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AMENDED AGENDA
REGULAR MEETING
CYPRESS CITY COUNCIL
April 10, 2023
4:00 P.M.
www.cypressca.org
5275 Orange Avenue
Cypress, California
Interested in speaking to the City Council? Information about participating in the City Council meeting appears at the end of the agenda.
AGENDA AMENDMENTS
Agenda Item No. 1 - Public comment letter from Warland Investments Company attached.
Agenda Item No. 12 - 'VVS Rate Adjustment Letter' attachment updated to correct a typographical error.
NOTICE
Pursuant to Government Code Section 54953(b), this Regular City Council Meeting includes teleconference participation by:
Mayor Pro Tem Scott Minikus from W Chicago - City Center, 172 W Adams Street, Chicago IL 60603
CALL TO ORDER
4:00 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 Anne Hertz-Mallari
Mayor Pro Tem Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat
ORAL COMMUNICATIONS ON CLOSED SESSION/WORKSHOP ITEMS
(Limited to 30 minutes - three minutes per speaker. The City Council may adjust the time allotted per speaker.) The public may address the City Council on Closed Session/Workshop items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.
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 Management Association
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC
Orange County Superior Court
LIABILITY CLAIMS
Pursuant to Section 54956.95
Claimant: Council Member Frances Marquez
Agency claimed against: City of Cypress
RECONVENE
6:00 P.M.
Council Chambers
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Anne Hertz-Mallari
Mayor Pro Tem Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat
INVOCATION
SeaCoast Grace Church
PLEDGE OF ALLEGIANCE
REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney
PRESENTATIONS
National Public Safety Telecommunications Week
ORAL COMMUNICATIONS ON AGENDA ITEMS
(Three minutes per speaker. The City Council may adjust the time allotted per speaker.) The public may address the City Council on agenda items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.
PUBLIC HEARINGS
(Three minutes per speaker.)
The public may address the City Council on public hearing items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first.
Council Members should disclose communications with anyone relevant to a Public Hearing item.
1. Approve a Site Plan Review, Tentative Parcel Map, and Mitigated Negative Declaration for the Goodman Commerce Center at 5757 Plaza Drive Prepared by:
Alicia Velasco, Planning Director
Recommendation:
Adopt Resolutions approving a Site Plan Review and Tentative Parcel Map, and approve a Mitigated Negative Declaration for the Goodman Commerce Center at 5757 Plaza Drive.
2. Approve Conditional Use Permit No. 2023-02 for Eight Apartments at 8561 Belmont Street Prepared by:
Alicia Velasco, Planning Director
Recommendation:
Adopt a Resolution approving Conditional Use Permit No. 2023-03, subject to the attached conditions, and confirm the project is exempt from California Environmental Quality Act requirements.
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.
3. Receive and File Public Comments Submitted for the April 10, 2023 City Council Meeting Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Receive and file submitted public comments.
4. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading
5. Approve Minutes - Meeting of March 20, 2023 and March 27, 2023 Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Approve as submitted.
6. Accept the Arterial Rehabilitation, Project 316
Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
1. Accept the Arterial Rehabilitation, Project 316, in the amount of $1,738,259.02 and approve the final payment of $124,813.14 to Hardy and Harper, Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
7. Adopt a Resolution approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds with CVS, Allergan, Teva, Walmart and Walgreens Prepared by:
Peter Grant, City Manager
Recommendation:
Adopt a Resolution approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds with Teva, Allergan, CVS, Walgreens, and Walmart.
8. Approve an Agreement for Property Management Services for 5121 Myra Avenue Prepared by:
Peter Grant, City Manager
Recommendation:
1. Approve an agreement with PMI Patron Management for property management services at 5121 Myra Avenue for an amount not to exceed $25,000; and
2. Authorize the City Manager to finalize and execute the agreement.
9. Approve a Contract Amendment for Tree Maintenance Services Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
Approve a $36,800 contract amendment to the agreement with Great Scott Tree Services, Inc. for on-call tree maintenance services.
10. Second Reading of Ordinance Amending the Municipal Code to Incorporate City Council Approved Changes to Agenda Structure Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending Sections 2-1 and 2-2, and subsections thereunder, of the Municipal Code relating to the conduct of City Council meetings.
11. Proclaim the Week of April 9-15, 2023 as National Public Safety Telecommunicators Week Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Proclaim the week of April 9-15, 2023 as National Public Safety Telecommunicators Week.
12. Receive the Annual Solid Waste Franchise Consumer Price Index Rate Adjustment Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
Receive the annual solid waste franchise Consumer Price Index rate adjustment.
13. Receive and File the Single Audit Report for the Fiscal Year Ended June 30, 2022 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
Receive and File the Single Audit Report for the Fiscal Year Ended June 30, 2022.
14. Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of March 11, 2023 through March 24, 2023 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
Receive and file the attached payment register summarized below for the period of March 11, 2023 through March 24, 2023:
Electronic Funds Transfers 12806 through 12890
Warrants 61950 through 62069
Payroll Transfers W1498
NEW BUSINESS
15. Approve Non-Profit Grant Awards for Fiscal Years 2023-24 and 2024-25 Prepared by:
Jeff Draper, Director of Recreation and Community Services Recommendation:
Approve $1,466,660 for the Non-Profit Grant Request Program for Fiscal Years 2023-24 and 2024-25.
16. Approve Pandemic Recovert Plan Business Recovery and Support Programs Prepared by:
Alicia Velasco, Planning Director
Recommendation:
1. Approve the first phase of the Pandemic Recovery Plan’s Business Recovery and Support Programs; and
2. Appropriate $365,000 in the General Fund to fund the programs; and
3. Adopt a Resolution approving the donation of General Funds to eligible businesses; and
4. Authorize the City Manager to administer the programs, including entering into agreements, determining eligibility, approving applications, and dispersing funds.
ORAL COMMUNICATIONS ON ITEMS NOT ON THE AGENDA
(Three minutes per speaker. The City Council may adjust the time allotted per speaker.) The public may address the City Council on any item within the subject matter jurisdiction of the City Council. Although Council Members may provide brief responses, the City Council may not discuss nor take action on items that are not on its agenda. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.
ITEMS FROM CITY COUNCIL MEMBERS
17. Discuss and Provide Direction Regarding City Council Consideration of Ordinance No. 1193 on April 24, 2023 Prepared by:
Peter Grant, City Manager
Recommendation:
1. Provide direction regarding the portions of Ordinance No. 1193 the City Council will discuss at its April 24, 2023 meeting.
2. Direct Council Members to provide all proposed changes to the portions of Ordinance No. 1193 that the City Council will discuss at its April 24, 2023 meeting to the City Manager no later than 9:00 AM on Monday, April 17, 2023.
COUNCIL MEMBER REPORTS AND REMARKS
CITY MANAGER REMARKS
ADJOURNMENT - IN MEMORY OF CYPRESS RESIDENT ANDY LACHINA The next meeting will be an adjourned Regular Meeting, to be held on Monday, April 24, 2023, 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 6th day of April, 2023. ________________________________
Alisha Farnell, City Clerk
PUBLIC PARTICIPATION
Members of the public can participate in the City Council meeting in the following ways:
1. Attend In-Person.
First-come, first-served seating is available. All attendees must be free of any symptoms associated with contagious illnesses.
2. Attend Virtually via Webinar.
Follow this link:
https://attendee.gotowebinar.com/register/3617048438971525207 .
Advance registration is recommended.
The public may address the City Council virtually during Oral Communications on Agenda Items/ Public Hearings/ Oral Communications on Items Not on the Agenda. Virtual participants must click the 'hand raise' button prior to the end of the first in-person speaker to indicate they wish to address the City Council. Upon clicking the 'hand raise' button, please unmute your microphone and wait for the Mayor/City Clerk to call on you. = Hand Raise
= Unmute
3. 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 the day of the meeting will be added to the City Council agenda as a Consent Calendar item.
4. Watch the Meeting.
The City Council meeting can be viewed on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive
.
5. Listen to the Meeting.
Listen-only teleconferencing is available by calling (914) 614-3221 and entering Access Code 999-684-558. No registration or audio pin is necessary.
INVOCATION POLICY
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.
AMERICANS WITH DISABILITIES ACT
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.