2022-06-27 281
REGULAR MEETING
CYPRESS CITY COUNCIL
JUNE 27, 2022
5:30 P.M.
A regular meeting of the Cypress City Council was called to order at 5:31 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
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 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
PUBLIC EMPLOYEE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
Mayor Morales recessed the meeting at 5:33 p.m.
RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:18 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
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
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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
City Engineer Nick Mangkalakiri
PLEDGE OF ALLEGIANCE Council Member Scott Minikus led the Pledge of Allegiance.
INVOCATION Steven K. Mauss, 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 and held a discussion
regarding the first item listed on the agenda, Conference with Labor Negotiator concerning the
employee group Cypress Police Officers Association, he reported the City Council received an
update, provided direction, and no further reportable action was taken.
Regarding the second Closed Session item listed on the agenda, namely Public Employee
Evaluation, title: City Manager, he reported the City Council deliberated the public employee
evaluation, provided direction, and no further reportable action was taken.
PRESENTATION
The City Clerk administered the Loyalty Oath and presented Certificates of Appointment to
newly-appointed Commissioners Jeff Dronkers, Hank Machal, Christina Sar, David
Skorupinski, and Catherine Youngerman.
Ken Vecchiarelli, Golden State Water, provided a water conservation and drought update.
The Director of Public Works introduced Associate Engineer Neema Ghanbari and
Maintenance Worker Manny Rodriguez.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Edwin Kraemer, Cypress, spoke regarding agenda item no. 17 and Citizens Academy.
Maria Krekos, Cypress, spoke regarding the Pride and Diversity picnic.
Harumi Lucak, Cypress, spoke regarding Council Members following procedures and
protocols.
Marilyn Reames, Cypress, spoke regarding the Pride and Diversity picnic and agenda item no.
21.
Katie Shapiro, Cypress, read a passage from a magazine and spoke about alleged unethical
decisions made by the City Council.
Carolyn Balagot, Cypress, spoke regarding the Pride and Diversity picnic and agenda item no.
21.
Wayne Comeau, Cypress, spoke regarding agenda item no. 21.
Shelley Henderson, Cypress, spoke regarding upcoming community events.
Helen Le, Cypress, spoke regarding the Pride and Diversity picnic, Lexington Park and conflicts
of interest.
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PUBLIC HEARING
Item No. 1: Renew the Cypress Corporate Center Landscape Maintenance District No.
1 for FY 2022-23
Mayor Morales asked Council Members to disclose communication with anyone relevant to the
item.
No communications were disclosed.
The City Engineer provided a report on this item.
Mayor Morales opened the public hearing.
Mayor Morales closed the public hearing.
A motion was made by Council Member Peat, and seconded by Council Member Minikus, to
adopt a Resolution renewing Cypress Corporate Center Landscape Maintenance District No.
1 for FY 2022-23, pursuant to the Landscaping and Lighting Act of 1972.
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. 6896
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
2022-23, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF
Item No. 2: Adopt the 2021-2029 Housing Element and Technical Report
The Planning Director and City's housing consultant provided a report on this item.
City Council asked questions of staff.
Mayor Morales opened the public hearing.
Edwin Kramer, Cypress, spoke in opposition.
Mayor Morales closed the public hearing.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Minikus, to
adopt a Resolution adopting the 2021-2029 Housing Element and Technical Report and
approving the Initial Study/Negative Declaration.
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. 6897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ADOPTING THE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN AND
APPROVING AN INITIAL STUDY AND NEGATIVE DECLARATION
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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.
It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to
approve Consent Calendar items No. 3 through 19.
The motion was unanimously carried by the following roll call vote:
opie
AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None ..r
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: Receive and File Public Comments Submitted for the June 27, 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 May 23, 2022
Recommendation: Approve as submitted.
Item No. 6: Approve Second Reading and Adopt an Ordinance Amending Section 21A-
15 of the Municipal Code Related to the Disposition of Surplus Supplies and Equipment
Recommendation: Approve the second reading and adopt an Ordinance, by title only and
waive further reading, amending Section 21A-15 of the Municipal Code regarding the
disposition of surplus supplies and equipment.
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ORDINANCE NO. 1196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF CYPRESS,
CALIFORNIA, ADDING SECTION 21A-15(d) TO THE CYPRESS MUNICIPAL
CODE ESTABLISHING REGULATIONS ALLOWING THE CITY MANAGER TO
SURPLUS OFFICE FURNITURE AND RELATED EQUIPMENT WITH AN
ESTIMATED VALUE OF LESS THAN $1,000
Item No 7: Second Reading of an Ordinance Amending the Cypress Municipal Code
Related to Accessory Dwelling Units, Density Bonus, and Reasonable Accommodations
Recommendation:Approve the second reading and adopt an Ordinance, by title only and waive
further reading, related to accessory dwelling units, density bonus, and reasonable
accommodations.
ORDINANCE NO. 1197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SUBSECTION 2.05.030 (RESIDENTIAL ZONING
DISTRICT LAND USES AND PERMIT REQUIREMENTS), SUBSECTION
2.05.050 (RESIDENTIAL OFF-STREET PARKING REQUIREMENTS),
SUBSECTION 3.11.050 (ALLOWED PROJECTIONS INTO REQUIRED
SETBACK AREAS), SECTION 12 (DENSITY BONUS), 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), AND
SECTION 31 (DEFINITIONS)AND CREATING A NEW SUBSECTION
4.19.200 (REASONABLE ACCOMMODATION) OF APPENDIX I OF THE
CYPRESS MUNICIPAL CODE AND FINDING THE ACTION EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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Item No. 8: Approve a Task Order for Public Works Construction Management and
Inspection Services
Recommendation: Approve a Task Order to Ardurra, Inc. for an amount not to exceed
$100,000 to perform public works construction management and inspection services for the
period of July 1, 2022 through June 30, 2023.
Item No. 9: Approve a Task Order for City Traffic Engineer Services
Recommendation: Approve a Task Order for an amount not to exceed $163,000 to Linscott,
Law & Greenspan Engineers (LLG) to provide FY 2022-23 City Traffic Engineer Services.
Item No. 10: Award a Contract for Community Center HVAC, Project 289
Recommendation:
1. Approve Plans and Specification for Community Center Heating, Ventilation, and Air
Conditioning (HVAC), Project 289; and
2. Award a contract to Bon Air, Inc., Los Angeles, CA, for $678,000, and authorize a
contingency of$75,000; and
3. Approve a Task Order for Construction Inspection Services to Ardurra Inc. for$67,650,
and authorize a contingency of$10,150.
Item No. 11: Award a Contract for the Purchase of Engineering Workstations
Recommendation: Award a contract to Interior Office Solutions, dba PeopleSpace, for
$69,584.99, for the design, purchase, and installation of furniture and furnishings for the Public
Works Engineering Division.
Item No. 12: Approve Contract Services Agreements for On-Call Construction
Management and Inspection Services
Recommendation: Approve contract services agreements for on-call construction
management and inspection services with AKM Consulting Engineers and Ardurra Inc.
Item No. 13: Approve a Contract Services Agreement for Police Towing and Storage
Recommendation: Approve a contract services agreement with Russell's Towing to provide
police towing and storage services.
Item No. 14: Amend the Salary Range for Network Administrator and Establish the
Human Resources Manager Classification
Recommendation: Adopt a Resolution amending Resolution No. 6860 to establish salary
ranges for Mid-Management employees.
• RESOLUTION NO. 6898
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. 6860 ESTABLISHING SALARY RANGES FOR MID-MANAGEMENT
POSITIONS
Item No. 15: Receive and File Updated FY 2022-23 Pay Schedules for the Cypress
Employees' Association, the Maintenance Employees' Association and the Police
Management Association
Recommendation: Receive and file updated pay schedules effective July 8, 2022 for the
Cypress Employees' Association (CEA), the Cypress Maintenance Employees' Association
(MEA) and the Police Management Association (PMA).
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Item No. 16: Approve the Measure M2 Program Eligibility Submittal Package for Fiscal
Year 2022-23
Recommendation: Approve the Measure M2 program eligibility submittal package for Fiscal
Year 2022-23.
Item No. 17: Receive and File the Strategic Plan Six-Month Objectives Update
Recommendation: Receive and file the strategic plan six-month objectives update. ome
Item No. 18: Receive and File the Investment Report for the Month Ended May 31, 2022
Recommendation: Receive and file the attached investment report.
Item No. 19: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of June 4, 2022 through June 17, 2022
Recommendation: Approve the attached payment register summarized below for the period
of June 4, 2022 through June 17, 2022:
• Electronic Funds Transfers 11192 through 11200
• Warrants 59674 through 59797
• Payroll Transfers W1477
NEW BUSINESS
Item No. 20: Receive and File the Results of the 2022 Community Survey
The City Clerk provided background information on this item.
Dr. Tim McLarney True North Research, presented the survey results.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari,
to receive and file the results of the 2022 Community Survey.
The motion was 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. 21: Adopt a Resolution Censuring Council Member Marquez for Violating the
Laws of the State of California by Failing to Respond to Public Records Act Request,
Failing to Respond to Public Records Act Request in a Timely Manner, and Disclosing
Confidential Information from Closed City Council Session(s); Violating the Charter;
Violating the Code of Ethics; and Violating the Civility, Conduct and Governance Policy
The City Attorney provided an overview of the Censure process approved by the City Council.
Mayor Morales invited the public to provide comments on this item.
Glenn Morikawa, Cypress, spoke in opposition of this item.
Edwin Kraemer, Cypress, spoke in opposition of this item.
Mario Bica, Cypress, spoke in support of this item.
Katie Shapiro, Cypress, spoke in opposition of this item.
Beth Culver, Cypress, spoke in support of this item.
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Steven Mauss, Cypress, spoke in opposition of this item.
Rose Ann Howard, Cypress, spoke in opposition of this item.
Clare Chu, Cypress, spoke in support of this item.
Carolyn Balagot, Cypress, spoke in opposition of this item.
Marilyn Reames, Cypress, spoke in opposition of this item.
Helen Le, Cypress, spoke in opposition of this item.
Mayor Morales closed the comment period.
Mayor Morales provided a report on this item.
City Council discussion ensued.
A motion was made by Mayor Morales, and seconded by Council Member Peat, to adopt a
resolution censuring Council Member Marquez for violating the laws of the State of California by
failing to respond to public records act requests, failing to respond to public records act requests
in a timely manner, and disclosing confidential information from closed City Council session(s);
violating the Charter; Violating the Code of Ethics; and Violating the Civility, Conduct and
Governance policy.
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
Council Member Marquez provided a two-minute rebuttal.
Mayor Morales asked if there was a motion to overturn the censure.
No motion was made.
Mayor Morales provided closing comments.
RESOLUTION NO. 6899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CENSURING COUNCIL MEMBER FRANCES MARQUEZ FOR
FAILING TO RESPOND TO PUBLIC RECORDS ACT REQUESTS, FAILING TO
RESPOND TO PUBLIC RECORDS ACT REQUESTS IN A TIMELY MANNER;
DISCLOSING CONFIDENTIAL INFORMATION FROM CLOSED CITY COUNCIL
SESSION(S); VIOLATING THE CHARTER; VIOLATING THE CODE OF ETHICS;
AND VIOLATING THE CIVILITY, CONDUCT AND GOVERNANCE POLICY
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Clare Chu, Cypress, spoke regarding Assemblywoman Quirk-Silva's Breakfast Club event.
Carolyn Balagot, Cypress, spoke regarding agenda item no. 21, the Pride and Diversity picnic,
and Civility and Governance policy.
Edwin Kraemer, Cypress, spoke regarding agenda item no. 21 and Maple Grove Park North.
Helen Le, Cypress, spoke regarding agenda item no. 21, the Civility and Governance policy, and
trash contract.
Katie Shapiro, Cypress, spoke regarding agenda item no. 21.
Marilyn Reames, Cypress, spoke regarding agenda item no. 21.
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COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:
Attended the Pride and Diversity picnic.
Council Member Peat:
Requested the City Manager look into the process for publishing responsive documents on the
City's website related to public records request by Fortis, LLP, Californians Aware and Keep .""'
Cypress United.
Council Member Marquez:
Attended the Pride and Diversity picnic. Attended a Korean War 72nd anniversary event.
Attended a memorial service for former U.S Secretary of Transportation Norman Mineta.
Requested to add an item to the next agenda to direct staff to research a technological solution
that would allow for the hosting of special meetings and workshop audio recordings on the City's
website and the estimated cost for City Council consideration.
City Council discussion ensued.
Council Member Peat and Mayor Morales objected.
Council Member Marquez stated she will present her request at the next Strategic Planning
meeting.
City Council discussion continued.
Council Member Marquez continued her report and requested a City Council discussion of
conflicts of interest related to the Valley Vista Services solid waste franchise at the next meeting.
Mayor Pro Tern Hertz-Mallari:
Attended the Pride and Diversity picnic. Announced Orange County Fire Authority held a
graduation ceremony for the Girls Empowerment Camp. Announced the upcoming Fire
Academy Graduation. Will attend the Salute to America event at Cypress College.
Mayor Morales:
No Report.
CITY MANAGER REMARKS
The City Attorney corrected his statement regarding the process for adding an item to a future
agenda.
The City Manager stated Concerts on the Green started June 24 and the Salute to America
event will be held at Cypress College on Friday, July 1.
ADJOURNMENT — IN MEMORY OF EL MONTE POLICE CORPORAL MICHAEL PAREDES
AND OFFICER JOSEPH SANTANA
By motion of Council Member Peat, and seconded by Council Member Marquez, and
unanimously carried 5-0, to adjourn at 11:23 p.m. The next Regular Council Meeting will be held
on Monday, July 11, 2022, beginning at 5:30 p.m. in the Executi
Qa Board Room.
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