2022-06-13 271
REGULAR MEETING
CYPRESS CITY COUNCIL
JUNE 13, 2022
6:00 P.M.
A regular meeting of the Cypress City Council was called to order at 6:01 p.m. by Mayor
Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Pursuant to Government Code section 54953(b), this Regular City Council Meeting included
teleconference participation by Mayor Pro Tern Anne Hertz-Mallari from Summercamp, 70
Lake Avenue, Oak Bluffs, MA 02557
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 (via teleconference)
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
City Clerk Alisha Farnell
Human Resources Administrator Regina Nguyen
ORAL COMMUNICATIONS
None.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Youngsma, et al. v. Cypress School District, et al.
Case No. 30-2021-01220176-CU-EI-CXC
Orange County Superior Court
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
Mayor Morales recessed the meeting at 6:03 p.m.
RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:16 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 Tern Anne Hertz-Mallari (via teleconference)
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
Finance Director Matt Burton
Director of Public Works Doug Dancs
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper
Chief of Police Mark Lauderback4
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Management Analyst Kirsten Graham
Maintenance Superintendent Kirk Streets
PLEDGE OF ALLEGIANCE Council Member Peat led the Pledge of Allegiance.
INVOCATION Pastor Mike McKay, Cypress Neighborhood Church, 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 Legal Counsel —existing litigation, the matter of
Youngsma, et al. v. Cypress School District, et al. He further reported that the City Council
received an update and no reportable action was taken.
Regarding the second Closed Session item listed on the agenda, namely Conference with
Labor Negotiator concerning the employee group Cypress Police Officers Association, the
City Attorney reported the City Council received an update on the status of negotiations and
no further reportable action was taken.
PRESENTATION
The City Council recognized and presented Certificates of Appreciation to the following
outgoing Commissioners: Robert Koehler, Traffic Commission; Joe Warner, Traffic
Commission; Joy Harper, Recreation and Community Services Commission; and Rachel
Strong, Senior Citizens Commission.
The City Council recognized Maintenance Superintendent Kirk Streets and West Cities
Police Communications Dispatcher Cheryl Austin in honor of their retirement.
The Director of Public Works introduced Maintenance Workers Mario Araya and Marcelino
Chavez.
The Chief of Police provide an update on the School Resource Officer program.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Malini Nagpal, Cypress, spoke about embracing diversity.
Harumi Lucak, Cypress, spoke regarding the June 10, 2022 Special City Council meeting.
Beth Culver, Cypress, spoke regarding the June 10, 2022 Special City Council meeting.
Carolyn Balagot, Cypress, spoke about recent Public Records Act requests and Pride picnic.
Robin ltzler, Cypress, spoke regarding closed captioning.
Bob Youngsma, Cypress, spoke regarding speeding on Newman Avenue and stop sign at
Peach Avenue.
Marilyn Reames, Cypress, spoke regarding speaker cards and the May 23, 2022 City
Council meeting.
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Katie Shapiro, Cypress, spoke regarding California Brown Act violations and threating
emails/text messages.
Clare Chu, Cypress, spoke regarding recent meeting behavior by Council Members and the
community.
Donna Rae Johnson, Cypress, spoke regarding the June 10, 2022 Special City Council
meeting.
Helen Le, Cypress, spoke regarding presentation items.
PUBLIC HEARING
Item No. 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
The Planning Director provided a report on this item.
The City Attorney read the title of the Ordinance.
Mayor Morales opened the public hearing.
Mayor Morales invited the public to provide comments on this item.
Edwin Kraemer, Cypress, spoke regarding RHNA requirements.
Timothy Yerian, Cypress, spoke in support of this item.
No further comments were made.
Mayor Morales closed the public hearing.
A motion was made by Council Member Peat, and seconded by Council Member Marquez,
to 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 Ares), 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 find the
action exempt from the California Environmental Quality Act.
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
Item No. 2: Approve Conditional Use Permit No. 2022-01 to Permit a New Self-
Service Car Wash at 5890 Lincoln Avenue
The Planning Director provided a report on this item.
Mayor Morales asked Council Members to disclose communication with anyone relevant to
the item.
No communications were disclosed.
The Planning Director answered questions from Council Members.
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Mayor Morales opened the public hearing.
Mayor Morales invited the applicant to come forward.
The applicant stated they reviewed the proposed conditions and are in agreement.
City Council asked questions of the applicant.
Mayor Morales invited the public to provide comments on this item.
Edwin Kraemer, Cypress, inquired about the city's business plan for new developments.
Mayor Morales recessed the meeting at 8:57 p.m. due to technical difficulties. The City
Attorney stated the public hearing will remain open.
At 9:03 p.m. Mayor Morales reconvened the meeting.
Mayor Morales invited the public to continue providing comments on this item.
Helen Le, Cypress, spoke in support of this item.
No further comments were made.
Mayor Morales closed the public hearing.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to adopt a Resolution approving Conditional Use Permit No. 2022-01, with conditions, and
confirm the project is exempt from California Environmental Quality Act requirements.
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
RESOLUTION NO. 6886
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-01, A REQUEST TO
PERMIT A NEW SELF-SERVICE CAR WASH LOCATED AT 5890 LINCOLN
AVENUE WITHIN THE PC - PLANNED COMMUNITY ZONE
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. 18, the Warrant Register, includes
electronic fund transfer No. 11167 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. 11167
for the reason disclosed.
Council Member Marquez requested to pull Agenda Item No 6.
Mayor Morales stated that Agenda Item No. 18, the Warrant Register, includes electronic
fund transfer No. 11168 for $751.22 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. 11168 for the
reason disclosed.
The City Attorney read the title of the Ordinance being presented on Agenda Item No. 13.
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It was moved by Council Member Peat, and seconded by Council Member Minikus, to
approve Consent Calendar items No. 3 through 5 and 7 through 18.
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
Item No. 3: Receive and File Public Comments Submitted for the June 13, 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 - Meetings of April 15, 2022, May 9, 2022, May 11, 2022
and May 12, 2022
Recommendation: Approve as submitted.
Item No. 7: Adopt Annual Statement of Investment Policy
Recommendation: Adopt a Resolution approving the Annual Statement of Investment Policy.
RESOLUTION NO. 6887
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE
ANNUAL STATEMENT OF INVESTMENT POLICY
Item No 8: Adopt the Fiscal Year 2022-23 Appropriations Limit
Recommendation: Adopt a Resolution establishing the City's Fiscal Year 2022-23
appropriations limit.
RESOLUTION NO. 6888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT
FOR THE 2022-23 FISCAL YEAR.
Item No. 9: Adopt the Cypress Recreation Park District's Fiscal Year 2022-23
Appropriations Limit
Recommendation: Adopt a Resolution establishing the Cypress Recreation and Park
District's Fiscal Year 2022-23 appropriations limit.
RESOLUTION NO. 6889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS ESTABLISHING THE CYPRESS
RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR
THE 2022-23 FISCAL YEAR.
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Item No. 10: Adopt Resolutions to Hold a General Municipal Election on November 8,
2022
Recommendation:
1. Adopt a Resolution calling and giving notice of a General Municipal Election on
Tuesday, November 8, 2022, for the election of certain officers as required by the
City Charter; and
2. Adopt a Resolution requesting the Board of Supervisors of the County of Orange to
consolidate a General Municipal Election to be held on Tuesday, November 8, 2022,
with the Statewide General Election to be held on the same date pursuant to Elections
Code Section 10403; and
3. Adopt a Resolution adopting regulations for candidates for elective office pertaining
to candidates statements submitted to the voters at an election to be held on
Tuesday, November 8, 2022.
RESOLUTION NO. 6890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.
RESOLUTION NO. 6891
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
RESOLUTION NO. 6892
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
NOVEMBER 8, 2022
Item No. 11: Amend On-Call Contract Services Agreement with Communications LAB
for Community Outreach and Public Engagement and Approve Three Task Orders
Recommendation:
1. Amend the on-call contract services agreement with Communications LAB for
community outreach and public engagement; and
2. Approve a Task Order for $12,000 for temporary communications support; and
3. Approve a Task Order for $9,600 for voter outreach efforts; and
4. Approve a Task Order for $60,000 for Recreation and Community Services
communications support for FY 2022-23
Item No. 12: Amend the Senior Transportation Agreement with California Yellow Cab
Recommendation: Approve an amendment to the Senior Transportation Agreement with
California Yellow Cab.
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Item No. 13: Approve an Amendment to Section 21A-15 of the Municipal Code Related
to the Disposition of Surplus Supplies and Equipment
Recommendation: Introduce for first reading an Ordinance, by title only, amending Section
21A-15 of the Municipal Code regarding the disposition of surplus supplies and equipment.
Item No. 14: Approve Expenditures for the Cypress Recreation and Community
Services Foundation
Recommendation:
1. Authorize expenditures not to exceed $5,000 for the purchase of beverages to be
sold at the 2022 Salute to America; and
2. Authorize an expenditure of $2,844.45 to Friends of Cypress Recreation and Parks
for reimbursement associated with the 2021 Community Festival; and
3. Authorize the creation of a bank account for the Recreation and Community Services
Foundation.
Item No. 15: Award a contract for HVAC Maintenance and Repair Services
Recommendation: Award a two-year contract to Control Air Enterprises, LLC for Heating,
Ventilation and Air Conditioning (HVAC) maintenance and repair services in the amount of
$36,676 annually.
Item No. 16: Receive and File the FY 2022-23 Master Fee Schedule
Recommendation: Receive and file the updated FY 2022-23 Master Fee Schedule which
incorporates annual cost-of-living adjustments for City and Park District user fees.
Item No. 17: Receive an Update on the North Orange County Public Safety
�..w Collaborative and Accept Award of Funds
Recommendation:
1. Receive and Update on the North Orange County Public Safety Collaborative; and
2. Accept$118,000 in Board of State and Community Corrections funds allocated to the
City of Cypress through the North Orange County Public Safety Collaborative; and
3. Accept $150,000 in Board and State and Community Corrections funds allocated to
the City of Cypress and $150,000 allocated to the City of La Palma through the North
Orange County Public Safety Collaborative.
Item No. 18: Approve Register of Warrants, Transfers, and Wires Issued for the
Period of May 7, 2022 through June 3, 2022
Recommendation: Approve the attached payment register summarized below for the
period of May 7, 2022 through June 3, 2022:
• Electronic Funds Transfers 11046 through 11191
• Warrants 59462 through 59673
• Payroll Transfers W1475 through W1476
END OF CONSENT CALENDAR
Regarding Item No. 6: Accept Organic Recycling Local Assistance Grant
Council Member Marquez provided comments on this item.
Discussion ensued.
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A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to accept a CalRecycle Organic Recycling Local Assistance Grant and increase estimated
revenues by $69,242 in the City's General Fund.
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
NEW BUSINESS
Item No. 19: Adopt the Fiscal Year 2022-23 Budget for the City of Cypress and the
Cypress Recreation and Park District
The Director of Finance and Administration provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to adopt a Resolution approving the Fiscal Year 2022-23 City Budget and adopt a Resolution
approving the Fiscal Year 2022-23 Recreation and Park District Budget.
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
RESOLUTION NO. 6893
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 2022 AND FIXING THE LIMITATIONS OF
EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS,
DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS
RESOLUTION NO. 6894
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF
THE CYPRESS RECREATION AND PARK DISTRICT, APPROVING THE
DISTRICT'S ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING
JULY 1, 2022 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR
THE FUNDS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS
Item No. 20: Adopt the Seven-Year (FY 2022-23 to FY 2028-29) Capital Improvement
Program
The Public Works Director provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Minikus, and seconded by Council Member Peat,
to determine the Capital Improvement Program is consistent with the General Plan and
adopt a Resolution approving the Seven-Year Capital Improvement Program for FY 2022-
23 to FY 2028-29.
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
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RESOLUTION NO. 6895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
OR FISCAL YEARS 2022-23 THROUGH FISCAL YEAR 2028-2029
Item No. 21: Approve a Contract Services Agreement with CASC Engineering and
Consulting and a Task Order with LSA and Associates for the Business Parks
Modernization and Integration Project
The Planning Director provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to approve a contract services agreement with CASC Engineering and Consulting for the
modernization and integration of the City's Business Park Specific Plans in the amount of
$199,916; and approve a task order for LSA Associates for the preparation of an Initial Study
and Mitigated Declaration for$60,300; and appropriate$60,300 of Pandemic Recovery Plan
set-asides in the General Fund for the Initial Study and Mitigated Negative Declaration.
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
Item No. 22: Approve the Electronic Communication Policy
The City Attorney provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to approve the electronic communication policy.
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
Item No. 23: Receive an Update on the Cypress Citizens Academy
The City Manager provided a report on this item.
Mayor Pro Tern Hertz-Mallari commented on the item.
No action was taken on this item.
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
Troy Tanaka, Cypress, spoke regarding transparency and in-fighting.
Glenn Button, Cypress, spoke regarding distinction between personal issues and
performance issues.
Edwin Kraemer, Cypress, spoke in opposition to censure of Council Member Marquez and
Agenda Item No. 21.
Helen Le, Cypress, spoke regarding electric charging stations, housing development, traffic,
homelessness, and Maple Grove Park North restroom.
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COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:
No Report.
Council Member Peat:
No Report.
Council Member Marquez:
Spoke regarding the community meeting at Maple Grove Park North. Spoke regarding the
Police Department's catalytic converter etching event. Shared information regarding an
internship opportunity with a nonprofit organization. Stated she will be volunteering at the
Senior Center. Expressed disappointment regarding the June 10, 2022 Special City Council
meeting.
Mayor Pro Tern Hertz-Mallari:
No Report.
Mayor Morales:
Responded to comments by Council Member Marquez regarding the June 10, 2022
Special City Council meeting.
CITY MANAGER REMARKS
The City Manager announced summer giveaways recognizing diversity and inclusivity are
available at City Hall and the Community Center. -, ,,
ADJOURNMENT
By motion of Council Member Peat, and seconded by Council Member Minikus, and
unanimously carried 5-0, to adjourn at 10:37 p.m. The next Regular Council Meeting will be
held on Monday, June 27, 2022, beginning at 5:30 p.m. in the Ex buti e Board Room.
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