2022-09-26 313
REGULAR MEETING
CYPRESS CITY COUNCIL
SEPTEMBER 26, 2022
6:00 P.M.
A regular meeting of the Cypress City Council was called to order at 6:03 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 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
Human Resources Administrator Regina Nguyen
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 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-W M-CJC
Orange County Superior Court
Prior to recessing into Closed Session, the City Council considered and approved adding the
following urgency item to the Closed Session agenda via a motion made by Mayor Morales,
seconded by Council Member Peat, and carried 4-1-0 with Council Member Marquez opposing:
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)
Significant exposure to litigation —one potential case
Threat from the law firm of Strumwasser&Woocher on behalf of Council Member Marquez
Mayor Morales recessed the meeting at 6:07 p.m.
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RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:19 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
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 Minikus led the Pledge of Allegiance.
INVOCATION Father Binh Nguyen, Saint Irenaeus Catholic Church, led the Invocation.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported the City Council met in Closed Session and held a discussion on
each of the items listed on the Close Session agenda.
Regarding the first item listed on the agenda, namely 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 and no further reportable action
was taken.
Regarding the second Closed Session item listed on the agenda, Public Employee Evaluation
of Performance title City Clerk, he reported the City Council held a discussion, provided
direction and no further reportable action was taken.
Regarding the third Closed Session 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 no further reportable action was taken.
The City Attorney stated before recessing into Closed Session a motion was made by Mayor
Morales, and seconded by Council Member Peat, to add an item to the Closed Session agenda
namely Conference with Legal Counsel, one item of anticipated litigation under the heading
significant exposure to litigation, a threat from Strumwasser & Woocher on behalf of Council
Member Marquez.
The City Attorney reported that 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
He further stated the City Council was unable to hold a discussion on this item and will recess
back into Closed Session following the Public Hearing to continue the discussion.
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PRESENTATION
The Director of Recreation and Community Services provided a presentation on the results of
the Senior Commission Participation Survey.
The Director of Public Works provided a presentation on the Construction Management
Association of America Project Achievement Award for the Police Station Modernization
Project.
The City Council presented a Fire Prevention Week Proclamation to Orange County Fire
* ' Authority Division Chief Steve Dohman.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Mariellen Yarc, Cypress, spoke on behalf of the Cypress Police Foundation regarding A Night
at the Races event.
Marilyn Reames, Cypress, spoke regarding Agenda Item No. 18.
Rachel Strong, Cypress, spoke regarding Halloween route.
Carolyn Balagot, Cypress, spoke regarding the Invocation and Agenda Item No. 18.
David Rose, Cypress, spoke regarding district elections and CVRA litigation.
Jimmy Fuller, Cypress, spoke regarding the Cypress Community Festival.
Carrie Hayashida, Cypress, spoke regarding accommodations for pickle ball during Arnold
Cypress Park renovation.
Bob Youngsma, Cypress, spoke regarding campaign mail he received.
Shelley Henderson, Cypress, spoke on behalf of OC Breeze regarding the Dining, Arts and
Entertainment guide.
David Burke, Cypress, spoke regarding Agenda Item No. 18.
Helen Le, Cypress, spoke regarding electric vehicle charging stations, the City's teen workshop
on college readiness, multifamily commercial trash service, and Agenda Item No. 18.
PUBLIC HEARING
Item No. 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
The Planning Director provided a report on this item.
Mayor Morales asked Council Members to disclose any communication with anyone relevant
to the item.
No communications were disclosed.
' City Council asked questions of staff.
Mayor Morales opened the public hearing.
Mayor Morales invited the applicant to come forward.
The applicant agreed with the conditions of approval.
City Council asked questions of the applicant.
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Mayor Morales invited members of the public to speak on this item.
Jason Kho, a representative of the applicant, elaborated further on the responses to the City
Council's questions.
No other comments were received.
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. 2022-05,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: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-05, A REQUEST TO
ALLOW ON-SALE GENERAL ALCOHOL AT A NEW RESTAURANT LOCATED
AT 5895-B KATELLA AVENUE, WITHIN THE PC-3 PLANNED COMMUNITY
BUSINESS PARK ZONE, FURTHER DETERMINING THAT PUBLIC
CONVIENCE WOULD BE SERVED WITH THE ISSUANCE OF AN ON-SALE
GENERAL ALCOHOLIC BELVERAGE CONTROL LICENSE 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.
Mayor Pro Tem Hertz-Mallari requested to pull Agenda Item No. 14.
Council Member Marquez requested to pull Agenda Items No. 7, 10, 11, 12 and 17.
Council Member Minikus stated that Agenda Item No. 17, the Warrant Register, includes
electronic fund transfer No. 11791 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. 11791 for
the reason disclosed.
Mayor Morales stated that Agenda Item No. 17, the Warrant Register, includes electronic fund
transfer No. 11792 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. 11792 for the reason disclosed.
It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve
Consent Calendar Items No. 2 through 6, 8 through 9, 13, and 15 through 16.
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: Receive and File Public Comments Submitted for the September 26, 2022
City Council Meeting
Recommendation: Receive and file submitted public comments.
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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 — Meeting of September 12, 2022
Recommendation: Approve as submitted.
Item No. 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
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.
ORDINANCE NO. 1198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SELECTED PROVISIONS OF CHAPTER 25
(SUBDIVISIONS)AND APPENDIX I (ZONING) OF THE CYPRESS MUNICIPAL
CODE TO ADOPT REGULATIONS FOR SPECIAL HOUSING TYPES INCLUDING
EMPLOYEE HOUSING, SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, AND
LOW BARRIER NAVIGATION CENTERS; SPECIAL HOUSING REGULATIONS IN
SUPPORT OF HOUSING ELEMENT IMPLEMENTATION; DEVELOPMENTS AND
LOT SPLITS AUTHORIZED BY SENATE BILL 9; AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Item No. 6: Accept the Concrete Rehabilitation, Project 293
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.
Item No 8: Adopt a Resolution to Amend the Conflict of Interest Code
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.
RESOLUTION NO. 6904
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, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, ADOPTING A CONFLICT OF
INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF
INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED
Item No. 9: Approve an Appropriations Increase Associated with the 800 MegaHertz
Countywide Coordinated Communications System
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.
Item No. 13: Approve the Purchase of a Replacement Forklift for Public Works
Recommendation: Approve the $33,280.51 purchase of a replacement forklift for Public Works
from Doosan through Sourcewell cooperative purchasing.
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Item No. 15: Proclaim the Week of October 9-15, 2022 as Fire Prevention Week
Recommendation: Proclaim the week of October 9-15, 2022 as Fire Prevention Week.
Item No. 16: Receive and File the Investment Report for the Month Ended August 31,
2022
Recommendation: Receive and file the attached investment reports.
END OF CONSENT CALENDAR - -
Regarding Item No. 7: Accept the Citywide Park Enhancements, Project 277
Council Member Marquez stated she will be voting no on this item.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari,
to 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 authorize the City Engineer
to file a Notice of Completion with the County Recorder.
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
Regarding Item No. 10: Approve Continuing Appropriations, Revenues and Transfers
from FY 2021-22 to FY 2022-23
Council Member Marquez stated she will be voting no on this item.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari, "
to 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 authorize the appropriation
of$2,647,136 in FY 2022-23 for the carryover of encumbrances at June 30, 2022, as detailed
in in Attachment B; and 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.
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
Regarding Item No. 11: Approve Supplemental Appropriations and Increases to
Estimated Revenues and Transfers for FY 2021-22
Council Member Marquez stated she will be voting no on this item.
A motion was made by Council Member Peat, and seconded by Council Member Minikus, to
approve FY 2021-22 supplemental appropriations of 547,681 and increase estimated revenues
by $730,781 for the City; and approve FY 2021-22 supplemental appropriations of $2,500 for
the Cypress Recreation and Park District; and 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.
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
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Regarding Item No. 12: Approve Cypress Recreation and Park District Continuing
Appropriations from FY 2021-22 to FY 2022-23
Council Member Marquez stated she will be voting no on the item.
A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member
Minikus, to appropriate $1,438,195 in FY 2022-23 for items encumbered at June 30, 2022 as
detailed in attachment A; and appropriate $699,282 in FY 2022-23 for the carryover of
continuing appropriations as detailed in attachment A and; authorize the continuation of
operating transfers to FY 2022-23 totaling $105,243 as detailed in attachment A.
- 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
Regarding Item No 17: Approve Register Warrants, Transfers, and Wires Issued for
the Period of August 27, 2022 through September 9, 2022
The City Attorney clarified that the comments previously made prior to the vote on the Consent
Calendar by Mayor Morales and Council Member Minikus regarding this item would apply to
this discussion.
Council Member Marquez commented on this item.
A motion was made by Council Member Minikus, and seconded by Council Member Peat, to
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 60557and Payroll Transfers W1483.
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
Regarding Item No. 14: Proclaim the Month of September 2022 as Childhood Cancer
Awareness Month
Mayor Pro Tem Hertz-Mallari spoke regarding childhood cancer and in honor of Cypress
residents Hector and Maria Polanco and in memory of their daughter Lucy Polanco.
It was moved by Council Member Peat, and seconded by Council Member Marquez, to
proclaim the month of September 2022 as Childhood Cancer Awareness Month.
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
- NEW BUSINESS
None.
CLOSED SESSION (Continued)
The City Attorney stated the City Council had added a Closed Session item before recessing
into Closed Session at the beginning of the meeting. The item was added by motion of Mayor
Morales, seconded by Council Member Peat, and carried 4-1-0 with Council Member Marquez
opposing, to add a discussion of Conference with Legal Counsel — Anticipated Litigation,
significant exposure to litigation in light of an email received by the City Attorney from the law
firm of Strumwasser& Woocher on behalf of Council Member Marquez.
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The City Attorney recommended the City Council recess into Closed Session prior to Agenda
Item No. 18 and stated Council Member Marquez would not participate in this discussion.
Mayor Morales recessed the meeting at 8:38 p.m.
Mayor Morales reconvened the meeting at 9:22 p.m.
REPORT OF CLOSED SESSION
The City Attorney reported the City Council met in Closed Session to discuss the item added
to the Closed Session agenda at the beginning of the meeting, namely Conference with Legal
Counsel, one item of anticipated litigation under the heading significant exposure to litigation,
regarding the threat from Strumwasser& Woocher on behalf of Council Member Marquez. He
stated the City Council held a discussion with Council Member Marquez not participating,
received a briefing on the threat of litigation and directed that revisions to the proposed censure
resolution presented for this evening be made to remove the references to violations of
Education Code §7054. The City Attorney further stated that there are copies of the proposed
revisions available.
ITEMS FROM CITY COUNCIL
Item No. 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
Mayor Morales provided a report on this item.
City Council discussion ensued.
The City Attorney provided an overview of the City's censure procedures.
It was moved by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, to
adopt a Resolution, as amended, censuring Council Member Marquez for violations of the City
of Cypress Code of Ethics and the City of Cypress 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 rebuttal.
Mayor Morales asked if there was a motion to overturn the censure.
No motion was made.
RESOLUTION NO. 6905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CENSURING COUNCIL MEMBER FRANCES MARQUEZ FOR
VIOLATIONS OF THE CITY OF CYPRESS CODE OF ETHICS AND THE CITY
OF CYPRESS CONDUCT CIVILITY, CONDUCT AND GOVERNANCE POLICY
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Brittney Cook, Cypress, spoke regarding Agenda Item No. 18.
Helen Le, Cypress, spoke regarding Agenda Item No. 18.
Harumi Lucak, Cypress, spoke regarding district elections.
Glenn Button, Cypress, spoke regarding compliance with laws and policies.
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Beth Culver, Cypress, thanked the City Council for their work.
Ed Kraemer, Cypress, spoke regarding Agenda Item No. 18.
Julie Foy, Cypress, spoke regarding Agenda Item No. 7.
Katie Shapiro, Cypress, spoke regarding Agenda Item No. 18.
Maria Campos-Krekos, Cypress, spoke regarding Agenda Item No. 18.
COUNCIL MEMBER REPORTS AND REMARKS
Council Member Marquez:
Attended the Chamber of Commerce networking breakfast. Currently working with the
Department of Veterans Affairs to assist a local veteran with temporary housing. Attended a
League of Women Voters event. Spoke with Anaheim Union High School District
Superintendent. Met with Senator Newman regarding funding for mental health. Attended the
Strategic Planning meeting. Attended the grand opening of the Legacy and Puente Centers at
Cypress College. Thanked Public Works for responding to her maintenance request. Spoke
regarding services offered at Express Urgent Care.
Council Member Peat:
Attended the Strategic Planning meeting. Congratulated Mayor Pro Tem Hertz-Mallari on the
annual Boys and Girls Club of Greater Anaheim/Cypress Gala event. Encouraged local
candidates to review City rules and policies regarding campaign advertisement.
Council Member Minikus:
Thanked the community for reaching out regarding his absence at the last meeting. Spoke
regarding Suicide Prevention and Awareness month. Attended a candidate forum hosted by a
local resident.
Mayor Pro Tern Hertz-Mallari:
Attended St. Irenaeus Catholic Church Fall Fiesta. Attended the Strategic Planning meeting.
Attended the grand opening of the Legacy and Puente Centers at Cypress College. Visited the
OCFA Fire Station at Fullerton Airport and participated in a ride along. Will attend an upcoming
suicide prevention event at Fire Station No. 17.
Mayor Morales:
No Report.
CITY MANAGER REMARKS
The City Manager provided information on the Cypress Community Festival and Cypress Run.
Reminded residents about upcoming events in the month of October.
ADJOURNMENT
A motion was made by Council Member Peat, seconded by Council Member Minikus, and
unanimously carried 5-0-0, to adjourn the meeting at 10:40 p.m. The next Regular City Council
Meeting will be held on Monday, October 10, 2022, beginning at 5:30 p.m. in the Executive
Board Room.
/1 / . 1)/(JVIGeL)
M OR OF THE CITY OF CYPRESS
ATTEST.
CITY CLERK OF TH CITY OF CYPRESS