2022-10-10 322
REGULAR MEETING
CYPRESS CITY COUNCIL
OCTOBER 10, 2022
6:00 P.M.
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Morales in the Executive Board Room, 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 6:05 p.m.
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
The City Attorney announced the City Council would convene in Closed Session regarding
the following matters:
CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. France Marquez, City of Cypress
Case No. 30-2022-01277792-CU-W M-CJC
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation — one potential case
Claimant: BKK Working Group
Mayor Morales recessed the meeting at 6:02 p.m.
RECONVENE
Mayor Morales 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
Mayor Pro Tern Anne Hertz-Mallari
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
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
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City Clerk Alisha Farnell
Community Outreach Officer Julie Marquez
PLEDGE OF ALLEGIANCE Mayor Pro Tern Hertz-Mallari 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 discussed the
two items listed on the Closed Session Agenda.
Regarding the first item listed on the agenda, namely Conference with Legal Counsel —
Existing Litigation, the matter of Fortis LLP v. Frances Marquez, City of Cypress. He reported
that the City Council held a discussion and by motion of Mayor Pro Tem Hertz-Mallari,
seconded by Council Member Minikus, and carried 4-1-0 with Council Member Marquez
voting No, the City Council declined to provide a defense in that matter to Council Member
Marquez but reserves the right to provide indemnification in the future depending on the
outcome of the matter.
Regarding the second Closed Session item listed on the agenda, Conference with Legal
Counsel — Anticipated Litigation, the matter of BKK Working Group, significant exposure to
litigation. He reported the City Council received an update and held a discussion. A motion
was made by Council Member Minikus, seconded by Council Member Marquez, and carried
4-0-1 with Mayor Pro Tem Hertz-Mallari abstaining and not participating in the vote, to
approve a three-year tolling agreement with BKK working group.
PRESENTATION
The City Manager provided a presentation on the Certificate of Achievement for Excellence
in Financial Reporting.
The City Council presented Cypress Police Department with a "Red Ribbon Week"
Proclamation. Community Outreach Officer Julie Marquez accepted the Proclamation on
behalf of the Police Department.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Edwin Kraemer, Cypress, spoke regarding agenda item no. 13.
Shelley Henderson, Cypress, spoke on behalf of the Cypress Chamber of Commerce
regarding the Candidate Forum.
Bob Youngsma, Cypress, spoke regarding California Voting Rights Act litigation, a fallen
tree that blocked a residential street, and alleged bias on the City Council.
Lianne Osendorf, Cypress, apologized for a social media post she unintentionally posted on
the City's page and spoke regarding the visit to Cypress High School by Council Member
Marquez and two candidates.
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.
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Mayor Pro Tem Hertz-Mallari commented on Agenda Items No. 9 and 11.
Council Member Marquez commented on Agenda Item No. 9 and requested to pull the item
for further discussion.
It was moved by Council Member Peat, and seconded by Council Member Minikus, to
approve Consent Calendar Items No. 1 through 8, 10 through 12.
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. 1: Receive and File Public Comments Submitted for the October 10, 2022
City Council Meeting
Recommendation: Receive and file submitted public comments.
Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 3: Approve Minutes — Meeting of September 21, 2022 and September 26,
2022
Recommendation: Approve as submitted.
Item No. 4: Accept Katella Avenue Median Restoration, Project 267
Recommendation:
1. Accept the Katella Avenue Median Restoration Project 267, in the amount of
$436,224.03 and approve the final payment of $21,811.20 to Marina Landscape Inc.;
and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 5: Adopt a Resolution Amending Hourly Pay Ranges for Temporary Part-
Time and Seasonal Employees
Recommendation: Adopt a Resolution amending hourly pay ranges for temporary part-time
and seasonal employees.
RESOLUTION NO. 6906
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. 6866 ESTABLISHING HOURLY PAY RANGES FOR
TEMPORARY PART-TIME AND SEASONAL POSITIONS
Item No 6: Adopt a Resolution Establishing Salary and Benefits for non-
Represented Confidential Positions
Recommendation: Adopt a Resolution amending Resolution No. 6850 establishing salary -
and benefits for non-represented Confidential positions.
RESOLUTION NO. 6907
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. 6850 ESTABLISHING SALARY RANGES AND
BENEFITS FOR CONFIDENTIAL POSITIONS
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Item No. 7: Adopt Resolutions Establishing Salary and Benefits for Executive
Management and Mid-Management Positions
Recommendation:
1. Adopt a Resolution establishing salary ranges for Executive Management positions; and
2. Adopt a Resolution establishing salary ranges for Mid-Management positions; and
3. Adopt a Resolution approving the Schedule of Benefits (Exhibit A) for Executive
Management and Mid-Management positons.
RESOLUTION NO. 6908
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.
6851 ESTABLISHING SALARY RANGES FOR EXECUTIVE MANAGEMENT
POSITIONS
RESOLUTION NO. 6909
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. 6898 ESTABLISHING SALARY RANGES FOR
MID-MANAGEMENT POSITIONS
RESOLUTION NO. 6910
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. 6859 ESTABLISHING BENEFITS FOR MANAGEMENT
EMPLOYEES
Item No 8: Adopt a Resolution Delegating Certain Oversight Responsibilities for the
Office of the City Clerk to the City Manager
Recommendation: Adopt a Resolution delegating certain oversight responsibilities for the
Office of the City Clerk to the City Manager.
RESOLUTION NO. 6911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DELEGATING TO THE CITY MANAGER CERTAIN
OVERSIGHT RESPONSIBILITIES FOR THE OFFICE OF THE CITY CLERK
Item No. 10: Award a Contract for Sewer Relining, Project 317
Recommendation:
1. Approve Plans and Specifications for Sewer Relining, Project 317; and
2. Award a contract to Nu Line Technologies, LLC, CA for $163,129 and authorize a
contingency of$24,500; and
3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc., for
$25,090, and authorize a contingency of$3,750.
Item No. 11: Proclaim the week of October 23-29, 2022 as Red Ribbon Week
Recommendation: Proclaim the week of October 23-29, 2022 as Red Ribbon Week.
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Item No. 12: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of September 10, 2022 through September 23, 2022
Recommendation: Approve the attached payment register summarized below for the period
of September 10, 2022 through September 23, 2022
• Electronic Funds Transfers 11819 through 11940
• Warrants 60558 through 60659
• Payroll Transfers W1484
END OF CONSENT CALENDAR
Regarding Item No. 9: Approve an Amendment to the Agreement for City Attorney
Services
Council Member Marquez stated she will be voting no on this item.
It was moved by Council Member Peat, and seconded by Council Member Minikus, to
approve Amendment No. 5 to the Amended and Restated Agreement with Aleshire &
Wynder, LLP for City Attorney Services and increase appropriations $35,000 in the General
Fund to provide for additional FY 2022-23 costs resulting from Amendment No. 5 to the
agreement for City Attorney Services.
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. 13: Neighborhood Preservation Pilot Program Update
The Planning Director provided a presentation on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to receive the Neighborhood Preservation Pilot Program update.
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. 14: Adopt the Strategic Plan and Six Month Objectives
The City Manager provided a report on this item.
Council Member Peat commented on this item.
A motion was made by Council Member Peat, and seconded by Council Member Minikus,
to adopt the Strategic Plan and six month objectives.
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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ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
Lianne Osendorf, Cypress, spoke regarding misrepresentation of what occurs at City
Council meetings, in opposition to district voting, and contention on the City Council.
Bob Youngsma, Cypress spoke regarding trash can placement at Rosen Acacia Park and
government/politics class in high school.
Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 13, Arnold Cypress Park
renovation, and Cypress High School visit by Council Member Marquez and two candidates.
Maria Campos, Cypress, spoke regarding Cypress High School visit by Council Member
Marquez and two candidates.
COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:
Attended the Cypress Community Festival and Cypress Run.
Council Member Peat:
Attended the Regional Military Affairs Committee meeting. Attended the Cypress Run and
Cypress Community Festival.
Council Member Marquez:
Attended the Cypress Community Festival. Thanked the Cypress Police Department for their
participation in National Walk to School Day.
Mayor Pro Tern Hertz-Mallari:
Thanked the Cypress Chamber of Commerce and Cypress College for hosting the City
Council Candidate Forum. Thanked the League of Woman Voters for hosting the Cypress
School District Board Member Candidate Forum. Shared voter registration information.
Attended a Celebration Event at Cypress College Veterans Resource Center. Attended the
Cypress Run and Cypress Community Festival. Participated in the Community Indicators
Report regarding conditions of children in Orange County. Attended a tour of Earth Friendly
Products' headquarters. Will attend an upcoming event for an Orange County Fire Authority
wildland hand crew station. Spoke regarding information available on the City's website on
the redesign of Arnold Cypress Park.
The City Manager stated the last day to register to vote is October 24.
Mayor Morales:
Spoke regarding Celebrate Cypress Month events that have occurred and those still to
come.
CITY MANAGER REMARKS
The City Manager provided information on the State of the City and Mayor's Prayer
Breakfast. Spoke regarding Red Ribbon Week and partnership with Anaheim Union High
School District to address the Fentanyl crisis. Spoke regarding West Cities Police
Communications Center's contract renewal with the County of Orange. Congratulated
Recreation Coordinator Ervy Rodriquez for winning his age division and finishing second
overall in the Cypress 10k Run. Congratulated his wife for finishing third in her age division
and 9th overall in the Cypress 5k Run. Wished his wife a Happy Anniversary.
Council Member Marquez interjected to give a shout out to a resident and thanked her for
her support. Further, Council Member Marquez requested to place a letter regarding the
June 27, 2022 censure resolution of herself on a future agenda.
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Discussion ensued between the City Council, City Attorney, and City Manager.
The City Attorney stated the discussion would be relative to a potential reconsideration of
an issue the City Council has already decided and is outside the policy to request an item
on the agenda.
ADJOURNMENT
A motion was made by Council Member Peat, seconded by Council Member Minikus, and
carried 4-1-0, with Council Member Marquez voting No, to adjourn the meeting at 8:32 p.m. " "
Mayor Morales announced the next Regular City Council Meeting will be held on Monday,
October 24, 2022, beginning at 5:30 p.m. in the Executive Board Room.oM YOR OF THE CITY OF CYPRESS
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