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REGULAR MEETING
CYPRESS CITY COUNCIL
APRIL 25, 2022
6:30 P.M.
A regular meeting of the Cypress City Council was called to order at 6:34 p.m. by Mayor Pro
Tern Hertz Mallari 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 - ABSENT
Mayor Pro Tern Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
ORAL COMMUNICATIONS
None.
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 Aware
Mayor Pro Tern Hertz-Mallari recessed the meeting at 6:39 p.m.
RECONVENE
Mayor Pro Tem Hertz-Mallari reconvened the City Council meeting at 7:10 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—ABSENT
Mayor Pro Tern Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
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
Communications and Marketing Analyst Brooke Straus
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PLEDGE OF ALLEGIANCE Council Member Marquez led the Pledge of Allegiance.
INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, 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 Aware. He stated a copy of the letter from Californians Aware is available for
viewing. He further reported that following a discussion of that threat of litigation matter, it was
moved by Council Member Peat, and seconded by Council Member Minikus, to direct the
rejection of the claim by Californians Aware and declining the Brown Act demand and
presenting a written rejection letter from the City Attorney's office on the next City Council
agenda for review and receipt of the communication.
The City Attorney reported that the motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Minikus, Peat and Hertz-Mallari
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Morales
PRESENTATIONS
Mayor Pro Tern Hertz-Mallari stated the first presentation item, Recognition of Anaheim Union
High School District Student Ambassadors, would be delayed to later in the agenda to
accommodate the students' arrival.
Mayor Pro Tern Hertz-Mallari presented Business Environmental Awards to Westmont
Cypress Assisted Living, Dominic's Ristorante Italiano, Casa Grande Apartment Homes,
McDonald's and John's Restaurant.
Mayor Pro Tern Hertz-Mallari invited Orange County Fire Authority Division Chief Steve
Dohman forward to introduce himself to the community.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Council Member Minikus provided a report on the community meeting at Maple Grove Park
North regarding the proposed park restroom.
Julie Foy, Cypress, spoke regarding the Maple Grove Park North community meeting.
Derrick Balsillie, Cypress, spoke regarding Maple Grove Park North community meeting.
David Burke, Cypress, spoke regarding the Maple Grove Park North community meeting,
Closed Session and the community survey.
Katie Shapiro, Cypress, spoke regarding communication issues with the City.
Marilyn Reames, Cypress, spoke regarding traffic signal concerns at Katella Avenue and
Enterprise Drive.
Katherine Kim, Cypress, spoke about regarding regulations on the placement of trash cans.
Robin Itzler, Cypress, spoke regarding the solid waste franchise amendment and in
opposition to district elections.
Clare Chu, Cypress, spoke regarding Lexington Park, police and fire services and the
California Voting Rights Act challenge.
Harumi Lucak, Cypress, spoke of the City's recent accomplishments and threats of litigation.
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Roberta O'Toole, Cypress, spoke regarding recent community events, the Community
Emergency Response Team (CERT), and expressed appreciation for the City's
accomplishments and the current and past City Councils.
The City Manager announced Oral Communication had reached its 30 minute limit and stated
the City Council could take action to extend Oral Communications.
It was moved by Council Member Peat, and seconded by Council Member Minikus, to extend
the period of Oral Communications to encompass all in person and online speakers.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Peat and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
Beth Culver, Cypress, spoke regarding communications obtained under the California Public
Records Act.
Shelley Henderson, Cypress, spoke regarding upcoming community events.
Helen Le, Cypress, spoke regarding bulky item pick-ups for multi-family properties and district
elections.
PUBLIC HEARING
Item No. 1: Approve Conditional Use Permit No. 2022-02 to Permit the Sale of Beer
and Wine at an Existing Restaurant at 4959-A Katella Avenue
Mayor Pro Tern Hertz-Mallari asked Council Members to disclose communication with anyone
relevant to the item.
No communications were disclosed.
The Planning Director provided a report on this item.
Mayor Pro Tem Hertz-Mallari opened the public hearing.
The applicant agreed to the Conditions of Approval for the Conditional Use Permit and
provided brief remarks regarding the project.
There were no public comments.
Mayor Pro Tern Hertz-Mallari closed the public hearing.
It was moved by Council Member Peat, and seconded by Council Member Minikus, to
approve the Resolution approving Conditional Use Permit No. 2022-02, with conditions, and
confirm the project is exempt from California Environmental Quality Act requirements.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Peat and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
RESOLUTION NO. 6883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2022-02, A REQUEST TO ADD ON-SALE BEER
AND WINE TO AN EXISTING RESTAURANT LOCATED AT 4959 KATELLA AVENUE,
SUITE A, WITHIN THE PBP - PLANNED BUSINESS PARK ZONE AND FURTHER
DETERMINING THAT PUBLIC CONVIENCE WOULD BE SERVED WITH THE
ISSUANCE OF A TYPE 41 ALCOHOLIC BELVERAGE CONTROL LICENSE
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Item No. 2: Introduce an Ordinance Approving the Police Department's Military
Equipment Policy
Mayor Pro Tern Hertz-Mallari asked Council Members to disclose communication with anyone
relevant to the item.
No communications were disclosed.
The Chief of Police provided a report on this item.
Council Member Marquez commented on this item.
Mayor Pro Tern Hertz-Mallari opened the public hearing.
Bob Youngsma, Cypress, spoke in support of this item.
Mayor Pro Tem Hertz-Mallari closed the public hearing.
It was moved by Council Member Marquez, and seconded by Council Member Minikus, to
introduce the first reading of an Ordinance, by title only, approving the Police Department's
Military Equipment Policy.
The City Attorney read the title of the Ordinance.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Peat and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
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 Minikus stated that Agenda Item No. 11, the Warrant Register, includes
electronic fund transfer No. 10863 for $286.18 as reimbursement for medical coverage he is
entitled to receive as a CaIPERS annuitant. He indicated that in voting for any motion to
approve the Warrant Register, he would not be voting on electronic fund transfer No. 10863
for the reason disclosed.
It was moved by Council Member Peat, and seconded by Council Member Marquez, to
approve Consent Calendar Items No. 3 through 11.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Minikus, Peat and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
Item No. 3: Receive and File Public Comments Submitted for the April 25, 2022 City
Council Meeting
Recommendation: Receive and file submitted public comments.
Item No. 4: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 5: Approve Minutes - Meeting of March 14, 2022
Recommendation: Approve as submitted.
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Item No. 6: Accept the Arterial Rehabilitation, Project 297
Recommendation:
1. Accept the Arterial Rehabilitation, Project 297, in the amount of $748,374.07 and
approve the final payment of$37,418.72 to RJ Noble Company; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No 7: Approve Filling a Vacancy on the Traffic Commission through the 2022
Commissioner Recruitment
Recommendation: Approve filling a vacancy on the Traffic Commission through the 2022
Commissioner recruitment.
Item No. 8: Proclaim the Month of May 2022 as Water Safety Month
Recommendation: Proclaim the month of May 2022 as Water Safety Month.
Item No. 9: Receive and File the Investment Report for the Month Ended March 31,
2022
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.
Item No. 11: Approve Register of Warrants, Transfers, and Wires Issued for the
Period of March 26, 2022 through April 8, 2022
Recommendation: Approve the attached payment register summarized below for the
period of March 26, 2022 through April 8, 2022
• Electronic Funds Transfers 10847 through 10989
• Warrants 59129 through 59225
• Payroll Transfers W1472
NEW BUSINESS
None.
PRESENTATIONS (cont.)
Mayor Pro Tern Hertz-Mallari recognized Anaheim Union High School District Student
Ambassadors from Oxford Academy and Cypress High School.
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Helen Le, Cypress, spoke regarding multi-family trash accounts, bulky-item pick-ups.
Beth Culver, Cypress, spoke regarding communications obtained under the California Public
Records Act.
Clare Chu, Cypress, spoke regarding City Council behavior.
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COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:
Stated he plans to recommend the City develop a neighborhood outreach process for any
significant enhancements or investments that might impact a specific neighborhood in the
City. Requested a diversity and inclusion proclamation be placed on the May 9 agenda for
City Council consideration. Requested an item be placed on the May 9 agenda that will allow
City Council to consider ordering an audit of Valley Vista Services financial records and
customer service levels.
Council Member Marquez:
Participated in National Library Week event at the Cypress Library. Attended
Assemblywoman Quirk-Silva's Community Conversation event. Attended a Friends of
Cypress Library event. Attended the Cypress School District Every Student Succeeding
event. Attended the volunteer recognition dinner at the Cypress Senior Center. Attended the
Cypress Art League's Spring Art Show.Attended a P.A.C.E. graduation and playground grand
opening ceremony at Grace Christian School. Announced the opening of a new Memorial
Care facility. Spoke regarding the Maple Grove Park North community meeting. Stated she
plans to propose an ordinance for a fair and competitive bidding process on contracts at the
next meeting.
Council Member Peat:
Participated in the Maple Grove Park North community meeting. Attended the Every Child
Succeeding event at Cypress School District. Spoke regarding the Valley Vista Services
franchise agreement, politics, and communications obtained under the California Public
Records Act referenced during Oral Communications.
Mayor Pro Tem Hertz-Mallari:
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No report.
CITY MANAGER REMARKS
No report.
ADJOURNMENT
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
and carried 3-1-1, with Council Member Marquez voting No and Mayor Morales absent, to
adjourn the meeting at 9:38 p.m. The next Regular Council Meeting will be held on Monday,
May 9, 2022, beginning at 5:30 p.m. inside the Executive Board Room.
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M OR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF TH CITY OF CYPRESS