price) shall submit an “affordability plan” concurrently with the filing of the application for the development project.
14 5. Time periods for affordability restrictions. Units set aside for lower income individuals and families (the affordable units) shall be affordable at affordable rents as defined in subsection 3.12.020 (Definitions—Affordable rent) for a period of at least thirty (30) years.

6. Thirty-year or longer time period for affordability restrictions when direct government financial assistance. Units constructed as an owner-occupied project for which the owner-occupied project receives direct financial assistance from the federal or state government or from the city redevelopment agency, or housing authority, including local construction or mortgage financing assistance, mortgage insurance, rent subsidies, reduced cost realty, or similar financial participations shall be reserved for a period of thirty (30) years. A longer period of time may be established if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or applicable redevelopment law.

7. Affordable units comparable in quality to entire project. Units financed under section 1472 and 1490(a) of title 42 of the United States Code shall be subject to the applicable restrictions of that title. The applicant shall ensure, and the city shall review for compliance, that the units designated for lower income individuals and families contain a bedroom mix representative of the entire development and contain comparable quality amenities representative of the entire project. In no instance shall the applicant be entitled to downgrade the affordable units or to make them of lesser quality or in any way prejudice or stigmatize the unit and/or its residents.

8. Liquidated damages provision required in density bonus agreement. The recorded covenants for the owner-occupied project shall provide for liquidated damages to be paid to the city, or any housing authority, acting on the city’s behalf, in the event of a breach of the terms of the agreement required under this section. The liquidated damages shall be outlined in the density bonus agreement, determined in advance by the city, and relate directly to the anticipated costs of providing replacement affordable units for the balance of the term of the density bonus agreement required in compliance with this section 12.

9. Participation in Orange County Single-Family Revenue Bond Program. The applicant may participate in the County of Orange Single-family Revenue Bond Program and shall conform to the criteria established by the bond program requiring affordability of lower income or very low-income individuals and families. However, the applicant shall also be required to meet the standards, requirements, conditions, and terms of the density bonus program and this section established by the city. In the event of conflict between the terms and conditions of the county program and this section 12, the conflict shall be resolved in, and governed by, the density bonus agreement between the city and the applicant.

C. Determination of initial selling price. The initial selling price of the affordable unit(s) shall be based upon one of the following mechanisms:

1. Maximum total unit price capped at three (3) times income and monthly payments capped at thirty (30) percent of income. The total unit price for a 15 qualified affordable unit shall not be more than three (3) times the income of the low and/or very low income individuals or families purchasing an affordable unit.

The monthly payments including principal, interest, taxes, insurance, and association dues, if any, shall not exceed thirty (30) percent of the income of the low or lower income individuals or families buying the unit(s) based on a fully amortized thirty-year fixed rate mortgage or a thirty-year variable rate mortgage with monthly payments that cannot increase more than seven and one-half (7 1/2) percent per year. With the variable rate mortgage and allowed increases, the total monthly payments shall not exceed thirty (30) percent of the monthly income of the low or lower income individuals or families purchasing the unit(s). Down payment requirements shall not exceed that customarily required in the lending industry for units selling at a comparable price.

2. Council-approved affordability plan. The total unit price for the affordable unit(s) may be based on an “affordability plan” submitted by the applicant with the application for a density bonus. An “affordability plan” shall demonstrate to the satisfaction of the Director that the affordable unit(s) sold under the affordability plan will be affordable to individuals and families of low and lower income.

Utilization of the affordability plan shall only be available to an applicant if the plan is specifically approved by the planning agency at the time the planning agency approves the project.

3. Pricing mechanism in absence of request for affordability plan or approval of affordability plan. The failure of the planning agency to approve or the applicant to request or submit an affordability plan at the time the application for the project is complete or deemed complete shall mean the pricing mechanism outlined in subparagraph B.1. above controls.

D. Resale of affordable units—Ten-year period. Refer to the resale requirements for thirty-year period, as described in the following subsection E.

E. Resale of affordable units—Thirty-year period. The city shall enforce an equitysharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement:

1. The city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

2. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subparagraph 2. herein, and its proportionate share of appreciation, as defined in subparagraph 3. herein, which amount shall be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.
16 3. The city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.

4. Lien for performance of affordability requirements. The reserved retained proceeds shall constitute the city’s security for performance of the affordability requirements and shall be in the nature of a lien on the affordable unit(s). The lien shall be released by the payment to the city by the property owner of the reserved retained proceeds or by the termination of the period during which the affordable unit(s) is/are to remain affordable.

F. Right of planning agency to disapprove additional incentive or concession. In accordance with the provisions set forth in Government Code Section 65915, subsections (d) and (e), the city shall not be required to grant an incentive or concession that would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3.12.070. Rental or leasing of affordable owner-occupied units unlawful.

It shall be unlawful and an infraction, subject to punishment in compliance with section 1-7(b) and (c) (General penalty; continuing violations) of the Municipal Code, for the owner(s) of an owner-occupied affordable unit subject to the provisions of this section to rent, lease, sublease, sublet, subrent, hire-out, let, underlease, underrent, or otherwise let for consideration the unit. This restriction shall not prohibit owner-occupant(s) from having roommates as paying tenants of the unit, so long as the owner-occupant(s) reside(s) at the unit.

Subsection 3.17.020(B)
B. Accessory structures used for living purposes. An accessory structure used for living purposes shall meet the requirements of subsection 3.17.200 (Second Accessory dwelling units).

Subsection 3.17.200

3.17.200. Second Accessory dwelling units.

B. Effect of conforming. An ADU or JADU that conforms to the provisions of this subsection shall:
17 1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

2. Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located; and

3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Application and review procedures.

2. Nonconformities. The correction of nonconforming zoning conditions shall not be required for the creation of an ADU or JADU.

D. Locations permitted.

3. ADUs and JADUs shall not be permitted on any parcel that has obtained a permit for a two-unit development and urban lot split pursuant to Government Code Sections 65852.21 and 66411.7.

E. Number of ADUs and JADUs permitted.

1. Single-family lots. No more than one (1) ADU and one (1) JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.

2. Multi-family lots. A lot developed with a two-family or multi-family dwelling shall be permitted either:
18 a. No more than two (2) detached ADUs; or
b. Up to twenty-five (25) percent of the number of existing multi-family dwelling units within existing multi-family or two-family dwelling structures. The ADUs must be converted from portions of the existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For the purposes of calculating the number of allowable ADUs, the following shall apply:
i. Fractions shall be rounded down to the next lower whole number of dwelling units, except that at least one (1) ADU shall be allowed. ii. Previously approved ADUs shall not count towards the existing number of multi-family dwelling units.

1. Lot area. There shall be no minimum lot area required in order to establish an ADU or JADU.

2. Unit size.
a. ADUs.
i. No ADU shall exceed 1,200 square feet in size.
ii. An attached ADU that is created on a lot with an existing or proposed singlefamily dwelling is further limited to fifty (50) percent of the floor area of the existing or proposed primary dwelling.
iii. An ADU constructed solely through the conversion of an existing building or structure or in the same location and same dimensions as an existing structure shall be limited in size to the existing square footage of the building or structure converted or replaced, except that an expansion of not more than 150 square feet is permitted to accommodate ingress and egress to the ADU only.
iv. The application of requirements related to lot coverage, floor area ratio, or open space may further limit the size of an ADU; however, in no case shall the application of such requirements limit the size of an ADU to less than 800 square feet.
19 b. JADUs. No JADU shall exceed 500 square feet in size. c. Minimum size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.

5. Parking.
a. ADUs. A minimum of one (1) parking space shall be provided for each ADU unless they are not required pursuant to paragraph (5.b) below. The required parking space may be permitted in setback areas or through tandem parking on a driveway.
b. Exceptions. Off-street parking for the ADU is not required in the following instances:
i. The ADU is a studio;
ii. The ADU is located within one-half (1/2) mile walking distance of public transit, as that term is defined in Government Code Section 65852.2; or iii. When parking for the ADU is not required pursuant to Government Code Section 65852.2 (d).
c. JADUs. No parking shall be required for JADUs.
20 d. No Replacement. When a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or JADU, those off-street parking spaces are not required to be replaced.

7. Design. Exterior finished materials on the ADU or JADU shall match the exterior finished materials for the primary dwelling unit.

8. Fire sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required in the primary residence.

9. Exterior access. An attached or converted ADU or JADU on a single-family lot must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.

G. Other requirements.

1. No separate conveyance. Except as otherwise provided in Government Code Section 65852.26 or by other applicable laws, an ADU or JADU may be rented 21 separate from the primary residence(s), but may not be sold or otherwise conveyed separate from the primary residence(s). A lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

2. Short-term rental prohibited. Rental of an ADU or JADU for a term of thirty (30) days or less is prohibited.

4. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property in the county recorder’s office and a copy filed with the Community Development Department. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall include the following:
a. The ADU or JADU may not be sold separately from the primary dwelling(s). b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this subsection, including owner occupancy restrictions and the prohibition on short-term rental.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may not be modified or terminated without the prior written consent of the director.
e. The deed restriction is enforceable by the director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but 22 not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

This subsection provides standards for the establishment of second dwelling units.

A. State law. A second dwelling unit may be constructed on a parcel that is zoned for single-family housing in compliance with Government Code §§ 65852.1 and 65852.2, and shall not exceed the allowable density for the parcel upon which the second dwelling unit is located and shall be considered a residential use that is consistent with the existing general plan and zoning designation for the parcel.

B. Zoning clearance required. Second dwelling units shall require zoning clearance approval (subsection 4.19.020) to ensure compliance with the requirements of this Code. In addition, a CUP is required for any second dwelling unit approved pursuant to subsection (i), below.

C. Site requirements. A parcel proposed for a second dwelling unit shall comply with all the following requirements:

1. The second dwelling unit may be within, attached to, or detached from the primary dwelling unit. If detached, the second dwelling unit shall be separated from the primary dwelling unit a minimum of ten (10) feet and shall comply with all setback requirements for the primary structure and all applicable UBC requirements;

2. The second dwelling unit shall conform to the height, setback, parcel coverage, and all other development standards applicable to the construction of the primary unit in the zoning district in which the unit is proposed to be located;

3. A legal, conforming, primary dwelling unit shall exist on the parcel;

4. Building code violations existing in the primary dwelling unit shall be corrected to the satisfaction of the building official before the issuance of any building permit and a zoning clearance for the second dwelling unit.

D. Ownership and residency requirements.

1. The applicant shall be the owner of the primary unit and shall occupy either the primary unit or the second dwelling unit; and
23 2. The property owner shall record a covenant declaring that the owner of the primary residence shall occupy one of the units and prohibiting the rental of both units simultaneously. The covenant shall expressly state that it is binding on all future owners of the property. Should the property owner fail to comply with the terms of the covenant, in the city’s discretion, the city may require the property owner to:
a. Remove the second dwelling unit; or
b. Retrofit the second dwelling unit. For the purposes of this section, “retrofit” shall mean removal of certain facilities (i.e. kitchen or other cooking facilities) or other modifications specified by the director.

A copy of the recorded covenant shall be filed with the department prior to issuance of a certificate of occupancy for the second dwelling unit.

E. Independent sale prohibited. The second dwelling unit shall not be sold independently of the primary dwelling unit on the parcel, nor shall the original parcel or original section thereof be subdivided.

F. Utility connections. The second dwelling unit shall not be on separate meters for gas, electric, water service, or any other utility.

G. Parking. One additional parking space per bedroom in the second dwelling unit is required. If the second swelling unit is being approved pursuant to subsection I., below, the required parking must be enclosed.

H. Design standards for a second dwelling unit not more than six hundred forty (640) square feet. A second dwelling unit that is approved pursuant to this subsection shall:

1. Contain no less than two hundred twenty (220) gross square feet and no more than six hundred forty (640) gross square feet of living area;

2. Not contain more than one bedroom;

3. Be architecturally compatible with the primary unit on the same parcel or with the predominant architecture of the area; and

4. Have a primary entrance that is clearly subordinate to that of the primary dwelling.

I. Design standards for a second dwelling unit more than six hundred forty (640) square feet. A second dwelling unit that is approved pursuant to this subsection shall be:

1. Larger than six hundred forty (640) gross square feet of living area, but less than thirty (30) percent of the existing living area in the primary residence;

2. Architecturally compatible with the primary unit on the same parcel or with the predominant architecture of the area; and

3. The primary entrance to the second dwelling unit shall be clearly subordinate to that of the primary dwelling.

Subsection 4.19.100
24 4.19.100. Reasonable Accommodation.

E. Applicability.

3. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

F. Application Requirements.

1. Required submittals. In addition to the application filing requirements established in Section 18 (Applications, Processing, and Fees), the following information shall be provided by the applicant on a form supplied by the Community Development Department:
a. Documentation that the applicant is an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one or more individuals with a disability. Documentation may include a letter from a medical doctor or other licensed healthcare professional, a disabled license, or any other appropriate evidence;
b. The specific code section, regulation, policy or practice from which relief is sought and an explanation of why it is preventing, or will prevent, the use and enjoyment of the subject property by one or more individuals with a disability; 25 c. The specific exception or modification requested and an explanation of why it is necessary to provide one or more individuals with a disability equal access to housing;
d. Verification that the property is or will be the primary residence of the individual(s) for whom the reasonable accommodation is requested; and e. Any other information that the director reasonably concludes is necessary to make the findings required by this subsection, consistent with Fair Housing Laws.

3. Fee. No fee shall be required for a request for reasonable accommodation, but if the project requires another permit, then the prescribed fee shall be paid for all other permits.

G. Authority.

H. Proceedings.

1. Director’s action. For requests reviewed by the director, the director shall issue a written determination within 30 days of the date of receipt of a complete application.

3. The reviewing authority’s written decision shall set forth the findings in accordance with paragraph F (Findings), any conditions of approval, and notice of the right to appeal, if applicable.
26 4. Conditions of approval. The reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings required by this subsection.

5. Alternative reasonable accommodations. The reviewing authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the individual(s) with disabilities.

I. Findings. A request for reasonable accommodation shall be approved, with or without conditions, if the review authority first finds, based upon all the evidence presented, all of the following:

1. The housing which is the subject of the request for reasonable accommodation will be occupied by one or more individuals with disabilities protected under Fair Housing Laws;

2. The reasonable accommodation is necessary to make housing available to one or more individuals with a disability protected under the Fair Housing Laws;

3. The requested accommodation will not impose an undue financial or administrative burden on the City; and
27 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies, and/or procedures.

Subsection 4.18.040

4.18.040. Authority for land use and zoning decisions.

TABLE 4-1

SECTION 31. DEFINITIONS.

6.31.020. Definitions of specialized terms and phrases. 28 D. Definitions, “D.”
Density bonuses. A density bonus, as defined by Government Code § 65915 et seq., is an increased residential density of at least twenty-five (25) percent over the maximum authorized density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of affordable very low and/or low income dwelling units pursuant to Government Code Sections 65915-65918.

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Cypress 1400 Tenth Street, Room 121 5275 Orange Avenue
Sacramento, CA 95814 Cypress, CA 90630
X County Clerk-Recorder
Public Services Division Filing Fee Exempt per Govt. Code Section 6103 P.O. Box 238
Santa Ana, CA 92702
Project Title
Zoning Ordinance Amendment to Section 12 – Density Bonus; Subsection 3.17.200 – Second Dwelling Units; and Subsection 4.19.100 – Reasonable Accommodation.

Project Location - Specific
City-wide
Project Location - City
Cypress
Project Location - County
Orange
Description of Nature, Purpose, and Beneficiaries of Project A City-initiated amendment to the text of the Cypress Municipal Code, Appendix I – Zoning, to be consistent with related State housing laws as follows: (1) Repealing Section 12 (“Density Bonus”) and replacing it with a new Section 12 (“Density Bonus”) to comply with current State density bonus regulations (Government Code Sections 65915-65918); (2) Repealing Subsection 3.17.200 (“Second dwelling units”) and replacing it with a new Subsection 3.17.200 (“Accessory dwelling units”) to comply with Government Code Sections 65852.2 and 65852.22; and (3) Creating a new Subsection

4.19.100 (“Reasonable Accommodation”) to establish procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act. No new construction is proposed as part of this action.

Name of Public Agency Approving Project
City of Cypress
Name of Person or Agency Carrying Out Project (Applicant’s Name and Address) City of Cypress, Planning Division, 5275 Orange Avenue, Cypress, CA 90630 Exempt Status: (Check One)
Ministerial (Sec. 21080(b)(1);15268);
Declared Emergency (Sec. 21080(b)(3);15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number.

X General Rule (Sec. 15061 [b] [3])
Reasons why project is exempt:

It can be seen with certainty that there is no possibility that this ordinance amendment may cause a significant effect on the environment, since the amendment is general in nature, limited to establishing procedures and standards, and would not preclude the review and application of the CEQA Guidelines for specific future residential projects.

Lead Agency Contact Person
Alicia Velasco, Planning Director
Area Code
(714)
Telephone Number
229-6720
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes X No ________
_________________________________ __________________________ ______________ Date Received for Filing at OPR Signature Date
Planning Director_____
Title
Signed by Lead Agency
Signed by Applicant
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 2.

FROM: Alisha Farnell, City Clerk
DATE: 05/23/2022
SUBJECT: Receive and File Public Comments Submitted for the May 23, 2022 City Council Meeting

RECOMMENDATION
Receive and file submitted public comments.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.

FROM: Alisha Farnell, City Clerk
DATE: 05/23/2022
SUBJECT: Approve Minutes - Meeting of April 11, 2022

RECOMMENDATION
Approve as submitted.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
April 11, 2022 City Council Minutes

REGULAR MEETING

CYPRESS CITY COUNCIL
APRIL 11, 2022
6:30 P.M.

A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California.

Council Member Scott Minikus
Council Member Jon Peat

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell

ORAL COMMUNICATIONS
Helen Le, Cypress, spoke regarding the Valley Vista Services contact and bulky item pick-ups for multi-family properties.

The City Attorney interjected and stated the current time to speak is limited to the Closed Session item regarding a claim by Californians for Homeownership. He further stated there will be an opportunity to speak and provide comments during the general session of the City Council meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One case).

Claim by Californians for Homeownership
Mayor Morals recessed the meeting at 6:38 p.m.

RECONVENE
Mayor Morales reconvened the City Council meeting at 7:07 p.m.

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
PLEDGE OF ALLEGIANCE Council Member Peat led the Pledge of Allegiance.

INVOCATION Pastor Tom Schulte, Cottonwood Church, led the Invocation.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session and held a discussion on the item listed on the Closed Session agenda, namely Conference with Legal Counsel, one item of anticipated litigation under the heading significant exposure to litigation, a claim by Californians for Homeownership. He stated the City Council received a briefing and no further reportable action was taken.

PRESENTATION
Mayor Morales presented certificates of recognition to the Cypress School District Employees of the Year.

The Chief of Police introduced Officer Arana and Officer Kelley.

Mayor Morales presented a certificate of recognition to outgoing Commissioner Sherre Yurenko.

Mayor Morales presented a proclamation to West Cities Police Communications staff proclaiming April 10 -16 as “National Public Safety Telecommunicators Week”.

Mayor Morales shared information regarding City Commission recruitment.

ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
Harumi Lucak, Cypress, spoke regarding the California Voting Rights Act challenge and a California Public Records Act request.

Beth Culver, Cypress, spoke regarding a California Public Records Act request.

Ruth, Cypress, expressed support for the City Council and thanked them for keeping atlarge elections.

Derek Balsillie, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Katie Shapiro, Cypress, spoke regarding the California Voting Rights Act challenge and City Council action in Closed Session at the March 14, 2022 City Council meeting.

Cesar Jusay, Cypress, spoke regarding a homeless individual living in his neighborhood.

Lauren Lowry, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Jaime Needham, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Hailee Sapp, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Mike Hippler, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Cherie Hippler, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park North.

Sangeeta Swendson, Cypress, spoke regarding Agenda Item No. 7.

Council Member Minikus addressed comments regarding the proposed bathroom at Maple Grove Park North.

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.

Council Member Marquez requested to pull Agenda Items No. 5, 8, and 10.

It was moved by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to approve Consent Calendar Items No. 1 through 4, 6 through 7, and 9.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Following discussion of pulled Agenda Item No. 5, Council Member Marquez corrected her vote on the Consent Calendar and stated that she had intended to vote No on Agenda Item No. 7.

Item No. 1: Receive and File Public Comments Submitted for the April 11, 2022 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 February 28, 2022 and March 8, 2022 Recommendation: Approve as submitted.

Item No. 4: Approve Filling a Vacancy on the Senior Citizens Commission through the 2022 Commissioner Recruitment
Recommendation: Approve filling a vacancy on the Senior Citizens Commission through the 2022 Commissioner recruitment.

Item No. 6: Approve a Task Order for a Sewer System Management Plan Audit Recommendation: Approve a Task Order to AKM Consulting Engineers for $33,070 for engineering services to audit the Sewer System Management Plan and authorize a $4,900 contingency.

Item No. 7: Award an On-Call Contract and approve a Task Order for Landscape Inspection Services
Recommendation:

1. Award a contract service agreement for on-call landscape inspection services to Richard Fisher Associates; and

2. Approve a task order not to exceed $100,800 to Richard Fisher Associates to provide landscape inspection services for ongoing maintenance of established landscape and trees in the City's medians, parkways and park facilities; and

3. Approve a $25,200 budget appropriation transfer from personnel costs to contract landscape services in FY 2021-22 in the General Fund ($22,700) and City Central Services Fund ($2,500).

Item No. 9: Proclaim the Week of April 10-16 as National Public Safety Telecommunicators Week
Recommendation: Proclaim the week of April 10-16, 2022 as National Public Safety Telecommunicators Week.

END OF CONSENT CALENDAR
Regarding Item No. 5: Approve Plans and Specifications and Award a Contract for Tree Planting, Project 304
Council Member Marquez stated she will be voting No on this item due to the concerns of contracts and timing.

Mayor Pro Tem Hertz-Mallari asked Council Member Marquez if her vote was based on the comments from the public during Oral Communication.

Council Member Marquez responded in the affirmative.

Mayor Pro Tem Hertz-Mallari explained that the comments were made regarding Agenda Item No. 7 not Agenda Item No. 5.

Mayor Morales requested clarification from the City Attorney as the item Council Member Marquez had intended to pull was already approved.

The City Attorney provided direction and stated Council Member Marquez can correct her vote on Agenda Item No. 7.

It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve plans and specifications for Tree Planting, Project 304; and award a contract to West Coast Arborist, Inc. of Anaheim, CA for $80,325, and authorize a contingency of $8,000.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Regarding Item No. 8: Receive the Annual Solid Waste Franchise Consumer Price Index Rate Adjustment
Council Member Marquez provided a statement on this item.

City Council discussion ensued.

It was moved by Council Member Peat, and seconded by Council Member 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: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Regarding Item No. 10: Approve Register of Warrants, Transfers, and Wires Issued for the Period of March 12, 2022 through March 25, 2022 Council Member Marquez commented on this item.

It was moved by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari, to approve the attached payment register summarized below for the period of March 12, 2022 through March 23, 2022: Electronic Funds Transfers 10701 through 10846, Warrants 59011 through 59128, Payroll Transfers W1471.

Motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None

NEW BUSINESS
Item No. 11: Receive a Presentation on the Cypress Citizens Academy The City Manager provided a report on this item.

City Council discussion ensued.

No action was taken on this item.

ITEMS FROM CITY COUNCIL MEMBERS
Item No 12: Discuss Placing an Item on a Future Agenda to Take a Closer Look at the Termination Clauses in the Valley Vista Contract
The City Attorney made introductory comments on this item.

Council Member Marquez provided a statement on this item.

City Council discussion ensued.

Council Member Marquez provided a copy of an article titled, “Industry gives Evergreen Contract to Trash Hauler named in Corruption Lawsuit” published on July 29, 2021 in the Pasadena Star News and requested it be included in the record of this meeting.

City Council discussion continued.

Mayor Morales suggested Council Member Marquez meet in person with the City Manager and the City Attorney to further clarify and develop the item she wishes to bring forward at a future date. Council Member Marquez agreed.

No action was taken on this item.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Carolyn Balagot, Cypress, spoke regarding prior public comments, proposed bathroom at Maple Grove Park North, and city communication and transparency.

Glenn Button, Cypress, spoke about the City achievements and a California Public Records Act request.

Brittney Cook, Cypress, spoke regarding presentations, Agenda Item No. 11, proposed bathroom at Maple Grove Park North, and action taken in Closed Session at the March 14, 2022 City Council meeting.

David Burke, Cypress, spoke regarding Agenda Item No. 11, action taken in Closed Session at the March 14, 2022 City Council meeting, transparency and escalation of hostility.

Clare Chu, Cypress, spoke regarding a California Public Records Act request and solid waste franchise.

Edwin Kraemer, Cypress, spoke in support of Council Member Marquez and regarding the solid waste franchise and organics recycling programs.

Carrie Hayashida, Cypress, spoke regarding the solid waste franchise and rate increase.

Glenn Morikawa, Cypress, spoke regarding the solid waste franchise.

Shelley Henderson, Cypress, spoke regarding Golden State Water response to water main break; Cypress Police Foundation event; Cypress Chamber of Commerce Networking Breakfast.

COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:

Congratulated the honorees who were recognized today and expressed appreciation for dispatchers.

Council Member Peat:

Responded to an essay published in the Event-News Enterprise by Council Member Marquez.

Council Member Marquez:

Spoke regarding being treated unfairly by her colleagues. Further spoke regarding a California Public Records Act request for her emails.

Mayor Pro Tem Hertz-Mallari:

Attended the Anaheim Union High School District ad hoc subcommittee meeting and provided an update on topics discussed. Attended a retirement party for Orange County Fire Authority (OCFA) Division Chief Mike Petro. Attended an OCFA Security and Safety subcommittee meeting. Spoke regarding communication between residents and City Council.

Mayor Morales:

Council Member Marquez requested to provide a report about her recent activities.

Mayor Morales stated Council Member Marquez had already utilized her time to provide a report.

Mayor Morales spoke about communication with the community. Congratulated the Cypress School District Employees of the Year. Expressed appreciation for dispatchers and thanked them for their work. Attended a community forum hosted by Assemblywoman Sharon Quirk-Silva. Attended the Anaheim YMCA gala event.

CITY MANAGER REMARKS
Addressed concerns regarding a tree at Arnold Cypress Park and reminded residents to use the Cypress Central app to report concerns. Announced the Spring Egg Hunt at Oak Knoll Park will take place on Saturday, April 16. Announced Cypress School District Every Student Succeeds Breakfast will take place on April 19.

ADJOURNMENT
By motion of Council Member Peat, and seconded by Council Member Minikus, and unanimously carried 5-0, to adjourn at 10:02 p.m. The next Regular Council Meeting will be held on Monday, April 25, 2022, beginning at 5:30 p.m. in the Executive Board Room. _______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.

FROM: Mark Lauderback, Chief of Police
DATE: 05/23/2022
SUBJECT: Second Reading and Adoption of an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters

RECOMMENDATION
Approve the second reading and adopt an Ordinance, by title only and waive further reading, establishing regulations prohibiting the unlawful possession of catalytic converters.

DISCUSSION
On May 9, the City Council approved the first reading of an ordinance establishing regulations prohibiting the unlawful possession of catalytic converters.

It is recommended the City Council approve the second reading and adopt the attached ordinance. The ordinance will become effective on June 23, 2022.

BUDGET IMPACT
None.

LEGAL REVIEW
The City Attorney has reviewed and approved the Ordinance.

APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF CYPRESS, CALIFORNIA, ADDING SECTION 17-75 OF THE CYPRESS MUNICIPAL

CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL

POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the citizens of Cypress have been plagued with hundreds of catalytic converter thefts from automobiles over the past several years; and WHEREAS, catalytic converter thefts increased 175% from 2020 to 2021, bringing the total to over 238 since the beginning of 2020; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Cypress to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Cypress to define and punish the recycling or sale of unlawfully obtained catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Cypress requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim is present; and WHEREAS, finding a victim of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts and catalytic converters being untraceable to link back to a victim (no identifying markers on the catalytic converters); and
WHEREAS, due to lack of legislation defining and prosecuting these thefts, 97% of all catalytic converter theft cases in the City of Cypress have gone unsolved; and WHEREAS, the citizens of Cypress and the Cypress Police Department are in need of legislation for multiple reasons including, but not limited to: (1) deterrence by establishing zero-tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converter thefts whose cases will go unsolved, and (5) reducing Part I crime statistics which catalytic converter thefts have negatively impacted.

WHEREAS, this Ordinance is necessary to provide the City of Cypress Police Department clearly established legal authority to protect the public and deter this criminal activity.

NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY ORDAIN as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. Section 17-75 of the Cypress Municipal Code is hereby added to read in its entirety as follows:
“Sec. 17-75. Unlawful Possession of a Catalytic Converter.

A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.

B. For purposes of this section, “lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.” C. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types:
bill of sale from the original owner with photographs, documentation from an autobody shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic converter originated, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of “ documentation or other proof” is based on the totality of the circumstances.

D. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Cypress Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

E. Each and every violation of this section may, in the discretion of the District Attorney or City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $500 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment.

F. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQAGuidelines.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.

FIRST READING at a regular meeting of the City Council of the City of Cypress held on the _______ day of ________, 2022 and finally adopted and ordered posted at a regular meeting held on the ______ day of _____, 2022.
___________________________
Paulo Morales, Mayor
ATTEST:
__________________________
Alisha Farnell, City Clerk

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, Alisha Farnell, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing was duly adopted at a regularly scheduled meeting of said City Council held on the ____ day of ______________, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________
Alisha Farnell, City Clerk
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.

FROM: Alisha Farnell, City Clerk
DATE: 05/23/2022
SUBJECT: Appoint City Commissioners

RECOMMENDATION
Appoint Commissioners to the Recreation and Community Services, Senior Citizens, and Traffic Commissions.

DISCUSSION
At its February 28 meeting, the City Council revised its Boards, Commissions and Committees Policy Manual which prescribes the recruitment process to fill vacancies on the Recreation and Community Services, Senior Citizens, and Traffic Commissions. Additionally, the City Council also approved filling two unscheduled vacancies through the annual Commission recruitment process at its April 11 and April 25 regular meetings. Five full-term Commission seats and two partial-term Commission seats are available for appointment.

The City Council held special meetings on May 11 and May 12 to interview 17 Commission applicants and reached consensus on the following appointments:

Appointments Effective Immediately Upon Approval (partial-term vacancies) Senior Citizens Commission: David Skorupinski - Two-year term ending June 30, 2024 Traffic Commission: Christina Sar - One-year term ending June 20, 2023 Appointments Effective July 1, 2022 (full-term vacancies) Recreation and Community Services Commission
Christen Jackson - Four-year term ending June 30, 2026
Jeff Dronkers - Four-year term ending June 30, 2026
Senior Citizens Commission
Hank Machal - Four-year term ending June 30, 2026
Glenn Button - Four-year term ending June 30, 2026
Traffic Commission
Traffic Commission
Catherine Youngerman - Four-year term ending June 30, 2026 Alternates
The City Council identified Brittney Cook, Jon DeCesare, Rahul Shirale, Annika Miyashiro-Ruiz, Will Grohmann and Sukrit Mukherjee as alternates for consideration in the event a vacancy occurs prior to the next annual recruitment.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Commission Appointments

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Approve Plans and Specifications and Award Contracts for Concrete Rehabilitation, Project 293

RECOMMENDATION

1. Approve Plans and Specifications for Concrete Rehabilitation, Project 293; and

2. Award a contract to CJ Concrete Construction Inc., Santa Fe Springs, CA, for $286,080, and authorize a contingency of $40,000; and

3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for $26,168 and authorize a contingency of $4,000.

DISCUSSION
This project will replace approximately 14,000 square feet of concrete sidewalks, 1,900 square feet of driveway approaches, 600 linear feet of curb and gutter, and remove 40 trees at various locations. This includes sidewalks that have been uplifted by trees, driveway approaches that are severely cracked, and curb and gutter that ponds water. This project helps maintain the City’s compliance with the American Disability Act by correcting steep slopes in the pedestrian path of travel.

On April 28, 2022, the City received five bid proposals for the project with CJ Concrete Construction Inc. as the low bidder. TRC, the City’s on-call construction manager, will inspect the project. A summary of project award information is attached.

BUDGET IMPACT
The estimated construction and construction management costs are $356,248 and sufficient amounts are included in the Capital Projects Fund for this project.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Award Information and Bid Proposals
Task Order
Contract Agreement
Project Award Information Checklist
Description of Project:

The project scope includes removing and replacing damaged concrete located at various streets throughout the City.

Contract Working Days: Thirty (30) working days
The Orange County Register
Publication Date:

April 14, 2022
Notice Inviting Bids Sent to: The Orange County Register, F.W. Dodge, Reed Construction Data, Construction Bid Board, Southern
California Builders Association, Association General
Contractors of America
Bid Opening Date: April 28, 2022
No. of Bid Packets Distributed: Fourteen (14)
Bidders Base Bid Amount

1. CJ Concrete Construction, Inc., Santa Fe Springs, CA $ 286,080

2. Gentry General Engineering Inc., Rancho Cucamonga, CA $ 305,361

3. FS Contractors, Inc., Sylmar, CA $ 306,242

4. Kalban, Inc., Santa Clarita, CA $ 329,625

5. CT&T Concrete Paving Inc., Diamond Bar, CA $ 407,080 Apparent Low Bidder: CJ Concrete Construction, Inc., Santa Fe, CA - $286,080 Qualified to Perform Work: Yes. Staff confirmed bid was responsive.

Contractor’s License: Registration with DIR:

Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: Yes
Experience:

The apparent low bidder has performed this type of work for multiple government agencies in Southern California.

Construction
Management/Inspection Firm:

TRC (Vali Cooper & Associates)
On-Call Contract Date: June 12, 2017
Amount of Task Order: $ 26,168
No.

1. 2.

3. 4.

5. Concrete Rehabilitation
Project293

PROPOSAL BID SHEET

SCHEDULE OF WORK ITEMS

CONCRETE REHABILITATION
PROJECT 293
Proposal Bid Sheet
Date: Thursday, April 28, 2022, at 11:00 A.M.

Contractor Name: CJ �n C(t,-\-(.. tons\-rvcfcn 1 (rC ·
. 0\ I j, ::I- Jl m t":IY.. ,IND . r .... -1....-f"' r•f(i (la s t ,1- 9 0117 0 Contractor Address: \ ., v 5 oe ':::"C::r :t.µ."\.. �(IJ'll...... "-- ;) • 'J

THE CITY COUNCIL

CITY OF CYPRESS
CALIFORNIA 90630
Honorable Councilmembers:

The undersigned principal, after having carefully examined the plans, Specifications and General Provisions for the City of Cypress Concrete Rehabilitation Project 293, hereby proposes and agrees to furnish all labor, materials, equipment, plant, transportation, services, sales taxes and other costs necessary to complete the entire project in strict conformity with the specifications. general and special provisions, and all addenda therefore as prepared by the Department of Public Works of the City of Cypress and to complete all work within the contract time specified in this PROPOSAL, for the following bid:

BASE BID
Quantity Unit Items of Work Unit Total (Please Print Unit Prices Written in Words) Price Mobilization (Section 9-3.4 and Special Provisions
1 LS Section 9) $ «;1000·� 0 $
{Not to exceed 5% of total bid amount excepting Item 1) PER LS S-,ooo•cc Traffic Control (Section 600)
1 LS $ �.ooo•oo $ �,ooo·-
PER LS
Remove and Replace PCC Sidewalk (Section 201-1,
14,080 SF
303 and Special Provisions Section 9)
$ I I .:ro $ tl.ol ,,rio� �
PER SF
Remove and Replace PCC Curb and Gutter
{Section 303 and Special Provisions Section 9)
$ 7 0•CiO $ '-¼O,'-&trr.,i 584 LF
PERLF
Remove and Replace PCC Driveway Approach (Section
1,880 SF 303 and Special Provisions Section 9) $ Iv·" 0 $ -io,010- PER SF
City of Cypress
Public Works Department

6. 7.

8. No.

1. 2.

3. 4.

Concrete Rehabilitation
Project 293
15 EA
16 EA
9 EA
Remove Tree - 4" - 8" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree - 9" - 13" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree -14"+ DBH (Section 300.1 and Special
Provisions Section 9)
PER EA
Proposal Bid Sheet
$ le lPO -co
$ l 1 110 ·'-"'
$ � vZ(l
�
$ G\ ,'too·�
$ ,i,11-0•00
$ 1'+, s-ro·�
TOTAL BASE BID PRICE (Additive bids will be added to the Total Base Bid Price in their numerical order of Total Additive Bid Price #1, Total Additive Bid Price #2, Total Additive Bid Price #3 and Total Additive Bid Price #4; consistent with Section 20103.8c of the Public Contract Code, which specifically states, "The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened.• A funding amount will be publicly disclosed by the City of Cypress and will be hand written on a white board in the bid opening room located at the Civic Center building before the first bid is opened. One bid number will be read for each Contractor which includes the base bid plus the most additive bid items that are equal to or under the funding amount.

TOTAL AMOUNT OF BID IN FIGURES: $_.;;.·'J_i_llJ.....,,,_.D ..... i ..... 0_·00 ________ _ TOTAL AMOUNT OF BID IN WORDS: 1WQ hvrot't'g -el3htj () 2( --lhCA.U'�� el1ntj dt1l��d 2,,-tf0 CL�
Quantity Unit
1 LS
1 LS
1,620 SF
216 LF
City of Cypress
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #1
District 26
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
PER SF
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
PERLF
Public Works Department
Unit
Price
$5,wo•t:0
$ S,C£J<i0
"
$ \""·DD
$ 10·...o
Dalfar� -,
7 Total
$ 5,{XlC) ,CIQ
$ s1c,xi""
$1,'2.µW.q
$ n,i-go•'-6

6. 7.

No.

1. 2.

3. 6.

7. 8.

Concrete Rehabilitation
Project 293
4 EA
8 EA
Remove Tree-4" - 8" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree - 9" -13" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Proposal Bid Sheet
$ \J {, o•c;O $ -z.' l.P'i o·� o
$ \, 110·"' $ G\, gwr&;.d
• ,.,, /'Ji, Ao· 0u
TOTAL ADDITIVE BID PRICE #1: $._--='-":.......!'---v1_v---=----------------- TOTAL ADDITIVE BID PRICE #1 IN WORDS: __ S_l....;.'t_t/........__dJ_<-__ � ___ Ct_Vl_cf ___ _ (\W\-l nu,clrcd .s,�t1 e,1ot\avs 01nol -i,:t t' Ci cirttS DPH!(s � $ > (Please Print Total Amount of Bid in WORDS)
Quantity Unit
1 LS
1 LS
3,294 SF
5 EA
6 EA
9 EA
City of Cypress
ADDITIVE BID #2
Districts 27
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
PER SF
Remove Tree - 4" - 8" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree -9" -13" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree-14"+ DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Public Works Department
Unit Total Price
$ s .000·'0 $ �,occ.re.o
$ �,ooc>''6 $ s, clJCJ ••O
$ l I .s- 0 $31, '8'8 I '�0
$ WCPO .,o $ 1,,300•"1>
$ \,,10 "'
" $ 1,aiod,
$
.£() l,vUJ $ i"i,,_!i-10'"'"
No.

1. 2.

3. 4.

6. 7.

8. Concrete Rehabilitation
Project 293
Proposal Bid Sheet
---J ril1 o 1 · •o
TOTAL ADDITIVE BID PRICE #2: $. __ _J_.....__d'i➔ ___ o ________________ _ TOTAL ADDmvE BID PR1cE #21N woRDs: s-cvtt"i+t +(J)o t-huvs�n,I �--even \\lflclfcd c11ht1 on� dc-1\or..s c-1nc.l -z-.-ero u�. t)ollarS""":l'� V (Please Print Total Amount of Bid in WORDS) Quantity Unit
1 LS
1 LS
1,737 SF
300 LF
7 EA
4 EA
3 EA
ADDITIVE BID #3
District 28
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting item 1) PER LS Traffic Control (Section 600)
PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
PER SF
Remove and Replace PCC Curb and Gutter
{Section 303 and Special Provisions Section 9)
PER LF
Remove Tree - 4" - 8" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree- 9" • 13"+ DBH (Section 300.1 and
Special Provisions Section 9)
PEREA
Remove Tree - 14"+ DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Unit
Price
$ s,000·�0
$ c.,()oo· "'
0 $ 1'-1 ·00
$ 70•00
$ .eu uuO
$ ,, r10·00
$ l,U>'l 0.60
Total
$ 'G.{X)O
$ s-,000·•0
$ ·z Y1 � 1g·"'
$ "),, 1 1000·�
$ '4--,�1,0�
$ ,., 1l/ 'gO ·CO
$ Lf ,�ua"°
Q {,)() TOTAL ADDITIVE BID PRICE #3: $. ____ �=--C\...,_t.-l--_1_o_· _____________ _ TOTAL ADO1T1ve a1D PRICE #3 IN woRDs: -'l ,>(t( n\n<.. 1hoUS"nd fo;r h"'10Yt o\ �Vl ntt 'Cl� }'tr t;\c\ \C\t-:S t'lnol uro vvtt:5 :..sonar! 1-s (Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
No.

1. 2.

3. Concrete Rehabilitation
Proiect 293
Quantity Unit
1 LS
1 ADDITIVE BID #4
District 33
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
Proposal Bid Sheet
Unit Total Price
$ \ .ooo·c-o $ �,ooo 40
LS $ s-,oocr C-O $ $'1 ObO ·OO PER LS
Remove and Replace PCC Sidewalk
877 SF (201-1, 303 and Special Provisions Section 9) $ i-1: 00 $ 1 Ci,"2-t.i..,.. '° PER SF
TOTAL ADDITIVE BID PRICE #4: $. __ l,_q_,_"J.._Cf_'t'_"_() ____________ _ TOTAL AooIT1vE BID PRICE #4 IN woRos: I� l"\\\'\{. ::t:hg)J ,w1c:,/ \l\lX)c,\fc.c.t ff rtt11 f:c"t' do\l(AV! t-1t1ol l,.-trO c:..wt.:r (Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
�s
Concrete Rehabilitation
Project 293
I Total BASE BID PRICE:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 and #2:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through #3:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total ADDITIVE BID PRICE #4:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through 4:
$
$
$
$
$
$
s
$
$
$
$
$
$
$
$
$
s
Proposal Bid Sheet
·2--?>'-D .o'8 o· •o
\.P t. t:1u o·' 0
3'-½ i I c,-t O "
0 :2iu .o�o·""
r ol, 't\JO' co
,�.71s00

1.-\')q i�,.c-0
z .. :�\p, olSo·'°
vl ctuo·�0
-, t.., •o ,. o�
uct. '-11'! •C,,0
t-\ t\'1 I ,utet' 110
Z.'b\o. (i�o-�0
\e>\, 'iuO ·"
0 ·, � • 1')l , • CIC/
V'1,41'tJ�
l-'t 'Z '1 y -�o
>" \Cf, �t\'b -�0
The Total Amount of Base Bid and Additive Bids stated above shall include all work and cost for work as specified on the project plans and delineated in the project specifications and all other incidental and appurtenant work that is necessary to complete the specific items of work including Bidder's overhead and mark-up, purchase of materials, taxes, transportation, permit fees, and all other costs made necessary by the Contract Documents to provide the City of Cypress with a complete operational facility meeting the approval of the City of Cypress and other agencies having jurisdiction over the project.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293
Proposal Bid Sheet
WEEKEND WORK: Any work adjacent to schools shall be performed during the weekend in coordination with the City Engineer.

CONTRACT TIME: It is understood and agreed that the time limit for the completion of the above work shall be within THIRTY (30) working days of the commencement date given on the Notice to Proceed, and that required overtime and other costs are a part of the bid as noted above.

BID ADDENDA: Bidders who purchase plans and specifications at the City shall be placed on a bidders list, and shall receive any issued Bid Addenda. Bidders, who obtain plans and specifications from plan rooms or other sources, are responsible to contact the Public Works Department at 714-229-67 40, in order to be placed on the Bidders List and receive any issued Addenda. Bidders shall submit a signed copy of all issued Bid Addenda with their bid. Failure to do so, may subject their bid to rejection.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293

PROPOSAL
CITY OF CYPRESS PROJECT 293
The undersigned bidder affirms that he/she:

Proposal
a. Has noted and is fully informed as to the conditions outlined in the liquidated damages provisions of the Specifications.
b. Has satisfied himself/herself by personal examination of the location of the proposed work and such other means that he/she may prefer, as to the actual conditions and requirements of the work, and he/she shall not dispute, complain, or assert at any time after submission of the bid that there was any misunderstanding in regard to the nature and/or amount of work to be done.
c. Is aware that all proposals must be in the office to the City Clerk no later than:

Thursday, April 28, 2022, at 11:00 A.M.
d. Is aware that the City of Cypress reserves the right to reject any and all proposals. e. Has submitted with this proposal a certificate showing proof of participation as a signatory to a recognized apprenticeship and/or training program, if required. f. Has attached to this Proposal Cash, or a Cashier's Check or Certified Check in favor of the City of Cypress, in an amount equal to at least ten percent (10%) of the total bid, or a Bid Bond for said amount in the form furnished by the City, with the understanding that said security shall be held by the City until the Agreement for doing the work has been entered into that said security shall be forfeited to the City as liquidated damages should the undersigned fail to enter into a contract and furnish the required bonds and insurance within the time specified in the Contract Documents, if awarded the Contract; and the undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.

Please indicate whether proprietorship, corporation or partnership and any use of fictitious business name: �orporation □ Partnership □ Proprietorship
DATED: L-tta] l?Jo
FIRM NAME: CJ (Cf\C( t-te (cilf fru cnon , J(\ C ·
FIRM ADDRESS: 10\� � hoem�tcr /{Vl, .s-anta fe �:p,�" vt 'iOlF7� TELEPHONE: 5\Jd· 111 · i?J?JaSIGNATURE: �¾: Bidder
City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293
Proposal
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

If a partnership, name and signature of at least one General Partner.

If a corporation, names and signatures of President or Vice President, and the Secretary or Assistant Secretary.

NAME AND SIGNATURE:

John c.. s�rno - �res,ci--ent
Printed Name and Title Signal�+:

NAME AND SIGNATURE:

J'Ohl'\ C · S O\Yl10 - S-! C'{CfO''f'(
Printed Name and Title
NAME AND SIGNATURE:

Signatu:t=+
Printed Name and Title Signature
Contractor's License No.: 7 ).00\ '1 q /t
Expiration Date: 4- · 0 O· :lJ.1
City of Cypress
Public Works Department
No.

1. Concrete Rehabilitation
Project293

PROPOSAL BID SHEET

SCHEDULE OF WORK ITEMS

CONCRETE REHABILITATION
PROJECT293
Proposal Bid Sheet
Date: Thursday, April 28, 2022, at 11:00 A.M.

Contractor Name: Gentry General Engineering Inc.

Contractor Address: 9277 Archibald Avenue, Rancho Cucamonga, CA 91730

THE CITY COUNCIL

CITY OF CYPRESS
CALIFORNIA 90630
Honorable Councilmembers:

The undersigned principal, after having carefully examined the plans, Specifications and General Provisions for the City of Cypress Concrete Rehabilitation Project 293, hereby proposes and agrees to furnish all labor, materials, equipment, plant, transportation, services, sales taxes and other costs necessary to complete the entire project in strict conformity with the specifications, general and special provisions, and all addenda therefore as prepared by the Department of Public Works of the City of Cypress and to complete all worf< within the contract time specified in this PROPOSAL, for the following bid:

Quantity Unit
1 LS

BASE BID
Items of Work
(Please Print Unit Prices Written in Words}
Mobilization (Section 9-3.4 and Special Provisions
Section 9} eleven thousand five hundred
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Unit
Price Total
$11,500.00 $11,500.00
"••••••••••••••••• •••••••••• .... •••••-••00,00000•••-•••• ••-••••••-• .. •--•-••-• •-••••--••••••-•••-•••• .. ••••••-••••• .. •••-•••-••uo,.,_,,,_♦UO-••••""• .. -••-•••• .. oo•-•-• .. ••••••-••-•Uh-••••••••• .. --•••-• •-••••-• .. •••••••••••-•••••• .. -•••-•• -• .. •--•-•--•••-•••••• .. •-••• Traffic Control (Section 600}
2· 1 LS
.... .fi.ve..th®sandfi.v.e..huru:lred. ...... -..•.... _ ............ -..... ................ _ ........ .... $5,500.00 $ 5,500.00

3. 4.

5. 14,080
584
1,880
City of Cypress
SF
PER LS
Remove and Replace PCC Sidewalk (Section 201-1,
303 and Special Provisions Section 9}
...... Jen. ......................................................................................................................................................... .

PER SF
$10.00
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
LF ·-······················-······ ................ _ ......................... -......................................... .. -........................ $ 84. 00 . .......
eig
hty-four ........................................................................................... -...................... .

PERLF
Remove and Replace PCC Driveway Approach (Section
SF ... �� .. �.�� ... �P..��.1
.. ��.��!.?.�.�.��.n. .. �>.··························-········ ·-········ $ 33.00
thirty-three PER SF
Public Works Department
$ 140,800.00
$49,056.00
$ 62,040.00

6. Concrete Rehabilitation
Proiect 293
Proposal Bid Sheet
15 Remove Tree - 4" - a• DBH (Section 300.1 and Special ······· .. ················ ....................................................................... -......................................................................... .

EA Provisions Section 9) $ 371.00 $ 5,565.00
................... ........................................ .................... ........ .......... three.hundred
..
seventy-one
.........................................................

P
E
R
.. EA .. ............................................. .......... .. •-····· .................... ..

7. 16
Remove Tree - 9" - 13" DBH (Section 300.1 and Special
EA
... _f=>.i:>�i
�!.?,��.��!�� .. �>. ..... .................... -......... ............................ _ .... _ ........ -....... ........ $ 75

0.00 $ 12,000.00
................... ........................................ ...................................... J��Y.�.r:1 .. h.!:1r.i.C$..�q.f� .............................................................................. ��.� .. � ... ......................................................................................... .

8. No.

1. Remove Tree - 14"+ DBH (Section 300.1 and Special
9 EA Provisions Section 9) $ $2,100.00 $ 18,900.00
two thousand one hundred PEREA
TOTAL BASE BID PRICE (Additive bids will be added to the Total Base Bid Price in their numerical order of Total Additive Bid Price #1, Total Additive Bid Price #2, Total Additive Bid Price #3 and Total Additive Bid Price #4; consistent with Section 201 03.Sc of the Public Contract Code, which specifically states, "The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items In the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened.• A funding amount will be publicly disclosed by the City of Cypress and will be hand written on a white board In the bid opening room located at the Civic Center building before the first bid is opened. One bid number will be read for each Contractor which includes the base bid plus the most additive bid Items that are equal to or under the funding amount.

TOTAL AMOUNT OF BID IN FIGURES: $_,3 .... 0,_5...,.3-.6 .... 1 .00..... ,._ ________ _ TOTAL AMOUNT OF BID IN WORDS: three hundred five thousand three hundred sixty-one Quantity
1 Unit
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #1
District 26
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Unit
Price
LS
...

Section 9) ..... one.
thousand.three.hundred................................................................. $ 1
,
300.00
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Dollars
Total
$ 1,300.00
................... ........................................ ............................. ......... , ................. , ............................................................................... _,,, ___ , ......... _, ___ �··· .. ·····-·····-·········--···· ···-····--····-······-·-···-·-··"'" ···--·-······ .. ·······---····-···

2. Traffic Control (Section 600)
LS
.......
three.
thousand..two. hundred_ ........ -................. -.. -......... --.......... -··· $ 3,
200.
00 PER LS
$ 3,200.00
................... ··••··············•·· ................... .......................................................................................................................................................................... , .............................. ............................................. ............................................ .

3. 1,620 SF
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
eleven PER SF
$11.00 $ 17,820.00
........ -.. --. ·-······-·····-······-·· .. -··· ....... -.. ·-··----·--··· ... , ... _ .. -... -... ·-·-· .. --.. ,-............ -·•··--·-·-· .. ·-···-···--· .. -· .. ---.-· ... -.. ·--... -.. ··-·-···-····-···-·· _ ......... -···-···•·"--•·····-···· ........ ~··-·-·· .. -·-· .. ··-·····-

4. 216
City of Cypress
Remove and Replace PCC Curb and Gutter
LF
... ��.�o� .. �� .. ��i
·�·'···��.��.��.�.�-�L .............. -........ _.
$ 84.oo
eighty-four PER LF
Public Works Department
$ 18,144.00

6. Concrete Rehabilitation
Project 293
4 EA
Remove Tree- 4" -a· DBH (Section 300.1 and Special
Provisions Section 9)
Proposal Bid Sheet
$ 370.00 $ 1,480.00
············-········-····· ··-·-······· -·········· ·-····· ..... �r.49..� .. �u,��-�".�r.t!Y ........ -···································-························ ·�=�··� ... ·············· ........ .

7. No.
8 EA
Remove Tree -9" -13" DBH (Section 300.1 and Special
Provisions Section 9)
seven hundred fifty PEREA
$ 750.00 $ 6000.00
TOTAL ADDITIVE BID PRJCE #1: $_:4:u:Z ... 944a:::c:r. ... a .... o _________________ _ TOTAL ADDITIVE BID PRICE #1 IN WORDS: forty-seven thousand nine hundred forty-four Quantity Unit
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #2
Districts 27
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3. 4 and Special Provisions
Unit
Price
Dollars
Total

1. 1 LS Section 9) one thousand three hundred $1,30 0.00 $ 1,300.00 ............................................................................................................................................................... , ........... . (Not to exceed 5% of total bid amount excepting Item 1) PER LS •••--•••-••• •••-•••-n•-n••-••-OHNHn u•-•••n•-••---•u •-•--•----••-••••-•u••-•••-••---•••-••---••-n•-•--•-••---•H•u-,u--•• .. •••----••--••-•-•-•-----H .. u-•••--••u••• - •••••••u••-•-.,•-•-u••-•-••u "•-• .. -•-••u-••n-•••••---••••-•• Traffic Control {Section 600)
·····••· .. ······ .. ·····• .. ,· .. ············ .. ,, ..................................................... , ....................................................................... . 2- 1 LS
.... three thousand two hundr�d .. _ ................. -........ _ ·-·· ·· .. ···· · ..... ....... ...... $3,200.00 $ 3,200.00 PER LS
................... ..................................................................... ............................................................................................................................................................................ ............................................. .................................. ·-·····" Remove and Replace PCC Sidewalk (201-1, 303 and

3. 3,294 SF
... s
pecial.Prov
i
s
i
ons.sec
t
ion
__
9)
···· · ....... -..... ........... .... ................. .. ............ -.. .. $11.00 $36,234.00
-.......... _ ............... _ ......... ·-···· .. ······-· ........... _ ...... eleven .................................................................................................................. �.�� .. �� .... ............................................. ............................................ .

Remove Tree -4" - a• DBH (Section 300.1 and Special
.................................... ·-·---······ .. ·--·'"····· ............................ _ ................ _ ................ _. __ .......... _ ............ _ ... .

6. 5 EA Provisions Section 9) $ $
........................................................................................................................................................................... 370.00 1,850.00 ........................... -....................... _ ............... -... .. _.thr�.t.i.!J.rJ.9.�.Jl!lY.�IJ.t}'. ..... _ ............. -........... _ ................... _ .. :..��.�.. . ................. -.......... _ ...... ·-......... -.. -......... _ ..

7. 6
Remove Tree -9" - 13" DBH (Section 300.1 and Special
EA Provisions Section 9) $750.00 $ 4 50 0.00
····-······-···-··· ......... _ .............. __ ............... _ ......... _._ ................... _._ .......... _ .. _ ................ _ .... -............ _. . ................... .......... ............................ ............................. ............... �t'.:.".�� .. �.�r:!�� .. f.� ........................................................ : .. _ ............ �:� .. � ······· ................ -................ .................. ·-······ .......... _ Remove Tree -14"+ DBH (Section 300.1 and Special

8. 9 EA Provisions Section 9) $
2,100.00 $
18,900.00
two thousand one hundred PEREA
City of Cypress
Public Works Department
No.

1. Concrete Rehabilitation Proposal Bid Sheet
Project293
TOTAL ADDITIVE BID PRICE #2: $---'6.,.5....,9. ..,.84 ........ D..._O ________________ _ TOTAL ADDITIVE BID PRICE #2 IN WORDS: sixty-five thousand oioe hundred eighty-four Quantit
y
1 Unit
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #3
District 28
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Unit
Price
LS
...

Secti
on
.
9)
.. one.thousand .three .hundred········-···-·-······························-·· $1
.
300.00
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Dollars
Total
$ 1,300.00
................... ........................................ ............................. ............................................................................................................................................................................ ........................................... ............................................

Traffic Control (Sectlon 600)

2. 1 LS
.three.
thousand.two.hundred ..................................................................................... $3,200.00 $ 3,200.00
PER LS
................... ........................................ ............................. ............................................................................................................................................................................ ............................................. ............................................ 3 Remove and Replace PCC Sidewalk (201-1, 303 and
1,737 SF
...

Special.Provis
i
ons
.

Section
..
9 > ............... .. ......................... ................... ...... ........... $

11.00 $19,107.00
................... ..... ................................. ············ .. ···--·········· ........ eleven ....................................................................................................................

PER .sF··· ......................................... ...... ·-······ .. ······ ................. .

4. 6.
300
Remove and Replace PCC Curb and Gutter
····-····· .. ········· .. ·········· ........ _ ........................................................ _ ........................................ _........ 84 00 LF (Section 303 and Special Provisions Section 9) $ · . .......................................................................................................................................................................... . $ 25,200.00
.... -•·-···· .. ·· .. ··-···-····· ·············-····-· ·-·�gbfy�L. ................. -.. ··-.. -· .. -···· .. ····· .................................... _ ...... ��.� .. � ........... -·-···-···· ................................... -·······-·· Remove Tree -4" -8" DBH (Section 300.1 and Special
7 EA Provisions Section 9) $370.00 $2,590.00
PEREA
............................... ......................... ......................... .. ...... three.hundred.seventy ...................................................... ............................................ ................................ ........... ............................................ .

Remove Tree -9" - 13"+ DBH (Section 300.1 and
·-.. ·-···--· ........... -, ... -......... , .. _ •.. , .. --.--.. , ...... -, .. ·-··-····--.. ·-··-··-·· .. ---,---···-.... --.. ,, ........ -,,,_.

7. 4 EA Special Provisions Section 9) $750.00 $3,000.00 seven hundred fifh, PER EA
"···�···-·-·- --·······-····--... -............. _ .. -.-......... -···-· ·-···· .. ···"---··-· .. --.................... '��---·· .... , ........ -.................... -.�, ........ -......................... --•-···· ....... ·····-· .. -·.-............. --.. ·-· ................ --····-·-····· .... _.

8. Remove Tree -14"+ DBH (Section 300.1 and Special
3 EA Provisions Section 9)
two thousand one hundred PEREA
$ 2.100.00 $ 6.300.00
TOTAL ADDITIVE BID PRICE #3: $_6_.0,_
69_7_.o_o ________________ _
TOTAL ADDITIVE BID PRICE #3 IN WORDS: sixty thousand six hundred ninety-seven (Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
Dollars
No.

Concrete Rehabilitation
Project293
Quantity Unit
Proposal Bid Sheet
ADDITIVE BID #4
District 33
Items of Work Unit
{Please Print Unit Prices Written in Words) Price Total -.. • .. ••••• .. ••-• •-••-•• .... ---•--...... ,, .. ,, - ••••• .. •••-•••- ........ •••---••-••••-•••-•uw•••-u•••-••-�•-OHUOMo-•-w• .............. ,, .. ,.,,,,_ ........ , .. ,,. .. ,._,HNOh•-••-••---•••••""u• •-•-••n••••••••-•-••••---••uHHOHO< ,.,,.,,,,,, .. ,,,,., .......... ,. .... ,,, .... , ..

1. 2.

3. Mobilization {Section 9-3.4 and Special Provisions
1 LS
_
Section
.
9 ) .... six.hundred ............... _ ........... -.......... -........ -.-· .. ·• .. ·-· -.. -........ $600. 00 $ 600.00
(Not to exceed 5% of total bid amount excepting Item 1) PER LS ............. ............................. ............................................................................................................................................................................ .......................................... . .................................. , ........ ..

Traffic Control {Section 600)
1 L
S
. ..two thousand
....................... ................................... ...................... ............................ ...... . - $ 2 ,
000.00 $
2 ,
000.00
877 SF
PER LS
Remove and Replace PCC Sidewalk
(201-1, 303 and Special Provisions Section 9)
eleven PER SF
$ 11.00 $
9 ,
647.00
TOTAL ADDITIVE BID PRICE #4: $ 12•
247
·
00 ----------------------
TOTAL ADotTIVE BID PRICE #4 IN WORDS: twelve thousand two hundred forty-seven (Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
Dollars
Concrete Rehabilitation
Project293
I Total BASE BID PRICE:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 and #2:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through #3:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total ADDITIVE BID PRICE ##4:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through 4:

Proposal Bid Sheet
I$ 3os 3s1 oo
$ 305 361.00
$
$ 305.361.00
$ 47 944.00
$ 65 984.00
S 419 289.00
$ 305 361.00
$ d7 O.&A nn
$ 6� 984.00
$ 60 697.00
S 479 986.00
$ �ni. ��1 nn
$ 47 944.00
$ 65 9Rd.00
$ Fm.697 on
$ 12 247.00
S 492,233.00
The Total Amount of Base Bid and Additive Bids stated above shall include all work and cost for won< as specified on the project plans and delineated in the project specifications and all other incidental and appurtenant work that is necessary to complete the specific items of work including Bidder's overhead and mark-up, purchase of materials, taxes, transportation, permit fees, and all other costs made necessary by the Contract Documents to provide the City of Cypress with a complete operational facility meeting the approval of the City of Cypress and other agencies having jurisdiction over the project.

City of Cypress
Public Works Department
Concrete Rehabilitation
Proiect293
Proposal Bid Sheet
WEEKEND WORK: Any work adjacent to schools shall be performed during the weekend in coordination with the City Engineer.

CONTRACT Tl"1E: It is understood and agreed that the time limit for the completion of the above work shall be within THIRTY (30) working days of the commencement date given on the Notice to Proceed, and that required overtime and other costs are a part of the bid as noted above.

BID ADDENDA: Bidders who purchase plans and specifications at the City shall be placed on a bidders fist, and shall receive any issued Bid Addenda. Bidders, who obtain plans and specifications from plan rooms or other sources, are responsible to contact the Public Wori<s Department at 714-229-67 40, in order to be placed on the Bidders List and receive any issued Addenda. Bidders shall submit a signed copy of all issued Bid Addenda with their bid. Failure to do so, may subject their bid to rejection.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project293

PROPOSAL
CITY OF CYPRESS PROJECT 293
The undersigned bidder affirms that he/she:

Thursday, April 28, 2022, at 11 :00 A.M.
d. Is aware that the City of Cypress reserves the right to reject any and all proposals. e. Has submitted with this proposal a certificate showing proof of participation as a signatory to a recognized apprenticeship and/or training program, if required. f. Has attached to this Proposal Cash, or a Cashier's Check or Certified Check in favor of the City of Cypress, in an amount equal to at least ten percent (10%) of the total bid, or a Bid Bond for said amount in the form furnished by the City, with the understanding that said security shall be held by the City until the Agreement for doing the work has been entered into that said security shall be forfeited to the City as liquidated damages should the undersigned fail to enter into a contract and furnish the required bonds and insurance within the time specified in the Contract Documents, if awarded the Contract; and the undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.

Please indicate whether proprietorship, corporation or partnership and any use of fictitious business name: Cl Corporation □ Partnership D Proprietorship
DA TED: April 26, 2022
FIRM NAME: Gentry General Engineering Inc.

FIRM ADDRESS: 9277 Archibald Avenue, Rancho Cucamonga, CA 91730 TELEPHONE:_......_(9"""0 __ 9).._3 __ 3..... 0 -..... 11..._2=-8 ____ _ SIGNATURE:"'"_\.2�""_...7 _______ 0- __ _
Bidder
City of Cypress
Public Works Department
Concrete Rehabilitation
Proiect293
Proposal
The undersigned declares under penalty of pe�ury under the laws of the State of California that the representations made hereto are true and correct.

If a partnership, name and signature of at least one General Partner.

If a corporation, names and signatures of President or Vice President, and the Secretary or Assistant Secretary.

NAME AND SIGNATURE:

Brenton Gentry, President
Printed Name and Trtle
NAME AND SIGNATURE:

Brenton Gentry, Secretary
Printed Name and Title
NAME AND SIGNATURE:

Signature
Signature
Printed Name and Title Signature
Contractor's License No.: 974
2 -------- 79
Expiration Date: 6/30/2022
City of Cypress
Public Works Department
No.

1. 2.

3. 4.

5. Concrete Rehabilitation
Project293

PROPOSAL BID SHEET

SCHEDULE OF WORK ITEMS

CONCRETE REHABILITATION
PROJECT293
Proposal Bid Sheet
Date: Thursday, April 28, 2022, at 11 :00 A.M.

Contractor Name: ___
F_S_C_
o_n_tr_a_c_to_r_s_, _ln_c_. ________
_
Contractor Address: __ 1_4_8_3 _8_B_l_ed_s_o_e_S__. t _S..._y_lm_a_r_,_, _C_A_9_1_ 3_4_2 __

THE CITY COUNCIL

CITY OF CYPRESS
CALIFORNIA 90630
Honorable Councilmembers:

The undersigned principal, after having carefully examined the plans, Specifications and General Provisions for the City of Cypress Concrete Rehabilitation Project 293, hereby proposes and agrees to furnish all labor, materials, equipment, plant, transportation, services, sales taxes and other costs necessary to complete the entire project in strict conformity with the specifications, general and special provisions, and all addenda therefore as prepared by the Department of Public Works of the City of Cypress and to complete all work within the contract time specified in this PROPOSAL, for the following bid:

Quantity Unit
1 LS
1 LS
14,080 SF
584 LF
1,880 SF
City of Cypress

BASE BID
Items of Work
{Please Print Unit Prices Written in Words)
Mobilization {Section 9-3.4 and Special Provisions
Section 9) T t4-\ 11\ov s. eu...J.
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control {Section 600)
f tv'- ]hou��
PER LS
Remove and Replace PCC Sidewalk (Section 201-1,
303 and Special Provisions Section 9)
Tu?.[tt- � 51)/,oo
PER SF
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
��""'k e-,�hf
u J PERLF
Remove and Replace PCC Driveway Approach {Section
303 and Special Provisions Section 9)
,h,rf� PER SF
Public Works Department
Unit Total Price
$ /0 000 $ 10000 , I
$ S 00{) $ 'Sooo
, I'
$ /]__S"V $176 '100
$ 78 $ C/Ss-s-z_
J
$ 13 $ 2 '-/_ L/ '/i>

6. 7.

8. No.

1. 2.

3. 4.

Concrete Rehabilitation
Project293
Remove Tree - 4" - 8" DBH {Section 300 .1 and Special
Proposal Bid Sheet
15 EA Provisions Section 9)
$e.vtAA J.ff k PER EA
$ 750 $ II Z>'O
I
Remove Tree -9" - 1 Y DBl!li {Section 300.1 and Special 16 EA Provisions Section 9) $ J,ooo $ ,,,f)OO
l)\.\e., Jh.oUS� PEREA
Remove Tree-14"+ DBH (Section 300.1 and Special
9 EA Provisions Section 9} $ '2.,ooo $ lgaoo
Ti0,:, ·th,ov�J.. I PER EA
TOTAL BASE BID PRICE (Additive bids will be added to the Total Base Bid Price in their numerical order of Total Additive Bid Price #1, Total Additive Bid Price #2, Total Additive Bid Price #3 and Total Additive Bid Price #4; consistent with Section 20103.Bc of the Public Contract Code, which specifically states, "The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened." A funding amount will be publicly disclosed by the City of Cypress and will be hand written on a white board in the bid opening room located at the Civic Center building before the first bid is opened. One bid number will be read for each Contractor which includes the base bid plus the most additive bid items that are equal to or under the funding amount.

TOTAL AMOUNT OF BID IN FIGURES:$ ------------------ 3 'Db, ZJ.I� TOTAL AMOUNT OF BID IN WORDS: Tl, ret..- hv�J �
Quantity Unit
(Please Print Total Amount of Bin WORDS}
ADDITIVE BID #1
District 26
Items of Work
(Please Print Unit Prices Written in Words}
Mobilization (Section 9-3.4 and Special Provisions
Dollars
Unit Total Price
····-
1 LS Section 9} r,u .... nu,.s�d $ 3 ODO $ 3 000
... ... ; J
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
1 LS f)vi.e.- Tho vs� $ /ooo $ Jpoo

PER LS I
Remove and Replace PCC Sidewalk {201-1, 303 and
1,620 SF Special Provisions Section 9} $ Jz.s-o $U> zs-o Twuver �--·SD/toD PER SF ,, Remove and Replace PCC Curb and Gutter
216 LF (Section 303 and Special Provisions Section 9) $ 7E $ /�/6 'f'E 5e>J t-1;\,�. P,l4�+ PER LF
u J
City of Cypress
Public Works Department

6. 7.

No.

1. 2.

3. 6.

7. 8.

Concrete Rehabilitation
Project 293
4 EA
8 EA
Remove Tree -4" -8" DBH {Section 300.1 and Special
Provisions Section 9)
se�c."" h�td -ttl:� PER EA
Remove Tree-9" -13" DBH (Section 3o!Y.1 and Special
Provisions Section 9)
o�<--- T�v!:,� PEREA
Proposal Bid Sheet
$ 7S"o $1-,l/oo
$ l,f>O o $ 8,000 .,
TOT AL ADDITIVE BID PRICE #1: $ f; /, £/ q g
TOTAL ADDITIVE e1O PRICE #1 IN._w_o_R_D
_s_: -.. -6��-f-f<t
--o
-..,_
-e.,-tho--v-�-... ,-, _
[o
_v_r_h_v_�_tJ
VI IV\,(,� ]';� hf- Dollars
Quantity Unit
1 LS
1 LS
3,294 SF
5 EA
6 EA
9 EA
City of Cypress
(Please Print Total Aount oid in WORDS)
ADDITIVE BID #2
Districts 27
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9) f-ot.1, thtu.s�
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
..
-rf,,,ru., 7hoiJ_S.'"'--A
PER LS
Remove and Replace PCC Sidewalk {201-1, 303 and
Special Provisions Section 9)
Twdv'L A. S-O_Aoo PER SF
Remove Tree - 4" - 8" DBH {Section 300.1 and Special
Provisions Section 9)
?-LVUA �W-t.\.c:Vd
--·
-+�ttY PEREA
Remove Tree - 9" - 13" DBH (Section �0.1 and Special
Provisions Section 9)
01,il,{_ rho!LJ_�cl PEREA
Remove Tree - 14"+ DBH (Section 300.1 and Special
Provisions Section 9)
Two T v .Si>J.\.J PEREA
Public Works Department
Unit Total Price
$ tf,ooo $ l/, 000
$ 3000 $ �"00
$ Jz.5D $ L/1 tiS I
$7s-o
$3t>oO
$ ,,�oo $ t;;;,oo o
$ 2tJ00
'/ $ /g ooo I
No.

1. 2.

3. 4.

6. 7.

8. Concrete Rehabilitation
Pro·ect 293
Proposal Bid Sheet
TOTAL ADDITIVE BID PRICE #2: $ ____
7 5' __._ __ f I ---:-5' -----.:------------
TOTAL ADDITIVE BID PRICE #2 IN WORDS: �,V(A,'\¼ ±:1 \/(., ±½-011 $,�, Quantity Unit
1 LS
1 LS
1,737 SF
300 LF
7 EA
4 EA
3 EA
City of Cypress
£)1,,.e. �"� "z.eVb\. ·,'I�
ADDITIVE BID #3
District 28
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9) -rt,r-u, ;-Jwv.sOMcl .1,vt., �"'��
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
}W!Z ;ht LLS�J.

PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
T�11t, $, SD/10 0 PER SF
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
G,V!,.b- PER LF
Remove Tree - 4" -8" DeH (Section 300.1 and Special
Provisions Section 9)
c;u,¼ hu�J +-i·n PEREA
Remove Tree - 9" - 13"+ DBH (Sectio�300.1 and
Special Provisions Section 9)
(M{,-t°hov� PEREA
Remove Tree -14"+ DBH (Section 300.1 and Special
Provisions Section 9)
-r uJO tko1J!J PEREA
(Please Print Total Amount
Public Works Department
Dollars
Unit Total Price
. $ 3S-OO $ .3,.>D 0
$ 2,ooo $ 20()0
$ /l.� $ 2-!712;�
$ 80 $ 2�000
$?SD $ szsv
$ $ lf100 0 �tJOO
$ °4DOV $ f,,() O()
Dollars
No.

1. 2.

3. Concrete Rehabilitation
Pro·ect 293
Quantity Unit
1 LS
1 LS
877 SF
ADDITIVE BID #4
District 33
Items of Work
{Please Print Unit Prices Written in Words)
Mobilization {Section 9-3.4 and Special Provisions
Section 9) s,x ·1,� �ul
(Notto exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
f) ae.- Tho v .s�
PER LS
Remove and Replace PCC Sidewalk
{201-1, 303 and Special Provisions Section 9)
iwilvL � �/,DO PER SF
Proposal Bid Sheet
Unit Total Price
$ boo $ f,oo
$ iooo $/,()00
$ /2..5!!. $ ID,'1,z� �
TOTAL ADDITIVE BID PRICE #4: $ ____
/ L.
_,__
51:J ________________

2.. S-O _
TOTAL ADDITIVE BID PRICE #4 IN WORDS: rtl)(l,/Vt.. Ibo vSa.Al\..d. {,v� hu�e,d, 5;� fw" soj,oo 7
Dollars
City of Cypress
Public Works Department
Concrete Rehabilitation
Project293
I Total BASE BID PRICE:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 and #2:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through #3:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total ADDITIVE BID PRICE #4:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through 4:

IS
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Proposal Bid Sheet
3t>b, 2-11: 2..
5Z-, ot;'l
75'.q :Z.5'"
ft;b, t/k 2.. �
11-�s�z.#�
t;;" /3, 2.10.
810
The Total Amount of Base Bid and Additive Bids stated above shall include all work and cost for work as specified on the project plans and delineated in the project specifications and all other incidental and appurtenant work that is necessary to complete the specific items of work including Bidder's overhead and mark-up, purchase of materials, taxes, transportation, permit fees, and all other costs made necessary by the Contract Documents to provide the City of Cypress with a complete operational facility meeting the approval of the City of Cypress and other agencies having jurisdiction over the project.

BID ADDENDA: Bidders who purchase plans and specifications at the City shall be placed on a bidders list, and shall receive any issued Bid Addenda. Bidders, who obtain plans and specifications from plan rooms or other sources, are responsible to contact the Public Works Department at 714-229-6740, in order to be placed on the Bidders List and receive any issued Addenda. Bidders shall submit a signed copy of all issued Bid Addenda with their bid. Failure to do so, may subject their bid to rejection.

City of Cypress
Public Works Department
Concrete Rehabilitation
Pro·ect 293

PROPOSAL
CITY OF CYPRESS PROJECT 293
The undersigned bidder affirms that he/she:

Thursday, April 28, 2022, at 11 :00 A.M.
d. Is aware that the City of Cypress reserves the right to reject any and all proposals. e. Has submitted with this proposal a certificate showing proof of participation as a signatory to a recognized apprenticeship and/or training program, if required. f. Has attached to this Proposal Cash, or a Cashier's Check or Certified Check in favor of the City of Cypress, in an amount equal to at least ten percent (10%) of the total bid, or a Bid Bond for said amount in the form furnished by the City, with the understanding that said security shall be held by the City until the Agreement for doing the work has been entered into that said security shall be forfeited to the City as liquidated damages should the undersigned fail to enter into a contract and furnish the required bonds and insurance within the time specified in the Contract Documents, if awarded the Contract; and the undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.

Please indicate whether proprietorship, corporation or partnership and any use of fictitious business name: � Corporation □ Partnership □ Proprietorship
DATED: 4/28/22
FIRM NAME: _ ___;_F--=S:........=:;C..;;;.ont .;..;..:;.ra;;;.c;;;.;t;,;;.o;..;;rs;.i.,.;.;ln.;.;c;.;.. _________________ _ FIRM ADDRESS: 14838 Bledsoe St. Sylmar, CA 91342
TELEPHONE: (818) 838-6040
SIGNATURE: __ �...,___l_ � __,,'-J---'-_r;._,,C/.� ___ _ e= �der City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293
Proposal
The undersigned declares under penalty of pe�ury under the laws of the State of California that the representations made hereto are true and correct.

If a partnership, name and signature of at least one General Partner.

If a corporation, names and signatures of President or Vice President, and the Secretary or Assistant Secretary.

NAME AND SIGNATURE:

Jose Angel Fierros, President
Printed Name and Title
NAME AND SIGNATURE:

Jose Ernesto Fierros - Corporate Secretary
Printed Name and Title
NAME AND SIGNATURE:

Printed Name and Title
Contractor's License No.: 1005940
Expiration Date:, __ 0_7_/_3_1/_2_3 ______ _
City of Cypress
Public Works Department
§
Signature �
Signature
No.

1. ···--··

2. ···--··

3. -···-·······

4. 5.

Concrete Rehabilitation
Pro·ect293

PROPOSAL BID SHEET

SCHEDULE OF WORK ITEMS

CONCRETE REHABILITATION
PROJECT 293
Proposal Bid Sheet
Date: Thursday, April 28, 2022, at 11:00 A.M.

Contractor Name: K,.//,1111, ' Tvt.c

THE CITY COUNCIL

CITY OF CYPRESS
CALIFORNIA 90630
Honorable Councilmembers:

The undersigned principal, after having carefully examined the plans, Specifications and General Provisions for the City of Cypress Concrete Rehabilitation Project 293, hereby proposes and agrees to furnish all labor, materials, equipment, plant, transportation, services, sales taxes and other costs necessary to complete the entire project in strict conformity with the specifications, general and special provisions, and all addenda therefore as prepared by the Department of Public Works of the City of Cypress and to complete all work within the contract time specified in this PROPOSAL, for the following bid:

BASE BID
Quantity Unit Items of Work Unit Total (Please Print Unit Prices Written in Words) Price Mobilization (Section 9-3.4 and Special Provisions
1 LS Section 9) $ (J,()l(Xl $IJ,P.P
(Not to exceed 5% of total bid amount excepting Item 1 ) PER LS Traffic Control (Section 600)
1 LS $ IJ,'100 $/}1
PtJP
PER LS
Remove and Replace PCC Sidewalk (Section 201-1, ,'l,L
303 and Special Provisions Section 9) 121,!
14,080 SF $..., $ J;t,ooo!!'
PERSF
Remove and Replace PCC Curb and Gutter
584 LF
(Section 303 and Special Provisions Section 9)
$ lUP!P $ 5�'f00�
PERLF
Remove and Replace PCC Driveway Approach (Section
1,880 SF 303 and Special Provisions Section 9) $ 17!!' $ 111 'l'()!.0 PER SF
City of Cypress
Public Works Department

6. ·······-·-·······

7. ·-····-···-··

8. No.

1. -·---·

2. 3.

4. Concrete Renabilitation
Pro'ect 293
15 EA
16 EA
9 EA
Proposal Bid Sheet
Remove Tree - 4" -8" DBH (Section 300.1 and Special
Provisions Section 9) $ s,stt $ � y1;!.P
PER EA
Remove Tree - 9" - 13" DBH (Section 300.1 and Special
Provisions Section 9) $ ,,s.R..o $ I 31 1)11().U
PEREA
Remove Tree -14"+ DBH (Section 300.1 and Special
Provisions Section 9) $ J750ge $ JSj 1St>!.P
PEREA
TOTAL BASE BID PRICE (Additive bids will be added to the Total Base Bid Price in their numerical order of Total Additive Bid Price #1, Total Additive Bid Price #2, Total Additive Bid Price #3 and Total Additive Bid Price #4; consistent with Section 20103.8c of the Public Contract Code, which specifically states, "The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened." A funding amount will be publicly disclosed by the City of Cypress and will be hand written on a white board in the bid opening room located at the Civic Center building before the first bid is opened. One bid number will be read for each Contractor which includes the base bid plus the most additive bid items that are equal to or under the funding amount.

TOTAL AMOUNT OF BID IN FIGURES: $____;;_1.;_
'Z
�
�..;;..,z;;..::f'---ce._---------
TOTAL AMOUNT OF BID IN WORDS: 'fkre,,e, Hv,.,J@J f k&'t,f-j fV1� Ti..tl�W <,,- � TIA1dy F-i ve
Quantity Unit
1 LS
1 LS
1,620 SF
216 LF
City of Cypress
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #1
District 26
Items of Work
{Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
PER SF
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
PERLF
Public Works Department
Dollars
Unit Total Price
$ 2, ()()(Jf.!> $Z,P�p!R
$ 2 �()().!." 1 $�p��!P
$ Jzi! $ zqzro!..0
$JO()� $ ?h'"p�O

6. -·······

7. No.
.. .._···-······

1. ·-··-······

2. --······

3. --····

6. ---···

7. !,---....

8. Concrete Rehabilitation
Project 293
4 EA
8 EA
Remove Tree - 4" - 8" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree - 9" - 13" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Proposal Bid Sheet
$ s,s!!' $l-JU()!P
$ 8Jfj9 $ 4szoU
TOTAL ADDITIVE BID PRICE #1: $ __ 5_"1_1 _,_1_0_� ___________ _ TOTAL ADDITIVE BID PRICE #1 IN WORDS: f • 'f"h flvi,tr fl,v;� ,, 'i, � �lft:'f Oil�
(Please Print Total Amount of Bid in WORDS)
Quantity Unit
1 LS
1 LS
3,294 SF
5 EA
6 EA
9 EA
City of Cypress
ADDITIVE BID #2
Districts 27
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
PER LS
Remove and Replace PCC Sidewalk (201-1, 303 and
Special Provisions Section 9)
PER SF
Remove Tree - 4" - 8" DBH (Section 300 .1 and Special
Provisions Section 9)
PEREA
Remove Tree - 9" - 13" DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Remove Tree - 14"+ DBH (Section 300.1 and Special
Provisions Section 9)
PEREA
Public Works Department
Dollars
Unit Total Price
$�(/O(J� $4tPPO!t
$ 2,(Jr,pt!l $ z, �(J 2'.!!
$J2U $ '1 ,, / "7 5!.1
$5&5!! $�$ZJ!.9
$ flS!.I $'-l,rtQ�
$/7,o!R $ /5", lf'1!.P
No.
·-···--··

1. 2.
-·-····

3. 4.
--·-····

6. ---------·

7. 8.

Concrete Rehabilitation
Pro·ect 293
Proposal Bid Sheet
TOTAL ADDITIVE BID PRICE #2: $. __ 6�f?L.,,�l 6-'-Y�D"--(l"O-------------- TOT AL ADDITIVE BID PRICE #2 IN WORDS: __,S._1_._}_.+y__,___£0:....:,�,'--��d:� ....... '/btM,...;...,:,,;;;,----"',..:a..,� ........... �i,..._) �
-i_,,__
fort,
Quantity Unit
1 LS
1 LS
(Please Print Total Amount of Bid in WORDS)
ADDITIVE BID #3
District 28
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Section 9)
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Traffic Control (Section 600)
PER LS
Dollars
Unit Total Price
$lO(JI) C/9.. $ lo/ll}
f!J..
t,13. $ ''ld/0 ...... IJO $ Zf)OO •,,;;,,
c- Remove and Replace PCC Sidewalk (201-1, 303 and
$ {Z�
1,737 SF Special Provisions Section 9)
PER SF
Remove and Replace PCC Curb and Gutter
�, 1,,.,
DJ.
$ ?&! ()
{J}.. 300 LF (Section 303 and Special Provisions Section 9) $ /00 _,.

PERLF ,IJO
Remove Tree-4" -8" DBH 3 q )--p.t::·· (Section 300.1 and Special C/0 $ '� 7 EA Provisions Section 9) $5''5- Ml..

PEREA
Remove Tree-9" -13"+ DBH (Section 300.1 and �
4 EA Special Provisions Section 9) $ $tr $ 3 zM
--
PEREA
Remove Tree -14"+ DBH (Section 300.1 and Special OIi ()(J $ J1s-o- -
3 EA Provisions Section 9) $ J:?5() I
PEREA
TOTAL ADD1T1vE BID PRICE #3: $._ .... t��!..../7�7_£._0 _________________ _
TOTAL ADDITIVE BID PRICE #3 IN WORDS: � I
1 � fy "fZ 1 "1� + 17,.i)W#/lef
01'\e � � �f)µlltJ4 <:V'J'fl(t/ 1-'W"Soollars
(Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
No.
-----·······

1. ------········

2. ·-···············

3. Concrete Rehabilitation
Pro·ect293
Quantity Unit
ADDITIVE BID #4
District 33
Items of Work
(Please Print Unit Prices Written in Words)
Proposal Bid Sheet
Unit Total Price
Mobilization {Section 9-3.4 and Special Provisions
$ zooof:Jl. (N_
1 LS Section 9) $ ).Ot}{)--
(Not to exceed 5% of total bid amount excepting Item 1 ) PER LS Traffic Control (Section 600)
i.dtJvt& 1 LS $ $]a,()�
PER LS
Remove and Replace PCC Sidewalk
$ /z,:� !fJ
877 SF (201-1, 303 and Special Provisions Section 9) $ /q'!f 6'LPERSF »_11
��lt$ ___ �/��
y•�
1 �6_2 __ � _________ _
TOTALADDITIVEBIDPRICE#41NWORDS:
1 fv1At"� &� /V,'tle, �
City of Cypress
5 1Y,.f'/ 'fWb �//uq 0¥'./ fft'/ �:t!J Dollars
(Please Print Total Amount of Bid in WORDS)
Public Works Department
Concrete Rehabilitation
Pro·ect 293
I Total BASE BID PRICE:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 and #2:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through #3:

Total BASE BID PRICE:

Total ADDITIVE Bl D PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total ADDITIVE BID PRICE #4:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through 4:

Proposal Bid Sheet
$
$
$
$
$
$
$
$
$
s;z -z..-
$
$
$
$
$
o,,o
.:!._
The Total Amount of Base Bid and Additive Bids stated above shall include all work and cost for work as specified on the project plans and delineated in the project specifications and all other incidental and appurtenant work that is necessary to complete the specific items of work including Bidder's overhead and mark-up, purchase of materials, taxes, transportation, permit fees, and all other costs made necessary by the Contract Documents to provide the City of Cypress with a complete operational facility meeting the approval of the City of Cypress and other agencies having jurisdiction over the project.

City of Cypress
Public Works Department
Concrete Rehabilitation
Pro·ect 293
Proposal Bid Sheet
WEEKEND WORK: Any work adjacent to schools shall be performed during the weekend in coordination with the City Engineer.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293

PROPOSAL
CITY OF CYPRESS PROJECT 293
The undersigned bidder affirms that he/she:

Thursday, April 28, 2022, at 11 :00 A.M.
d. Is aware that the City of Cypress reserves the right to reject any and all proposals. e. Has submitted with this proposal a certificate showing proof of participation as a signatory to a recognized apprenticeship and/or training program, if required. f. Has attached to this Proposal Cash, or a Cashier's Check or Certified Check in favor of the City of Cypress, in an amount equal to at least ten percent (10%) of the total bid, or a Bid Bond for said amount in the form furnished by the City, with the understanding that said security shall be held by the City until the Agreement for doing the work has been entered into that said security shall be forfeited to the City as liquidated damages should the undersigned fail to enter into a contract and furnish the required bonds and insurance within the time specified in the Contract Documents, if awarded the Contract; and the undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.

Please indicate whether proprietorship, corporation or partnership and any use of fictitious business name: &t Corporation □ Partnership □ Proprietorship
DATED: 4-z,-2,zz
FIRM NAME: k4/h11M. Ivt ( ,
FIRM ADDRESS: Utso flw-c1:ltlq Aw /,{"','-t 201 S.,""- c/_.r,'et, c,4: "117/p TELEPHONE: (Ill} S-olf:-l(J€(
City of Cypress
Public Works Department
''
Concrete Rehabilitation
Project 293
Proposal
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

If a partnership, name and signature of at least one General Partner.

If a corporation, names and signatures of President or Vice President, and the Secretary or Assistant Secretary.

NAME AND SIGNATURE:
.tf4f+vt'Otv L�wrc,.r-e - Iii h· t'.71,,I..,,,, �
Printed Name and Title
NAME AND SIGNATURE:
/k1-h tf«�- 'iec�f-ltf?
Printed Name and Title
NAME AND SIGNATURE:

Printed Name and Title
Contractor's License No .. .a..: _5a...o-'7 .... � .... f .... O...._ ___ _ Expiration Date:_1_ .. _1_,-_2_, __ z_,,...._ ____ _
City of Cypress
Public Works Department
Signature
Signature
Signature
No.

Concrete Rehabilitation
Project293

PROPOSAL BID SHEET

SCHEDULE OF WORK ITEMS

CONCRETE REHABILITATION
PROJECT293
Proposal Bid Sheet
Date: Thursday, April 28, 2022, at 11:00 A.M.

Contractor Name: CT&T Concrete Paving Inc.

Contractor Address: 324 S. Diamond Bar Blvd, PMB 275, Diamond Bar, CA 91765

THE CITY COUNCIL

CITY OF CYPRESS
CALIFORNIA 90630
Honorable Councilmembers:

The undersigned principal, after having carefully examined the plans, Specifications and General Provisions for the City of Cypress Concrete Rehabilitation Project 293, hereby proposes and agrees to furnish all labor, materials, equipment, plant, transportation, services, sales taxes and other costs necessary to complete the entire project in strict conformity with the specifications, general and special provisions, and all addenda therefore as prepared by the Department of Public Worf<s of the City of Cypress and to complete all worf< within the contract time specified in this PROPOSAL, for the following bid:

BASE BID
Quantity Unit Items ofWori(
(Please Print Unit Prices Written in Words)
Unit
Price Total
...
.. ,,,,,,,0000000 '"•••••••••••• .. • .. ··•••••••••• .. •• .. ·• •••••••••-••·•-•••••••HOO ..... •••••••• . ....... ••·••••••••••••---•••••••••• .. ----••••••••••-•••••••·• .. ••••••••------- ,---·········-·· ...... ,-.......................... ·-···

1. 1
Mobilization (Section 9-3.4 and Special Provisions
.........................................

LS Section 9) ___
(Notto exceed 5% of total bid amount excepting Item 1) PER LS $ / 507n} ................... ... ................................... ............................. ................................................................................................................................................................................................................ ....... ••············ ............................. .

Traffic Control (Section 600)

2. 1 LS t--...
.............................................................. ,_ ....... -..................................... __ _ .................................. ·---······························ .. ···•···· ..................................................................... . $ /507Jl)
PER LS
$ J5cTtTO ----···························-............ ·--······· .............. ......... __ _ Remove and Replace PCC Sidewalk (Section 201-1,

3. 14,080 SF
303 and Special Provisions Section 9)
···········•• .. ········---···-····················---- -----············ .. ···········-----······· .. ··--········ ................. .

PER SF
·····•········ .... ··•••••·············•···•······· ........ -·········· .. •····· ..... ·----············· ........... _ .......... _ .... ----······························· .. ······ ··---.................... ............ __ _

4. 5.
584 LF
Remove and Replace PCC Curb and Gutter
(Section 303 and Special Provisions Section 9)
.......................... _ ....... ·-··· ........................ --- ............................... ____ ............................................................ ---- PERLF
$ 70
-+---········ .. ··· ... ........................ ·-----··· .. ··············· ..................... --•······ .............................. ······ ....................................... ............. --........ . 1,880
City of Cypress
Remove ---··········-····-·-······· and Replace PCC Driveway Approach (Section .. -·······----·················· .. ·-······
SF 303 and Special Provisions Section 9)
..................................................................................................... ___ PERSF
Public Worf<s Department
$ 22

6. Concrete Rehabilitation
Proiect 293
15 EA
Proposal Bid Sheet
Remove Tree-4" - 8" DBH (Section 300.1 and Special
Provisions Section 9) ----···········-····
·
······ .. ····••·•·········· .. ···············
PEREA
_ ............... ··············-·······-··· ······················-···· ·--··········-·-··-····················· ·········-·········· .. ················································--+----··············· ································-·········· Remove Tree - 9" - 13" DBH (Section 300.1 and Special

7. 16 EA Provisions Section 9) ----··········-····---- $ 1121- 25 $1 t'tLfD PEREA
···
··
···
···
········ ········
····
·
·
···
················
·
······ ·············
·
·······
·
·······f---- ---------....................................................... 1----•··············· ........................................... .

8. No.

1. 9 EA
Remove Tree - 14" + DBH (Section 300.1 and Special
Provisions Section 9) ---····· ···-···
······················ $ / 5?2. ,o $ / "','t72.,;'
PEREA
TOTAL BASE BID PRICE (Additive bids will be added to the Total Base Bid Price in their numerical order of Total Additive Bid Price #1, Total Additive Bid Price #2., Total Additive Bid Price #3 and Total Additive Bid Price #4; consistent with Section 20103.Bc of the Public Contract Code, which specifically states, 'The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened." A funding amount will be publicly disclosed by the City of Cypress and will be hand written on a white board In the bid opening room located at the Civic Center building before the first bid is opened. One bid number wUI be read for each Contractor which includes the base bid plus the most additive bid items that are equal to or under the funding amount.

TOTAL AMOUNT OF BID IN FIGURES:$ ----------------- lf0r✓ 080. tT1J TOTAL AMOUNT OF BID IN WORDS: � � � �/
&,'� Ot,Uru-f L � �S Dollars
{Please Print Total Amount of Bid in WORDS)
Quantity
1 Unit
ADDITIVE BID #1
District 26
Items of Work
{Please Print Unit Prices Written in Words)
Unit
Price
............................................................... _____ , ................................................... ....... ___ Mobilization {Section 9-3.4 and Special Provisions
LS Section
··gj
" .......... ·-·-···-··············-· .. -· .. -............ _ ............. _._ .. __ ._................................ $
507}()
(Not to exceed 5% of total bid amount excepting Item 1) PER LS Total
____ ,,.,,.,. ____ ............................ _, ..................... ,.,.,, ____ ,,,, .. , .... , ................................................ _._ ........ ,_., ..... , .. _ ...................... ----·-·-· ·-··-····· ..... -.. -,

2. 3.

Traffic Control -------·········-···-··························----··············· {Section 600) 1 LS
...................... ___ ,,,.,,, .. , ................................................................................................................. .

PER LS
......... ·-·-·
·-·········-t-----t---
Remove
--and Replace PCC Sidewalk (201-1, 303 and
-------.. ·······-··· ....... , __ , ............. -t---·· .. ········--··-·· ....... -··········· .. ····· .. ···········-······ .. 1,620 SF
............................................ _____ _
Special Provisions Section 9) $
PER SF
/ Y
---··········· ....... -.......... ·····-·--.................. ··········--- -------······· .. ··············· .... ········---+--•• .. ·· .......................................................................... .

4. 216 LF
City of Cypress
Remove and Replace PCC Curb and Gutter
{Section 303 and Special Provisions Section 9) ---··········· .. ····-·---·········-···-················· $ · ···-···············
·
·· .. -· ... -............. _ ······················ ...... .

PERLF
Public Works Department
$ /5/d'O

6. 7.

No.

1. Concrete Rehabilitation
Proiect 293
4 EA
Proposal Bid Sheet
Remove Tree -4" - 8" DBH (Section 300.1 and Special
.
............................................................... ,,, .. ,,, .. ,,,, ............................................................ ............................. .

Provisions Section 9)
·---....................................................................................................... __ _ PEREA ---············ ........ , _______ _ -------......... ................ ........................... .............. .......................... ..

Remove Tree -9" - 13" DBH (Sect -ion 300.1 and Spec ial ----....................... . 8 EA Prov isions Section 9) ·············••••· ............................... ____ ,,.,,, ... , ..................................................................... .

PEREA
TOTAL ADDITIVE BID PRICE #1: $. __ {p_5-'--,1_7_8"_0_,_'° ___________ _ TOTAL
� &:t�
ADDITIVE BID PRICE #1 IN WORD
Twt!�
S: �it
� �
h -n ve r�,
u-ts
�
(Please Print Total Amount of Bid in WORDS)
Quantity Unit
ADDITIVE BID #2
Districts 27
Items of Work Unit
Price
Dollars
Total
Mobilization (Sect ion 9-3.4 and Special Provisions
--+---............... ""·--················· .. ,, ................ ......... , ........................................................................ ..................... ............................................. ........................................... . (Please Print Unit Prices Written in Words)
1 LS :::�§.i�
.
�
.
. �t ...
.....
...............
..............
.
.. ::::::::::::::::: .
.
....
....
.....
.............
.
.
.
......
.
...........
......
(Not to exceed 5% of total bid amount excepting Item 1) PER LS . ::::: $ lfo7J(} $ L/07TO ........................................................... ··---.............. -:-:c----:----:-::c······ .................. ··················· .. ···--·············· ...................................................... ............................................. ........................................... .

Traffic Control (Section 600)

2. 3.
1 LS
........................................................................................ ............................ $ lfOoo $ 't,000 PER LS
·r----···"···"··· ............................... -............................... . ............... ............... ............................ ··············-- Remove and Replace PCC Sidewalk (201-1, 303 and 3,294 SF
:---···· .. ···· ................................................................................................................................ ..

Special Provisions Section 9) $
PER SF
................... ............................ ·-+--······ .. ··· .. ···· .................................................................................................. . ___ .............. ........................................... .

Remove Tree - 4" - 8" DBH (Section 300.1 and Special

6. 5 EA
..................... ·-----··············· ................... ............................................................ .. .. �.��i
�!.?..��.�.:�.i
.?..� ... ?.>. ..... ........................ .... ------····........... $ (p 32. $0 PEREA
................... .............. ........................ ............................. ............... ____ ................................................. .................................................................... ............................................. ........................................... .

Remove Tree - 9" - 13" DBH (Section 300.1 and Special

7. 8.
6 ........................................ . ................................ .

EA Provision� .. �.:�.i
.?..� ... �>. ........................................... _____ ........ $ t I z). 2 5 $ r, 7 27. So PEREA ·t----········"···· ................. __ ·-----................................................................................................. ............................................. ...,_ __ _ Remove Tree -14"+ DBH (Section 300.1 and Special
................................................... , __ _ ---········· ...................................... .. 9 City of Cypress
Public Works Department
No.

1. Concrete Rehabilitation
Project 293
Proposal Bid Sheet
TOTAL ADDITIVE BID PRICE #2: $. __ q_1_1 _5_'-t_._s_0 ___________ _ TOTAL ADDITIVE BID PRICE #2 IN WORDS: _/V,_r�
�
_ _,__-_Oh.e. ___ 't"._� ____ ,,..__CJXA-__ _
f:ifry-� �evt� -w,(.. AC'] c.,,,..,t-s
{Please Print Total Amount of Bid in WORDS)
Quantity Unit
ADDITIVE BID #3
District 28
Items of Work
(Please Print Unit Prices Written in Words)
Mobilization (Section 9-3.4 and Special Provisions
Unit
Price
Dollars
Total
t-----···································· ....... __ _ 1 LS
... �.:�.ti
.�� .. �t .................. .. __ ..... .............................. ............................ $ 4000 $ 1./-000 ---r-- (Not to exceed 5% of total bid amount excepting Item 1) PER LS .
.............................
. ··-- ·1----·········· ....
...................... ____ ........................................................ .................. ................... ___ .....................
..
... ..

Traffic Control {Section 600)

2. 1 Ls r------· .. ··· ............................ ___ .... ...............
....
...........
...
.. ................
.. s 4000 $ 4-otJo
PER LS
................... ......
.......
...........................
.
.......
....
.
............. ............................ .................................................................... .
......................................................................... ........... ·---....... .......................................... ..

Remove and Replace PCC Sidewalk {201-1, 303 and

3. 1,737 SF
,----.. ·······
···
·
·····••• ..... ,, .. ,,,, . _ ----....
......
.......
....................................
. ..

Special Provisions Section 9) $
PER SF
$ 31 J.t,fe,
.....
..
.
..
..
...
..
...
.
...................................... ............................. .-____ .................................. ·----··················· .... ..........
.... , ____ .....................
. ___ ........................... .

Remove and Replace PCC Curb and Gutter
.........
.
............. ..................
.......
............ ___ .....
..................
...
......
..
...............................
...
..
..... .

4. 300 LF
..... <_Sect _ _
io_
n _
30_
3 _�� ... ��!
.�.1 .. _Pr_o
_
vi
_
si
_
on_
s _
S_
e
.��.� .. �} .......... ----1 $ ff) $ ;11000
PERLF
.................
.....
.
....
.....
.
.
......................... ...
......................... ......................... .................... .
........................................... ....................... ............................
..
........... ............. ............................................. ............. , ....... ............
.......... .

6. 7

7. 4
Remove Tree - 4" - 8" DBH (Section 300.1 and Special
1----...................................... .. ..

EA .... �.r.?..�!�.'.?..�.�···�·�·i·?,·�··?�...... ... ........................ .......................................................... $ {p 3 2 . '> 0 $ lf t/ 2-7. {o PEREA
·----!······ ....
....
.
.....
........... ......................
......
... --............................
.
..
.........
..............................
..
.
......... .......
.....
......
.
.............
.
........
....
....................
.....
......
............ .

Remove Tree -9" - 13"+ DBH (Section 300.1 and
r-----············· .. ···················------ EA Special Provisions Section 9) PEREA
.
..
..
.............. ............................
............ ·····----1 ----· .. ·
··············
··
·· ...
.....
..........................
.
.
.
.. ___ , ............
................
.....
.....
...... . ---···· ········--···--·· .. ···············--··--· ...

8. Remove Tree-14"+ DBH (Section 300.1 and Special
3 EA
······················---········· .................... ______ . ., .................. ---t Provisions Section 9)
PEREA
TOTAL ADDITIVE BID PRICE #3: $ ::,. 3 13&, · 0-0 ·--------------------- TOTALADDITIVEBID PRICE#31NWORDS: �-� T�.
tcA· � � f/,,t..·rt,, -.>,-')(: �If OlKS � � a;:::,f.s;-· Dol � lars
{Please Print Total Amount of Bid in WORDS)
City of Cypress
Public Works Department
No.

Concrete Rehabilitation
Proiect 293
Quantity Unit
ADDITIVE BID #4
District 33
Items of Work
(Please Print Unit Prices Written in Words)
Proposal Bid Sheet
Unit
Price Total
................... ........................................ .. ......................... ,, __ _ ......................................................................... ...................... ............................................. ......... __ _

1. 1 LS
Mobilization (Section 9-3.4 and Special Provisions
................................... .......................................................................... ·---.........J Section 9) $ 3 (llll) .. ................................................................ ---··································· (Not to exceed 5% of total bid amount excepting Item 1) PER LS ................... ........................................ ......................... ,... ................................... ···············•••••• ............................................................... ,, ... ............................................. ........................................... .

Traffic Control (Section 600)

2. LS
······················•····•························· ............. ___ _ .................................... ................................................................................ . .. $ 3tJlJlJ PER LS
................... ................ ...................... ............................ ·----.............................................................................. ---························ ····· ........................................ .. ___ _ Remove and Replace PCC Sidewalk

3. 877 SF (201-1, 303 and Special Provisions Section 9) ........................................................................ ___ _ PER SF
TOTAL ADDITIVE BID PRICE #4: $ ·--------------------- ,J �.., s 'fO. of)

TOTALADDITIVEBID
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City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293
I Total BASE BID PRICE:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICE #1:

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Total ADDITIVE BID PRICE #2:

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Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

Total BASE BID PRICE plus
Total ADDITIVE BID PRICES #1 through #3:

Total BASE BID PRICE:

Total ADDITIVE BID PRICE #1:

Total ADDITIVE BID PRICE #2:

Total ADDITIVE BID PRICE #3:

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Proposal Bid Sheet
1 s 9¢7080. ,y)
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The Total Amount of Base Bid and Additive Bids stated above shall include all work and cost for work as specified on the project plans and delineated in the project specifications and all other incidental and appurtenant work that is necessary to complete the specific items of work including Bidder's overhead and mark-up, purchase of materials, taxes, transportation, permit fees, and all other costs made necessary by the Contract Documents to provide the City of Cypress with a complete operational facility meeting the approval of the City of Cypress and other agencies having jurisdiction over the project.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project293
Proposal Bid Sheet
WEEKEND WORK: Any work adjacent to schools shall be performed during the weekend in coordination with the City Engineer.

CONTRACT TIME: It is understood and agreed that the time limit for the completion of the above work shall be within THIRTY (30) working days of the commer:icement date given on the Notice to Proceed, and that required overtime and other costs are a part of the bid as noted above.

City of Cypress
Public Works Department
Concrete Rehabilitation
Project 293

PROPOSAL
CITY OF CYPRESS PROJECT 293
The undersigned bidder affirms that he/she:

Thursday, April 28, 2022, at 11 :00 A.M.
d. Is aware that the City of Cypress reserves the right to reject any and all proposals. e. Has submitted with this proposal a certificate showing proof of participation as a signatory to a recognized apprenticeship and/or training program, if required. f. Has attached to this Proposal Cash, or a Cashier's Check or Certified Check in favor of the City of Cypress, in an amount equal to at least ten percent (10%) of the total bid, or a Bid Bond for said amount in the form furnished by the City, with the understanding that said security shall be held by the City until the Agreement for doing the work has been entered into that said security shall be forfeited to the City as liquidated damages should the undersigned fail to enter into a contract and furnish the required bonds and insurance within the time specified in the Contract Documents, if awarded the Contract; and the undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine.

Please indicate whether proprietorship, corporation or partnership and any use of fictitious business name: llD Corporation □ Partnership □ Proprietorship
DATED: 04/19/2022
FIRM NAME: CT&T Concrete Paving Inc.

FIRM ADDRESS: 324 S. Diamond Bar Blvd, PMB 275, Diamond Bar, CA 91765 City of Cypress
Public Works Department
Concrete Rehabilitation
Proiect 293
Proposal
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

If a partnership, name and signature of at least one General Partner.

If a corporation, names and signatures of President or Vice President, and the Secretary or Assistant Secretary.

NAME AND SIGNATURE:

Jose Carvajal, President
Printed Name and Title ignature
NAME AND SIGNATURE:

Jose Carvajal, Secretary
Printed Name and Title
NAME AND SIGNATURE:

Printed Name and Title Signature
Contractor's License No.: 875627
·----------
Expiration Date: 04/30/2024 ·------------
City of Cypress
Public Works Department
1935 Chicago Avenue
Unit A
Riverside, CA 92507
www.trccompanies.com
May 09, 2022
Neema Ghanbari
Associate Engineer
City of Cypress
Engineering Division
5275 Orange Avenue
Cypress, CA 90630
Subject: Task Order for Construction Inspection, Concrete Rehabilitation, Project 293 Dear Mr. Ghanbari:

Vali Cooper and Associates, Inc. is pleased to submit this proposal to provide professional services for the Task Order for Construction Inspection, Concrete Rehabilitation, Project 293, in accordance with Attachment "A" - Scope of Services and Attachment "B" - Schedule of Compensation.

If you should have any questions, please feel free to give me a call at (714) 328-0057.

Sincerely,
Vali Cooper & Associates Inc.

David Sluga, PE, QSD/QSP, ToR
Project Manager
Attachment "A" - Scope of Services
Attachment "B" - Schedule of Compensation
1935 Chicago Avenue, Unit A  Riverside, CA 92507  (951) 788-6028 Attachment A
Scope of Services
The Scope of Work for Concrete Rehabilitation, Project 293, is as follows:

A-1 Construction Inspection
Attachment B
Schedule of Compensation
TASK ROLE 2022 Hours Rate Cost
Feb Mar Apr May Jun Jul
Submittals David Sluga 4 4 $206.00 $ 824.00
Inspection Warren Williams 64 80 144 $176.00 $ 25,344.00 148 $26,168
Assumptions Used:

1. Construction Starts June 2022, for 30 working days. This cost proposal is for part-time or intermittent inspection
Notes:

1. All rates include base pay, fringe benefits, overhead, fee and basic field equipment including vehicles, laptops, cell phones, safety gear and hand tools.

2. Includes updated rate for Inspector, Warren Williams, to comply with prevailing wage requirements.

3. All hours are billed in conformance to the California Labor Code and prevailing wage requirements.

4. Client will be billed only for hours worked.

5. Contract time may be extended by weather or unforeseen delays during construction, if so, cost proposal may need to be re-visited.

Concrete Rehabilitation Contract Agreement
Project 293

CONTRACT AGREEMENT
PROJECT 293
THIS AGREEMENT, made and entered into this ___ day of , in the year 20, by and between the City of Cypress, a Municipal Corporation, organized and existing in the County of Orange under and by virtue of the laws of the State of California and said City's charter, hereinafter designated as the "City", to enter into the contract for the construction of the project entitled CONCRETE REHABILITATION– PROJECT 266, and the contractor, CJ Concrete Construction Inc. 10142 Shoemaker Avenue, Santa Fe Springs, CA 90670 hereinafter designated as the “Contractor”.

WITNESSETH: That the parties hereto have mutually covenanted and agreed for other good and valuable consideration the receipt of which is hereby acknowledged, and by these presents do covenant and agree with each other as follows:

Article I
The Contract Documents consist of the Invitation for Bids, the Instructions to Bidders, the Bid Security Forms for Check or Bond, the Price Schedule, this Agreement, the Faithful Performance Bond, the Labor and Materials Bond, the Non-Collusion Affidavits, the Specifications, the most recent version of the “‘Greenbook’ Standard Specifications for Public Works Construction” (the “Greenbook”), the most recent version of the City of Cypress’ supplement to the Greenbook (the “Brown Book”), the Drawings, and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretation of any said documents, and any and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated herein by this reference and made a part of this Agreement as truly as if fully set forth herein. The Brown Book shall control over any conflicting specifications herein, if any.

Article II
For and in consideration of the payments and agreements to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide for the construction of the project entitled CONCRETE REHABILITATION PROJECT 266, together with appurtenances thereto, for which award of contract was made, to furnish at his/her own proper cost and expense all tools, equipment, services, labor, and materials necessary therefore, and to do everything required by said Contract Documents.

Article III
For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature; furnishing and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with the work, also for all expenses incurred by or in consequence of the suspension of discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said Documents and in accordance with the requirements of the Engineer under them; the City will pay and the Contractor shall receive in full compensation therefore the price set forth by him in the Accepted Bid.

Article IV
The Contracting Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and said parties for Concrete Rehabilitation Contract Agreement
Project 293
themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

Article V
No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until the City has given a Notice to Proceed to the Contractor. The Contractor shall commence work within ten working days after said notice is given.

Article VI
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(i) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(ii) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (iii) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

Article VII
Contractor has represented to City that Contractor possesses a valid State Contractor's license appropriate to the work to be performed under this contract. If Contractor does not possess or fails to maintain the appropriate contractors' license during the entire term of Agreement, City may summarily terminate this Agreement, withhold funds due Contractor or seek reimbursement of funds paid, and recover from Contractor any and all costs incurred by City in completing the contract which was in excess of Contractor's bid.

Concrete Rehabilitation Contract Agreement
Project 293
Article VIII
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.

Article IX
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

Article X
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

Article XI
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

Article XII
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

Article XIII
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Article XIV
Concrete Rehabilitation Contract Agreement
Project 293
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

Article XV
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Article XVI
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Article XVII
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.

Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Article XVIII
The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Concrete Rehabilitation Contract Agreement
Project 293
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

CITY OF CYPRESS, CALIFORNIA
Contractor's Name
Mayor
Title:
(Signature Must Be Notarized)
Attest:

City Clerk of the City of Cypress
Title:
(Signature Must Be Notarized)
City Attorney has approved this agreement as to form. (Agreement cannot be accepted from corporations without signatures from (2)
corporate officers.)
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Approve Plans and Specifications and Award Contracts for the Street Rehabilitation, Project 313

RECOMMENDATION

1. Approve Plans and Specifications for the Street Rehabilitation, Project 313; and

2. Award a contract to American Asphalt South Inc., Riverside, CA, for $337,925.45, and authorize a contingency of $51,000; and

3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for $39,637 and authorize a contingency of $6,000.

DISCUSSION
Many projects within the Capital Improvements Program (CIP) are part of a regular multi-year program to ensure City infrastructure is adequately funded and maintained. The residential street resurfacing project and the arterial street rehabilitation projects are both part of the annual CIP to ensure proper street maintenance.

Slurry seal is typically applied to individual streets every five to seven years. This process creates a moisture barrier/weatherproofing layer that prevents damage to the underlying street pavement but does not provide any structural improvement. This project will slurry seal various residential and arterial streets, including Denni Street (Orange Avenue to Lincoln Avenue) and portions of Holder Street, consisting of over 10 lane miles of pavement (see attached).

On April 19, 2022, the City received three bid proposals for the project with American Asphalt South Inc. as the low bidder. TRC, the City’s on-call construction manager, will inspect the project. A summary of project award information is attached.

BUDGET IMPACT
The estimated construction and construction management costs for the project are The estimated construction and construction management costs for the project are $434,562.45 and sufficient amounts are budgeted in the City Capital Projects Fund and Road Maintenance and Rehabilitation Act (RMRA) Fund.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Location Map
Award Information and Bid Proposals
Task Order
Contract Agreement

Project Award Information Checklist
Description of Project:

Slurry Seal over 10 lane miles of pavement along various arterial and residential streets.

Contract Working Days:

Orange County Register
Publication Date:

Notice Inviting Bids Sent to:

Bid Opening Date:

No. of Bid Packets Purchased:
25 working days
April 5, 2022
The Orange County Register, F.W. Dodge, Reed
Construction Data, Construction Bid Board, Southern
California Builders Association, Association General
Contractors of America
April 19, 2022
Sixteen (16)
Bidders Amount

1. American Asphalt South Inc., Riverside, CA $337,925.45

2. All American Asphalt, Corona, CA $358,479.00

3. Roy Allan Slurry Seal Inc., Santa Fe Springs, CA $359,565.49 Apparent Low Bidder: American Asphalt South Inc., Riverside, CA – $337,925.45 Qualified to Perform Work: Yes. Staff confirmed bid was responsive.

Contractor’s License: Registration with DIR:

Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: Yes
Experience:

The apparent low bidder has performed this type of work for multiple government agencies in Southern California.

Construction
Management/Inspection Firm:

TRC (Vali Cooper & Associates)
On-Call Contract Date: June 12, 2017
Amount of Task Order: $ 39,637

1935 Chicago Avenue, Unit A  Riverside, CA 92507  (951) 788-6028 1935 Chicago Avenue
Unit A
Riverside, CA 92507
www.trccompanies.com
April 29, 2022
Alexandru Bangean
Project Manager
City of Cypress
Engineering Division
5275 Orange Avenue
Cypress, CA 90630
Subject: Task Order for Construction Inspection and Materials Testing, Street Rehabilitation, Project 313
Dear Mr. Bangean:

Vali Cooper and Associates, Inc. is pleased to submit this proposal to provide professional services for the Task Order for Construction Inspection and Materials Testing, Street Rehabilitation, Project 313, in accordance with Attachment "A" - Scope of Services and Attachment "B" - Schedule of Compensation.

If you should have any questions, please feel free to give me a call at (714) 328-0057.

Sincerely,
Vali Cooper & Associates Inc.

David Sluga, PE, QSD/QSP, ToR
Project Manager
Attachment "A" - Scope of Services
Attachment "B" - Schedule of Compensation
Attachment A
Scope of Services
The Scope of Work for Street Rehabilitation, Project 313, is as follows:

A-1 Construction Inspection and Materials Testing
Attachment B
Schedule of Compensation
Assumptions Used:

1. Construction Starts June 2022, for 25 working days. This cost proposal is for part-time or intermittent inspection
Notes:

1. All rates include base pay, fringe benefits, overhead, fee and basic field equipment including vehicles, laptops, cell phones, safety gear and hand tools.

2. Includes updated rate for Inspector, Warren Williams, to comply with prevailing wage requirements.

3. All hours are billed in conformance to the California Labor Code and prevailing wage requirements.

4. Client will be billed only for hours worked.

5. Contract time may be extended by weather or unforeseen delays during construction, if so, cost proposal may need to be re-visited.

TASK ROLE 2022 Hours Rate Cost
Mar Apr May Jun Jul
Submittals David Sluga 8 8 $206.00 $ 1,648.00
Inspection Warren Williams 76 74 150 $176.00 $ 26,400.00 Materials Ninyo & Moore $ 11,589.00
158 $39,637
Street Rehabilitation
Pro·ect 313

CONTRACT AGREEMENT
CIP PROJECT NO. 313
Contract Agreement
THIS AGREEMENT, made and entered into this __ th day of _____ , in the year 20_, by and between the City of Cypress, a Municipal Corporation, organized and existing in the County of Orange under and by virtue of the laws of the State of California and said City's charter, hereinafter designated as the "City", to enter into the contract for the construction of the project entitled Street Rehabilitation , Project 313, and the contractor,, ____________________ hereinafter designated as the "Contractor''.

Article I
The Contract Documents consist of the Invitation for Bids, the Instructions to Bidders, the Bid Security Forms for Check or Bond, the Price Schedule, this Agreement, the Faithful Performance Bond, the Labor and Materials Bond, the Non-Collusion Affidavits, the Specifications, the most recent version of the '"Greenbook' Standard Specifications for Public Works Construction" (the "Greenbook"), the most recent version of the City of Cypress' supplement to the Greenbook (the "Brown Book"), the Drawings, and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretation of any said documents, and any and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated herein by this reference and made a part of this Agreement as truly as if fully set forth herein. The Brown Book shall control over any conflicting specifications herein, if any.

Article II
For and in consideration of the payments and agreements to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide for the construction of the project entitled STREET REHABILITATION, Project 313, together with appurtenances thereto, for which award of contract was made, to furnish at his/her own proper cost and expense all tools, equipment, services, labor, and materials necessary therefore, and to do everything required by said Contract Documents.

Article Ill
For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature; furnishing and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with the work, also for all expenses incurred by or in consequence of the suspension of discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said Documents and in accordance with the requirements of the Engineer under them; the City will pay and the Contractor shall receive in full compensation therefore the price set forth by him in the Accepted Bid.

Article IV
The Contracting Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at City of Cypress
Public Works Department
Street Rehabilitation
Pro·ect 313
Contract Agreement
the time, in the manner, and upon the conditions set forth in the Contract Documents, and said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

Article VI
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(i) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith;
(ii) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (iii) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

Article VII
Contractor has represented to City that Contractor possesses a valid State Contractor's license appropriate to the work to be performed under this contract. If Contractor does not possess or fails to maintain the appropriate contractors' license during the entire term of Agreement, City may summarily City of Cypress
Public Works Department
Street Rehabilitation
Pro·ect 313
Contract Agreement
terminate this Agreement, withhold funds due Contractor or seek reimbursement of funds paid, and recover from Contractor any and all costs incurred by City in completing the contract which was in excess of Contractor's bid.

Article VI 11
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.

Article IX
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

Article XI
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer.

Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

Article XI 11
City of Cypress
Public Works Department
Street Rehabilitation
Pro·ect 313
Contract Agreement
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Article XIV
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

Article XVI I
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation.

The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5.

Article XVIII
City of Cypress
Public Works Department
Street Rehabilitation
Pro·ect 313
Contract Agreement
The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

City of Cypress
Public Works Department
Street Rehabilitation
Pro·ect 313
Contract Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

CITY OF CYPRESS, CALIFORNIA
Mayor
Attest:

City Clerk of the City of Cypress
City Attorney has approved this agreement as to form.

City of Cypress
Public Works Department
Contractor's Name
Title: ______________ _
Title: ______________ _
(Agreement cannot be accepted from
corporations without signatures from (2)
corporate officers.)
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Award a Contract for Graffiti Removal Services

RECOMMENDATION
Award a two-year contract to Superior Property Services for Graffiti Removal Services for $225,000 with an option for up to three, one-year extensions.

DISCUSSION
Public Works is responsible for removing graffiti on public property, parks and the street right of way. The current five-year contract with Superior Property Services (SPS) for graffiti removal services will expire in November. Public Works solicited bids in December to secure prices in advance of the annual budget process. The lowest responsible bidder was SPS. In addition to Cypress, SPS has performed this type of work for many cities, including Anaheim, Irvine and Santa Ana.

The bids are based on the general quantity of hours for one and two-person removal crews and surveys to locate graffiti. This method provides flexibility to develop work plans, alter schedules and adjust quantities to meet service needs throughout the year. An estimate of the quantities and unit costs is attached. These estimates are based on average needs over the last several years and are expected to remain consistent during the upcoming contract term. The recommended contract has a duration of two years with an option for up to three, one-year extensions.

BUDGET IMPACT
The FY 2022-23 Proposed Budget includes $112,500 in the General Fund for graffiti removal along the public right-of-way and at City parks and annual contract service needs are expected to be within budget.

LEGAL REVIEW
The City Attorney has reviewed and approved the contract to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Award Information and Bid Proposals
Estimated Annual Work Plan
Agreement
Award Information – Graffiti Removal Services
Description: The project scope provides graffiti removal services throughout the City.

Project Location: City street right-of-way, parks, facilities and privately owned walls adjacent to City property.

Bid Opening Date: December 15, 2021
Contract Working Days: Initial term not to exceed two (2) calendar years, with the City’s sole discretion to extend the initial term for three (3) extended terms of one (1) additional calendar year each. No increases, including Consumer Price Index increases shall be sought by the Contractor or allowed by the City during the maximum term length of five (5) years.

Bidders Annual Bid Amount*

1. Superior Property Services, Inc. $ 135,460

2. Woods Maintenance Services, Inc. dba Graffiti Control Systems $ 152,292

3. Urban Graffiti Enterprises, Inc. $ 165,048
* Bids based on a certain number of hours and quantities.

Apparent Low Bidder: Superior Property Services, Inc.

Qualified to Perform Work: Yes, staff confirmed bid was responsive.

Contractor’s License Registration with DIR
Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: N/A
Experience: The apparent low bidder has performed this type of work for multiple government agencies in Southern California, including Cypress since 2017.

Estimated Annual Work Plan
Item
No.

Description Estimated
Quantity
Unit Cost Units Total
1 Routine Graffiti Abatement
(1 person crew)
1,105 $ 90.00 Hourly $ 99,450
2 Routine Graffiti Abatement
(2 person crew)
52 $135.00 Hourly $ 7,020
3 Routine Graffiti Survey (1
person crew)
25 $ 75.00 Hourly $ 1,875
4 Emergency Graffiti
Abatement (1 person
crew)
25 $135.00 Hourly $ 3,375
5 Repaint Block Wall (per
square foot)
1,200 $ 0.60 Square
Foot
$ 720
Total Annual Estimated Cost $112,440

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Award an On-Call Contract for Traffic Control Services

RECOMMENDATION
Award a contract services agreement for on-call traffic control services to Southern California Barricades.

DISCUSSION
Periodically, the Public Works department needs additional resources for traffic control set up for special events such as the 5/10k run. An on-call contract for these service will provide the City with the flexibility to implement a wide scope of traffic control and provide high quality services for special events, emergencies, and on an as-needed basis.

Public Works issued Requests for Proposals to fifteen contractors and posted it on the City website. Southern California Barricades, a Cypress-based company, was the only contractor that submitted a proposal and was selected by a qualification-based procedure. Public Works, Recreation and Community Services, and the Police Department personnel interviewed Southern California Barricades and determined they were highly qualified.

Southern California Barricades has done similar work for over 30 years, including marathons and 5/10k runs in the cities of Los Angeles, San Diego, Carlsbad, Mission Viejo and Cypress in 2019.

The initial term of the on-call contract is three years with an option for two one-year extensions. Prior to starting any new services for a particular project, the contractor will provide a scope of work, project schedule, and cost proposal for review. If the proposal is approved, a task order will be issued within budgetary authority.

BUDGET IMPACT
Sufficient budget appropriations must be available prior to the approval of a task order for any on-call traffic control services.

LEGAL REVIEW
The City Attorney has approved this agreement as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Contract Services Agreement
Qualifications

From: Marizela
5930 Lakeshore Drive Phone:

Cypress, CA 90630 Fax:

License #786758 Email: [email protected]
DIR# 1000861326 www.scbarricades.com
TO: City of Cypress Quote # 22-04111
Attn. Public Works Department Page 1 of 1 Date
Phone
Request For Statement of Qualifications & Request For Proposals Ext.

Email
We propose to furnish labor, material and equipment in strict accordance with the plans and specifications as follows:

Project Name: On-Call Traffic Control Contract Services Project Location: Cypress, California
3b. History and Qualifications
Southern California Barricades, Founded 1990, Incorporated 1994.

Located in Long Beach to 1995, Buena Park to 2011, Currently operating in Cypress.

Owner, James D. Sprinkel
Located in Cypress, California, Southern California Barricades is engaged in the business of providing temporary work zone traffic control equipment and devices for construction projects and special events.

The majority of construction related traffic control work is performed for contractors on roads, streets, and highways.

The majority of special event related traffic control is performed for special event producers.

See partial client list below
Recent public agencies include:

City of Los Angeles, Outdoor Dining Project, Jaclyn Garcia - [email protected] City of Los Angels Fire Department, COVID Testing And Covid Vaccination Sites, Brian LaBrie - [email protected] City of West Hollywood, Outdoor Dining Project, Tara Worden - [email protected] City of Hermosa Beach Chamber of Commerce, St. Patrick's Parade & Fiesta Hermosa, Mike Bell - [email protected] All personnel are trained to have a thorough knowledge and understanding of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and the Work Area Traffic Control Hanbook (WATCH).

Project Mangers Experience - 15 to 30 years
Field Supervisors Experience - 8 to 15 years
Design Experience - 20 years
Special Event Producers In Conjunction With Public Agencies (partial list) Los Angeles Marathon - 20 years
Rose Bowl Half Marathon - 5 years
San Diego Rock n' Roll Marathon - 8 years
La Quinta 70.3 Ironman - 3 years
Carlsbad 5000 - 10 years
Los Angeles Kings 5K/10K (Redondo Beach) - 4 years
Orange County Triathlon (Mission Viejo) - 15 years
Fiesta Broadway (Los Angeles) - 5 years
KNOWLEDGE * SAFETY * PERFORMANCE
(714) 676-8460
(714) 763-4308
April 13, 2022
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Award a Professional Services Contract for Arnold Cypress Park Rehabilitation, Project 308, Constructability Review

RECOMMENDATION
Award a professional services contract to Griffin Structures for $86,065, and authorize a contingency of $8,600.

DISCUSSION
Built in 1949, Arnold Cypress Park is the oldest park in Cypress and the long-time home to Cypress Girls Softball. The 14.55 acre park was originally seven acres and expanded to its current size in 1963. Park amenities include four softball fields, a picnic shelter, BBQs, playground equipment, restrooms, a basketball court, two concession stands, a community room, and six pickleball courts. The City Council awarded a design contract to MIG in February and prior to this action conducted extensive community outreach about the project.

While the park's redesign is anticipated to take 12 months, a preliminary design (with project scope and cost options) should be ready for City Council consideration in the summer/fall of 2022.

Project of this size will present many challenges during construction, design and bidding.

Public Works recommends partnering with outside expert during the design process and to perform a constructability and cost review. Constructability reviews identify key issues and obstacles prior to construction and often eliminate errors, omissions, conflicts, and/or ambiguities in the plans and specifications that can lead to unexpected costs or expensive change orders.

In February, Public Works issued a Request for Proposals (RFP) (attached) and a qualifications-based process to identify the most qualified firm. Once a firm is identified as the most qualified, its sealed cost proposal is opened, evaluated and negotiated. If an agreement cannot be reached, the next most qualified firm's cost proposal is opened and the process continues. Unopened cost proposals are returned to the proposers after award to ensure the integrity of the process. Basing selection on qualifications and competence results in greater creativity and flexibility, and minimizes the potential for disputes and litigation. It is also the method required for all federal projects and is recommended by the American Public Works Association. The process has successfully been used for the design of all City capital improvement projects, including the Police Station modernization and Lexington Park.

The RFP identified key tasks including design coordination, constructability review, bid coordination, construction management, and inspection services. Proposals were solicited from seven firms; Public Works and Recreation and Community Services interviewed the three firms that responded and recommend Griffin Structures (Griffin). Griffin has extensive experience performing constructability reviews and has managed the construction of multiple sports parks for various local agencies, including the Lakewood Sports Park and Escencia Sports Park in Mission Viejo. In Cypress, Griffin provided construction management services for Mackay Park and Lexington Park.

BUDGET IMPACT
Design coordination and constructability review service costs will not exceed $94,665 and sufficient amounts are included in the District's General Fund capital project budget for the design of Arnold Cypress Park.

LEGAL REVIEW
The City Attorney has approved the agreement as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Agreement for Contract Services
Qualifications

CITY OF CYPRESS

PROPOSAL TO PROVIDE

CONSTRUCTION MANAGEMENT FOR

ARNOLD CYPRESS PARK REHABILITATION
FEBRUARY 25, 2022
City of Cypress Public Works Department | 02-25-2022
Construction Management for Arnold Cypress Park Rehabilitation Ardurra offers an experienced team that is responsive, flexible, helpful, financially responsible, and quality-conscious.

TABLE OF CONTENTS
Cover Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1: Firm Organization, Credentials, Background . . . . . . . . . . . . . . . . . . . . . . . 3 Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Organization Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2: Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Relevant Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 3: Project Understanding and Management Approach . . . . . . . . . . . . . . . . 26 Cost Proposal: Provided in a separate password-protected PDF El Segundo | Long Beach | Newport Beach | Sacramento | San Diego | San Jose | www.ardurra.com February 25, 2022
City of Cypress
Engineering Division
Public Works Department
Attn: Nick Mangkalakiri, PE, Assistant City Engineer
5275 Orange Avenue
Cypress, CA 90630
SUBJECT: PROPOSAL TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT, INSPECTION, AND RELATED SERVICES

FOR THE ARNOLD CYPRESS PARK REHABILITATION PROJECT
Dear Mr. Mangkalakiri,
Ardurra appreciates this opportunity to present a team of highly qualified construction management (CM), inspection and other required professionals for this very important 14.5-acre park project that will provide a host of important recreational activities to City residents and be a vibrant enhancement to the existing park that has exceeded its design life. Our team members have experience working on park projects with both local and regional significance and understand first-hand the issues that are unique to park projects.

By selecting the Ardurra team, the City of Cypress will be partnered with:
aConstruction Manager, John Wolitarsky, CCM, who will lead the Ardurra team and ensure that CM and all other required professional services as outlined in the project RFP are delivered to the City’s satisfaction. Over the course of his career, John has provided CM services for more than 50 acres of parkland projects, inclusive of mass grading, offsite improvements, new playgrounds, baseball fields, trail systems, restrooms, and other park-related amenities. In addition, John has provided constructability review, collaborated with other design professionals, and coordinated cost estimation services on several high-profile projects across Southern California. John will report directly to the City’s designated Project Manager for this project, and he is well-versed with the inner structure of the City having recently provided CM services for the Police Department Modernization Project. He will be assisted by Adam Banihamed and other project staff who will provide office support as may be required throughout the various phases of this project. aLead Inspector, Chip Vanderbeek, QSP, will undertake full-time inspection duties and will be tasked with all inspection services outlined in the City’s RFP. Chip has an impressive and diverse background that will be of great value to the successful delivery of this project. Chip has inspected several park improvement projects, including sports complexes. Not only does he have keen technical skills and provides comprehensive daily reports , but he is adept at public outreach as well. His experience with street and utility inspection along with being a qualified SWPPP practitioner and QSP will ensure that nothing is overlooked on this project and that all required standards are being upheld.

He is also well-versed with the requirements of the State Water Resources Control Board. His unique set of skills and experience as the inspector of record will ensure that the project is constructed per the plans and specifications.

Page 2 ends

Cypress City CouncilMay 23, 2022

Cypress City Council
May 23, 2022