2022-07-11 289
REGULAR MEETING
CYPRESS CITY COUNCIL
JULY 11, 2022
5:30 P.M.
A regular meeting of the Cypress City Council was called to order at 5:30 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 Tem Anne Hertz-Mallari
Council Member Frances Marquez (arrived at 5:36 p.m.)
Council Member Scott Minikus - Absent
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
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
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Unrepresented Employee: City Manager
PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE
Pursuant to Government Code Section 54957
Title: City Attorney
Mayor Morales recessed the meeting at 5:32 p.m.
RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:11 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 — Absent
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
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper
Chief of Police Mark Lauderback
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Senior Management Analyst Jason Machado
PLEDGE OF ALLEGIANCE Council Member Peat led the Pledge of Allegiance.
INVOCATION Father Mauro Trujillo, St. Irenaeus Catholic 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 each of the items listed on the Closed Session agenda.
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 on the status of the negotiations, provided direction and no further
reportable action was taken.
Regarding the second Closed Session item listed on the agenda, Conference with Labor
Negotiator concerning the unrepresented employee position: City Manager, he reported the
City Council held a discussion and no further reportable action was taken.
The City Attorney stated the City Council was unable to hold a discussion regarding the third
Closed Session item listed on the agenda, Public Employee Evaluation of Performance title
City Attorney. He further reported that the City Council rescheduled the item to August 22,
2022.
PRESENTATION
Clarissa Serpas, Southern California Gas Company, introduced herself to the City Council
as the new Public Affairs Manager serving the City of Cypress and other North Orange
County cities.
The Chief of Police introduced Office Assistant Elizabeth Barrington, Police Service Officer
Frank Del La Rosa and Sergeant Thomas Mellana.
The Director of Recreation and Community Services provided a recap on the Salute to
America event.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Edwin Kraemer, spoke regarding Agenda Items no. 8, 11, 12, and 13.
.4..
Brooke Nafarrette, Cypress, spoke regarding Agenda Item no. 10.
Troy Tanaka, Cypress, spoke regarding Agenda Item no. 11.
Timothy Yerian, Cypress, spoke regarding the naming of Lexington Park and the Housing
Element.
Helen Le, Cypress, spoke regarding differences of opinions on the City Council, Agenda
Item no. 11, and the community survey results.
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Arlene Spatz, Cypress, spoke regarding local newspaper, Concerts on the Green and Salute
to America event.
Star Johnson, spoke regarding the Event-NewsEnterprise newspaper.
Carolyn Balagot, Cypress, spoke regarding recourse for violations of the Civility and
Governance Policy and Agenda Item no. 12.
Malini Nagpal, Cypress, spoke regarding Pride event, the City Manager, and a Voice of OC
newspaper article.
Beth Culver, Cypress, spoke on behalf of Keep Cypress United regarding California Public
Records Act request and the community survey.
Bob Youngsma, Cypress, spoke regarding City Council behavior.
Wayne Comeau, Cypress, spoke regarding the solid waste franchise agreement.
Linda Anderson, Cypress, spoke regarding attorney fees.
Thomas Moore, Cypress, spoke regarding Agenda Item no. 11.
David Burke, Cypress, spoke regarding the censure of Council Member Marquez and public
records requests.
Christopher Smith, spoke regarding street improvements in neighborhood.
Katie Shapiro, Cypress, spoke regarding alleged Brown Act violations and pending litigation.
Amy Behen, Buena Park, spoke on behalf of Cypress Girls Softball regarding Agenda Item
no. 10.
Glenn Button, Cypress, spoke regarding the solid waste franchise agreement and the
community survey.
PUBLIC HEARING
Item No. 1: Approve Conditional Use Permit No. 2022-03 to Permit the Sale of Beer
and Wine at a New Restaurant at 4061 Ball Road
Mayor Morales 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 Morales opened the public hearing.
There were no public comments on this item.
Mayor Morales closed the public hearing.
The City Attorney recommended a minor change to the Resolution regarding CEQA findings.
Mayor Morales reopened the public hearing.
Mayor Morales invited the applicant to come forward.
The applicant agreed with the conditions of approval.
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Mayor Morales closed the public hearing.
A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member
Peat, to adopt a resolution, including the amended language as recommended by the City
Attorney, approving Conditional Use Permit No. 2022-03, with conditions, and confirm the
project is exempt from the California Environmental Quality Act requirements.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Peat, Hertz-Mallari and Morales wow
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Minikus
RESOLUTION NO. 6900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-03, A REQUEST TO
ALLOW ON-SALE BEER AND WINE AT A NEW RESTAURANT LOCATED
AT 4061 BALL ROAD, WITHIN THE CG —COMMERCIAL GENERAL ZONE
AND FINDING THE REQUEST EXEMPT FROM CALIFORNIA
ENVIROMENTAL ACT REQUIREMENTS
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 stated she will be voting "No" on Agenda Item no. 5.
Mayor Morales stated that Agenda Item No. 7, the Warrant Register, includes electronic fund
transfer No. 11362 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. 11362 for the
reason disclosed.
Mayor Pro Tern Hertz-Mallari spoke regarding Agenda Item no. 5.
It was moved by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to
approve Consent Calendar Items No. 2 through 7.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Minikus
Item No. 2: Receive and File Public Comments Submitted for the July 11, 2022 City
Council Meeting
Recommendation: Receive and file submitted public comments.
Item No. 3: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 4: Approve Minutes - Meetings of June 10, 2022 and June 13, 2022
Recommendation: Approve as submitted.
Item No. 5: Approve a Task Order for an Environmental Initial Study/Mitigated
Declaration for a Warehouse Development at 5757 Plaza Drive
Recommendation: Approve a task order with LSA for the preparation of an Environmental
Initial Study/Mitigated Negative Declaration for $81,700.
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Item No 6: Approve the Purchase of One Replacement Police Vehicle
Recommendation:
1. Authorize the purchase of one replacement police vehicle, including upfitting, for
$30,723 from Wondries Fleet Group via National Auto Fleet Group through the
Sourcewell cooperative purchasing program; and
2. Authorize a $30,723 appropriation increase in the City's Capital Replacement Fund
for the replacement police vehicle; and
3. Authorize a transfer of $20,584 from the General Liability Fund to the City's Capital
Replacement Fund for insurance proceeds received to pay for the vehicle
replacement.
Item No. 7: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of June 18, 2022 through July 1, 2022
Recommendation: Approve the attached payment register summarized below for the period
of June 18, 2022 through July 1, 2022
• Electronic Funds Transfers 11201 through 11379
• Warrants 59798 through 59902
• Payroll Transfers W1478
NEW BUSINESS
Item No. 8: Receive and File Police Department Strategic Plan
The Chief of Police provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Hertz-
Maliari to receive and file the Police Department strategic plan.
The motion as unanimously carried by the rolling roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Minikus
Mayor Morales stated that the City Council will take Agenda Item No. 10 out of order.
Item No. 10: Accept the Arnold Cypress Park Preliminary Design
The Director of Public Works and Director of Recreation and Community Services provided
a report on this item.
City Council discussion ensued.
A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member
Peat, to accept the Arnold Cypress Park preliminary design; amend the Seven-Year Capital
Improvement Program (CIP) to update the funding for Arnold Cypress Park Rehabilitation;
and conduct additional public outreach to refine the preliminary design.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Hertz-Mallari and Morales
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Minikus
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Item No. 9: Establish Electric Vehicle Charging Station Operations and Fees
The Director of Public Works provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-
Mallari, to amend the Master Fee Schedule to establish fees for electric vehicle charging at
City facilities; award a contract to Rexel Energy Solutions, a ChargePoint, Inc. Partner, for
a five-year software license at Lexington Park for an amount not to exceed $41,064; award
a five-year Master Services and Subscription Agreement with ChargePoint, Inc. for the use
of ChargePoint services at City-owned charging stations; increase estimated revenues in
the Cypress Recreation and Park District's General Fund by $15,700 for electric vehicle
charging revenue; and appropriate $15,700 in the Cypress Recreation and Park District's
General Fund for costs associated with operating electric vehicle charging stations.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Hertz-Mallari and Morales
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Minikus
Item No. 11: Approve an Amendment to the City Manager Employment Agreement
The City Manager provided a report on this item.
City Council discussion ensued.
The City Attorney interjected and advised Council Members to restrict comments to the
employment agreement.
City Council discussion continued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-
Mallari to approve an amendment to the City Manager employment agreement.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Hertz-Mallari and Morales
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Minikus
Item No. 12: Receive and File a Public Records Act Request from Council member
Marquez
Council Member Marquez provided a statement on this item.
The City Manager provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-
Mallari, to receive and file a Public Records Act request from Council Member Marquez. mmio
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Hertz-Mallari and Morales
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Minikus
Mayor Morales recessed the meeting at 9:38 p.m.
Mayor Morales reconvened the meeting at 9:45 p.m.
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ITEMS FROM CITY COUNCIL MEMEBERS
Item No. 13: Discuss Council Member Marquez's Concerns Related to Conflicts of
Interest Among the Individuals who Negotiated the Franchise Agreement for the
Provision of Solid Waste and Recycling Services with Valley Vista Services, Inc. dba
as Valley Vista Services of Orange County
Council Member Marquez provided a statement on this item.
The City Attorney provided comments regarding legal issues that were raised by the
statements made.
City Council discussion ensued.
The City Attorney provided clarifying comments.
City Council discussion continued.
No action was taken on this item.
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
Ed Kraemer, Cypress, spoke regarding defamation; Agenda Items no. 1, 10, 11, and 12;
and the community survey.
Timothy Yerian, Cypress, spoke regarding trucks dumping in the City Yard.
Katherine Kim, Cypress, spoke regarding request to amend Municipal Code regarding
placement of trash bins.
Helen Le, Cypress, spoke regarding censure of Council Member Marquez, resident recourse
for civility policy violations, and City Council fiduciary duty.
Marilyn Reames, Cypress, spoke regarding applause during City Council meeting and
Ordinance no. 1193.
Malini Nagpal, Cypress, spoke regarding November 22, 2021 Agenda Item no. 11.
Glen Morikawa, Cypress, spoke regarding Agenda Item no. 10, catalytic converter etching
event and Event-News Enterprise article.
David Burke, Cypress, spoke regarding campaign finance reporting.
Glenn Button, Cypress, spoke regarding recent allegations made against Council Members.
COUNCIL MEMBER REPORTS AND REMARKS
Council Member Peat:
Attended the Regional Military Affairs committee meeting. Requested a discussion item be
added to the August 22, 2022 City Council agenda regarding emails provided by Council
Member Marquez in response to a Public Records Act Request and Council Member
Marquez's partnership with organizations outside city and state.
Council Member Marquez objected.
The City Manager provided clarifying comments regarding the process of adding an item to
the agenda.
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Council Member Marauez:
Congratulated new police recruits. Thanked the Recreation department for their work on the
Salute to America event. Shared condolences to Cypress resident Ruth Schnipper. Thanked
Buena Park city staff for their assistance with a Buena Park resident. Requested a
discussion item be added to the August 22, 2022 City Council agenda regarding campaign
documents and statement of economic interests being posted online. Requested an item
be added to the August 22, 2022 City Council agenda directing that all City contracts above
$10,000 be subjected to competitive bidding. ^ *
Council Member Peat objected.
Council Member Marquez requested a discussion item be added to the August 22, 2022
City Council agenda discussion her request regarding contract competitive bidding
requirements.
Mayor Pro Tern Hertz-Mallari:
Attended a press conference at Joint Force Training Base. Served on an ad-hoc committee
for Orange County Fire Authority related to safety and security and was recently appointed
to serve on the Operations committee and Legislation and Public Affairs committee.
Provided information regarding summer reading programs offered through the Orange
County Public Library.
Mayor Morales:
No Report.
CITY MANAGER REMARKS
The City Attorney responded to public comments regarding legal fees.
The City Manager stated Council Members Form 700s are publicly available for viewing on
the FPPC website. Thanked City staff for their work with the Salute to America event.
ADJOURNMENT
By motion of Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, and
unanimously carried 4-0-1, to adjourn at 11:19 p.m. The next Regular Council Meeting will
be held on Monday, August 22, 2022, beginning at 5:30 p.m. in the Executive Board Room.
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