2022-04-11 238
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.
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 Tern Anne Hertz-Mallari
Council Member Frances Marquez— arrived at 6:34 p.m.
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 Morales recessed the meeting at 6:38 p.m.
RECONVENE
Mayor Morales reconvened the City Council meeting at 7:07 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 Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
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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 at-
large 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.
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Hailee Sapp, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park
North.
Mike Rippler, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park
North.
Cherie Rippler, Cypress, spoke in opposition to proposed bathroom at Maple Grove Park
North.
Sangeeta Swendson, Cypress, spoke regarding Agenda Item No. 7. mirno
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 Tern 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.
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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 Tern 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 Tern 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.
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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 oft
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 Tern 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.
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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.
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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 Executiv- Board Room. ,,°~
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M OR OF THE CITY OF CYPRESS
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ERK OF THE CITY OF CYPRESS