2021-08-23 129
REGULAR MEETING
CYPRESS CITY COUNCIL
AUGUST 23, 2021
5:30 P.M.
The Cypress City Council conducted this meeting via webinar/teleconference in accordance
with California Governor Newsom's Executive Orders N-29-20 and COVID-19 pandemic
protocols.
Mayor Peat called the meeting to order at 5:30 p.m.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress
Recreation and Park District
Mayor Jon Peat
Mayor Pro Tern Paulo Morales
Council Member Anne Hertz
Council Member Frances Marquez
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton
Planning Director Alicia Velasco
City Clerk Alisha Farnell
ORAL COMMUNICATIONS
None.
CLOSED SESSION
The City Attorney reported that the City Council would meet in Closed Session as follows:
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services
Employee Groups:
• Executive Management
• Mid-Management
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9 (d)(4)
Initiation of litigation —two potential cases
Mayor Peat recessed the meeting at 5:31 p.m.
RECONVENE
Mayor Peat called to order the 7:00 p.m. session of the City Council meeting at 7:02 p.m.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress
Recreation and Park District
Mayor Jon Peat
Mayor Pro Tern Paulo Morales
Council Member Anne Hertz
Council Member Frances Marquez
130
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton
Director of Public Works Doug Dancs
Chief of Police Mark Lauderback
Planning Director Alicia Velasco
Acting Director of Recreation and Community Services Jeff Draper
City Clerk Alisha Farnell
Management Analyst Kirsten Graham
PLEDGE OF ALLEGIANCE Mayor Pro Tem Morales led the Pledge of Allegiance.
INVOCATION Carol Wynder of the Church of Jesus Christ of Latter-day Saints led the
invocation.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session regarding the first item
listed on the agenda, Conference with Labor Negotiator, concerning the Executive
Management and Mid-Management employee groups. He stated the City Council received an
update on the status of those negotiations, provided direction and no further reportable action
was taken.
Regarding the second Closed Session item, initiation of litigation, two potential cases of
litigation were discussed. The City Attorney reported that after discussion of the first item, a
motion was made by Council Member Hertz and seconded by Council Member Marquez, to
direct the City Attorney's office to join in the lawsuit filed by Orange County Council of
Governments against the State Department of Housing and Community Development.
The City Attorney reported that the motion was unanimously carried by the following roll call
vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
The City Attorney further reported that as part of the second potential litigation item the City
Council received an update, held a discussion, and following that discussion a motion was
made by Mayor Pro Tern Morales and seconded by Mayor Peat, to approve the filing of legal
action to have a receiver appointed by the court to address a property having multiple code
violations.
The City Attorney reported that the motion was unanimously carried by the following roll call
vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
PRESENTATIONS
The Director of Public Works and Management Analyst provided a demonstration on the online
Permit and Plan Check software.
The Chief of Police provided an update on oversized vehicle permits.
The Chief of Police introduced School Resources Officer Angus Yu.
131
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Charles Chia, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise
Drive near the Ovation Flora Park community.
Brian Rutt, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise Drive
near the Ovation Flora Park community.
Paul Cecil, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise Drive
near Ovation Flora Park community.
Rick Wilson, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise Drive
near the Ovation Flora Park community.
Alan Steel, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise Drive
near the Ovation Flora Park community.
Marilyn Reames, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise
Drive near the Ovation Flora Park community.
Paul Chan, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise Drive
near the Ovation Flora Park community.
Linda Finch-Merrill, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise
Drive near the Ovation Flora Park community.
Lorraine Bums, Cypress, spoke regarding traffic concerns at Katella Avenue and Enterprise
Drive near the Ovation Flora Park community.
Deanne L. Grasmeyer, Cypress, spoke regarding traffic concerns at Katella Avenue and
Enterprise Drive near the Ovation Flora Park community.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council
Member requests separate action on a specific item.
Mayor Pro Tem Morales stated that Agenda Item No. 11, the Warrant Register, includes
electronic fund transfers no. 9495 and no. 9557 for $795.96 each for a reimbursement he
receives as a retired employee of the City of Cypress. He indicated that in voting for any motion
to approve the Warrant Register, he would not be voting on electronic fund transfers no. 9495
and no. 9557 for the reason disclosed.
It was moved by Council Member Hertz, and seconded by Council Member Marquez, to
approve Consent Calendar Items No. 1 through 11.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the August 23, 2021 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 June 28, 2021 and July 12, 2021
Recommendation: Approve as submitted.
132
Item No. 4: Accept the ADA Playground Surfacing at Various Parks, Project 276
Recommendation:
1. Accept the ADA Playground Surfacing at Various Parks, Project 276, in the amount of
$455,388.04 and approve the final payment of$22,769.40 to R.E. Schultz Construction
Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 5: Approve an Agreement for Fiber Internet Services
Recommendation: Approve a three-year agreement for Fiber Internet Services with Spectrum
Business for$42,300.
Item No. 6: Approve Amendment to the Contract for On-Call Labor and Employment
Legal Services
Recommendation: Approve the first amendment to the contract with Liebert Cassidy Whitmore
for on-call labor and employment legal services.
Item No. 7: Approve the Revised Class Specification for Network Administrator and
Establish Salary Ranges for Mid-Management Employees
Recommendation:
1. Approve the revised class specification for Network Administrator; and
2. Adopt a Resolution amending Resolution 6852 to establish salary ranges for Min-
Management employees.
RESOLUTION NO. 6853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING
AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 6852
ESTABLISHING SALARY RANGES FOR MID-MANAGEMENT POSITIONS
Item No. 8: Second Reading and Adoption of an Ordinance Amending the Municipal
Code Relating to Legal Notice Requirements
Recommendation: Adopt the attached Ordinance amending the Cypress Municipal Code
relating to legal notice requirements.
ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 6-46(3)(b) OF CHAPTER 6; AMENDING
SECTION 15-61 OF ARTICLE II OF CHAPTER 15; AMENDING SECTION 21A-12(a)(1)
OF CHAPTER 21A; AMENDING SECTION 5.25.190A OF SECTION 25 OF ARTICLE 5
OF APPENDIX I; AMENDING SECTION 5.26.020B OF SECTION 26 OF ARTICLE 5
OF APPENDIX I; AND AMENDING SECTION 5.26.020C OF SECTION 26 OF
ARTICLE 5 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE RELATING TO
LEGAL NOTICE REQUIREMENTS
Item No. 9: Receive and File the attached Investment Reports for the Months Ended June
30, 2021 and July 31, 2021.
Recommendation: Receive and file the attached investment report.
Item No.10: Receive and File the Strategic Plan Six-Month Objectives Update
Recommendation: Receive and file the strategic plan six-month objectives update.
133
Item No. 11: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of June 26, 2021 through August 6, 2021
Recommendation: Approve the attached payment register summarized below for the period of
June 26, 2021 through August 6, 2021:
• Electronic Funds Transfers 9480 through 9700
• Warrants 57146 through 57480
• Payroll Transfers W1451 through W153
NEW BUSINESS
Item No. 12: Receive an Update from the City Manager and City Departments Regarding
the COVID-19 Emergency, and Provide Direction Concerning City Operations, Allocation
of City Resources, Maintenance of Essential Services, Temporary Suspension and/or
Closure of Non-Essential Public Services and Facilities, Management of City Finances,
Measures Necessary to Protect Public Health and Safety, and Expenditures Necessary
to Meet the Community's Needs
The City Manager and Acting Director of Recreation and Community Services provided a report
on this item.
It was moved by Council Member Hertz, and seconded by Council Member Marquez, to
receive an update on the City operations in response to the COIVD-19 Pandemic.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 13: Receive a Quarterly Budget Update
The Director of Finance and Administrative Services provided a report on this item.
City Council discussion ensued.
No action was taken.
Item No. 14: Designate Voting Delegate for the 2021 League of California Cities Annual
Conference
The City Clerk provided a report on this item.
City Council discussion ensued.
It was moved by Mayor Peat, and seconded by Mayor Pro Tem Morales, to designate Council
Member Marquez as the second alternate for the 2021 League of California Cities Annual
Conference.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 15: Consider Candidates for Appointment to Fill the Council Vacancy and Adopt
a Resolution Filling a Vacancy in the Office of City Council Member by Appointment
The City Manager provided procedural guidance on this item.
City Council discussion ensued.
134
It was moved by Mayor Peat, and seconded by Mayor Pro Tem Morales, to appoint Scott
Minikus to fill the City Council vacancy and to adopt a Resolution filling a vacancy in the office
of City Council Member by appointment.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Hertz, Marquez, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, FILLING A VACANCY IN THE
OFFICE OF CITY COUNCIL MEMBER BY APPOINTMENT
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Rachel Strong, Cypress, thanked the City Council for consideration in filling the City Council
vacancy.
COUNCIL MEMBER REPORTS AND REMARKS
Mayor Pro Tem Morales:
Requested an agenda item be added to the next City Council meeting to consider a future
Capital Improvement Project addressing the traffic concerns near Ovation Flora Park
community.
Council Member Hertz:
Thanked all the candidates for their interest in filling the City Council vacancy. Addressed public
comments by Ovation Flora Park residents. Expressed excitement for the reopening of the
Cypress Library this fall.
Council Member Marquez:
Thanked the candidates for their interest in filling the City Council vacancy. Addressed public
comments by Ovation Flora Park residents. Thanked the Recreation department for the
Summer Concerts on the Green. Reported the passing of Mr. Robert Yerian and sent her
condolences to the family.
Mayor Peat:
Attended the OC Mosquito and Vector Control Board Meeting and provided an update on
mosquito season. Congratulated the Recreation and Public Works department for the
Summer Concerts on the Green.
CITY MANAGER REMARKS
None.
ADJOURNMENT - IN MEMORY OF CYPRESS RESIDENT BILL HANNAH AND KERN
COUNTY SHERIFF DEPUTY PHILLIP CAMPAS
Mayor Peat adjourned the meeting at 8:48 p.m. to an adjo rued Regular Meeting, to be held
on Monday, September 13, 2021, beginning at 5:30 p.m. i /the x-cutive Board Room.
M • ' OF THE CITY OF CYPRESS
ATTEST:
1
CITY RK OF THE CITY OF CYPRESS