Agenda 2022-09-26
AGENDA
REGULAR MEETING
CYPRESS CITY COUNCIL
September 26, 2022
6:00 P.M.
www.cypressca.org Council Chambers
5275 Orange Avenue
Cypress, California
PUBLIC PARTICIPATION
Members of the public can participate in this meeting as follows:
1. Attend In-Person. First-come, first-served seating is available in the Council Chambers. Face
coverings are strongly recommended and all in-person attendees must be free of any symptoms
associated with COVID-19.
2. Attend Virtually via Webinar. This option provides the ability to provide live public comments
during Oral Communications or Public Hearings and view slideshow presentations. Please
register at https://attendee.gotowebinar.com/register/3914667540557772816 to receive an
email containing a link to join the webinar. Advance registration is recommended.
3. Watch the Meeting. The City Council meeting can be viewed live on Spectrum Cable
Channel 36 or on the City's website at www.cypressca.org/watchlive.
4. Listen to the Meeting. The public may participate via the listen-only teleconference mode by
calling (562) 247-8422 and entering Access Code 798-972-350 when prompted. No registration
or audio pin is necessary.
5. Submit Public Comments Prior to the Meeting. The public may submit comments via email
to cityclerk@cypressca.org. Comments submitted by 3:00 p.m. on September 26, 2022 will be
added to the City Council agenda as a Consent Calendar item.
CALL TO ORDER
6:00 P.M.
Executive Board Room
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
ORAL COMMUNICATIONS (Three minutes per speaker, unless extended by the City Council)
The public may address the City Council on matters appearing on the Closed Session or
Workshop agenda. Although Council Members may provide brief responses, the City Council
may not discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If
you would like to address the City Council via the meeting webinar, please click the 'hand raise'
button, unmute your microphone and wait for the Mayor or City Clerk to call on you.
= Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit
their comments to no more than three minutes.
Alternatively, comments may be submitted to cityclerk@cypressca.org prior to 3:00 p.m. on
September 26, 2022. All comments submitted via email prior to the deadline will be added to
the agenda as a Consent Calendar item.
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 OF PERFORMANCE
Pursuant to Government Code Section 54957
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. Frances Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court
RECONVENE
7:00 P.M.
Council Chambers
September 26, 2022 | Page 2
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
PLEDGE OF ALLEGIANCE
INVOCATION Saint Irenaeus Catholic Church
The City Council does not endorse the content of the invocation and does not endorse the
invocational speaker’s particular faith, belief and/or religious denomination. The City Council
has an established neutral policy for selecting and scheduling invocational speakers. The City
Council’s policy on invocations is available from the City Clerk.
REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney
PRESENTATIONS
Results of the Senior Commission Participation Survey
Construction Management Association of America Project Achievement Award
Fire Prevention Week Proclamation
ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless
extended by the City Council)
The public may address the City Council on any matters prior to any action taken on the
agenda. Although Council Members may provide brief responses, the City Council may not
discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If
you would like to address the City Council via the meeting webinar, please click the 'hand
raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you.
= Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit
their comments to no more than three minutes.
September 26, 2022 | Page 3
Alternatively, comments may be submitted to cityclerk@cypressca.org prior to 3:00 p.m. on
September 26, 2022. All comments submitted via email prior to the deadline will be added to
the agenda as a Consent Calendar item.
PUBLIC HEARINGS
Public comments – five minutes per speaker, unless extended by the City Council.
If you would like to provide comments on a Public Hearing item in person, please complete a
Speaker's Card available at the podium. If you would like to provide comments on a Public
Hearing item via the meeting webinar, please click the 'hand raise' button, unmute your
microphone and wait for the Mayor or City Clerk to call on you.
= Hand Raise = Unmute
Speakers providing comments in person will be called first. Members of the public
providing comments via webinar are encouraged to also submit a written copy of their
comments to cityclerk@cypressca.org prior to 3:00 p.m. on September 26, 2022. This will
ensure your comments are included in the public hearing record should you experience any
technical difficulties during the public hearing.
Council Members should disclose communications with anyone relevant to a Public Hearing
item.
1.Approve Conditional Use Permit No. 2022-05 to Permit the Sale of On-Sale
General Alcohol for a Restaurant at 5895-B Katella Avenue
Prepared by: Alicia Velasco, Planning Director
Recommendation: Adopt a Resolution approving Conditional Use Permit No. 2022-05,
with conditions, and confirm the project is exempt from the California Environmental
Quality 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.
2.Receive and File Public Comments Submitted for the September 26, 2022 City
Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.
3.Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
September 26, 2022 | Page 4
4.Approve Minutes - Meeting of September 12, 2022
Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.
5.Second Reading of an Ordinance Amending Selected Provisions of Chapter 25
(Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to
Implement the Housing Element and Comply with State Housing Laws
Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve the second reading and adopt an Ordinance, by title only
and waive further reading, amending selected provisions of Chapter 25 (Subdivisions)
and Appendix I (Zoning) of the Cypress Municipal Code to implement the Housing
Element and comply with State housing laws.
6.Accept the Concrete Rehabilitation, Project 293
Prepared by: Doug Dancs, Director of Public Works
Recommendation:
1. Accept the Concrete Rehabilitation, Project 293, in the amount of $250,041.50 and
approve the final payment of $12,502.08 to CJ Concrete Construction Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
7.Accept the Citywide Park Enhancements, Project 277
Prepared by: Doug Dancs, Director of Public Works
Recommendation:
1. Accept the Citywide Park Enhancements, Project 277, in the amount of $220,759.61
and approve the final payment of $11,037.98 to Speedy Fix Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
8.Adopt a Resolution to Amend the Conflict of Interest Code
Prepared by: Alisha Farnell, City Clerk
Recommendation: Adopt a Resolution amending the Conflict of Interest Code for the
City and Recreation and Park District, which supersedes all prior Conflict of Interest
Codes and amendments previously adopted.
September 26, 2022 | Page 5
9.Approve an Appropriations Increase Associated with the 800 Megahertz
Countywide Coordinated Communications System
Prepared by: Mark Lauderback, Chief of Police
Recommendation: Approve an appropriations increase of $35,213 in the General
Fund to provide for the City's FY 2022-23 share of costs for the Orange County 800
Megahertz Countywide Coordinated Communications System.
10.Approve Continuing Appropriations, Revenues and Transfers from FY 2021-22
to FY 2022-23
Prepared by: Matt Burton, Director of Finance and Administrative Services
Recommendation:
1. Authorize the appropriation of $3,040,288 in FY 2022-23 for the carryover of
continuing appropriations from FY 2021-22, as detailed in Attachment A; and
2. Authorize the appropriation of $2,647,136 in FY 2022-23 for the carryover of
encumbrances at June 30, 2022, as detailed in Attachment B; and
3. Authorize the continuation of operating transfers totaling $1,340,437 and estimated
grant revenue totaling $306,437 from FY 2021-22 to FY 2022-23, as detailed in
Attachment C to support carryover appropriations.
11.Approve Supplemental Appropriations and Increases to Estimated Revenues
and Transfers for FY 2021-22
Prepared by: Matt Burton, Director of Finance and Administrative Services
Recommendation:
1. Approve FY 2021-22 supplemental appropriations of $547,681 and increase
estimated revenues by $730,781 for the City; and
2. Approve FY 2021-22 supplemental appropriations of $2,500 for the Cypress
Recreation and Park District; and
3. Approve a $1,106,889 transfer from the Park District to the City's Infrastructure
Fund as partial payment on the outstanding Repayment Agreements and Promissory
Notes between the District and the City.
September 26, 2022 | Page 6
12.Approve Cypress Recreation and Park District Continuing Appropriations from
FY 2021-22 to FY 2022-23
Prepared by: Matt Burton, Director of Finance and Administrative Services
Recommendation:
1. Appropriate $1,438,195 in FY 2022-23 for items encumbered at June 30, 2022 as
detailed in Attachment A; and
2. Appropriate $699,282 in FY 2022-23 for the carryover of continuing appropriations
as detailed in Attachment A; and
3. Authorize the continuation of operating transfers to FY 2022-23 totaling $105,243 as
detailed in Attachment A.
13.Approve the Purchase of a Replacement Forklift for Public Works
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve the $33,280.51 purchase of a replacement forklift for
Public Works from Doosan through Sourcewell cooperative purchasing.
14.Proclaim the Month of September 2022 as Childhood Cancer Awareness Month
Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim the month of September 2022 as Childhood Cancer
Awareness Month.
15.Proclaim the Week of October 9-15, 2022 as Fire Prevention Week
Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim the week of October 9-15, 2022 as Fire Prevention Week.
16.Receive and File the Investment Report for the Month Ended August 31, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services
Recommendation: Receive and file the attached investment reports.
17.Approve Register of Warrants, Transfers, and Wires Issued for the Period of
August 27, 2022 through September 9, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services
Recommendation: Approve the attached payment register summarized below for the
period of August 27, 2022 through September 9, 2022:
Electronic Funds Transfers 11776 through 11818
Warrants 60457 through 60557
Payroll Transfers W1483
September 26, 2022 | Page 7
NEW BUSINESS
None.
ITEMS FROM CITY COUNCIL MEMBERS
18.Adopt a Resolution Censuring Council Member Marquez for Violations of
California Education Code § 7054, the City of Cypress Code of Ethics, and the
City of Cypress Civility, Conduct and Governance Policy
Agendized by: Paulo Morales, Mayor
Recommendation: Adopt a Resolution censuring Council Member Marquez for
violations of California Education Code § 7054, the City of Cypress Code of Ethics, and
the City of Cypress Civility, Conduct and Governance Policy.
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
The public may address the City Council on any matters prior to any action taken on the
agenda. Although Council Members may provide brief responses, the City Council may not
discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If
you would like to address the City Council via the meeting webinar, please click the 'hand
raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you.
= Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit
their comments to no more than five minutes.
Alternatively, comments may be submitted to cityclerk@cypressca.org prior to 3:00 p.m. on
September 26, 2022. All comments submitted via email prior to the deadline will be added to
the agenda as a Consent Calendar item.
COUNCIL MEMBER REPORTS AND REMARKS
CITY MANAGER REMARKS
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, October 10,
2022, beginning at 5:30 p.m. in the Executive Board Room.
September 26, 2022 | Page 8
I hereby certify under penalty of perjury under the laws of the State of California, that the
foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the
meeting. Dated this 23rd day of September, 2022.
________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to
participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours
prior to the meeting to enable the City to make reasonable arrangements to assure accessibility
to this meeting.
September 26, 2022 | Page 9