2022-11-14 334
REGULAR MEETING
CYPRESS CITY COUNCIL
NOVEMBER 14, 2022
7:00 P.M.
A regular meeting of the Cypress City Council was called to order at 7:07 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 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
Assistant Director of Finance and Administrative Services Donna Mullally
Human Resources Administrator Regina Nguyen
PLEDGE OF ALLEGIANCE Mayor Morales led the Pledge of Allegiance.
INVOCATION Father Mauro, St. Irenaeus Catholic Church, led the Invocation.
PRESENTATION
The City Council presented a Certificate of Special Recognition to the Residence Inn in
recognition of their 20th Anniversary in Cypress.
The City Council recognized Recreation Supervisor Shelly Meyers in honor of her upcoming
retirement.
A representative from Orange County Sanitation District provided an update on the Orange-
Western Trunk Sewer project.
The Cypress Community Festival Association provided a recap of the 2022 Cypress
Community Festival.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Edwin Kramer, Cypress, spoke regarding Agenda Item No. 25.
01,.411111
Bob Youngsma, Cypress, spoke regarding municipal elections.
Helen Le, Cypress, spoke regarding campaign contributions.
Shelley Henderson, Cypress, spoke on behalf of OC Breeze regarding event updates.
PUBLIC HEARINGS
Item No. 1: Adopt the 2022 California Model Building, Electrical, Plumbing, and Fire
Codes with Amendments
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The Director of Public Works provided a report on this item.
Mayor Morales asked Council Members to disclose communication with anyone relevant to
the item.
No communications were disclosed.
Mayor Morales opened the Public Hearing and invited the public to provide comments on this
item.
Bob Youngsma, Cypress, spoke regarding employee training on new codes.
There were no further comments.
Mayor Morales closed the Public Hearing.
A motion was made by Council Member Peat, and seconded by Council Member Minikus, to
waive further reading and adopt the four ordinances, by title only, adopting the 2022 California
Model Building, Electrical, Plumbing, and Fire Codes with amendments.
The City Attorney read the title of the Ordinances.
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
ORDINANCE NO. 1199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE
CYPRESS MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE
2022 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2022 EDITION
OF THE CALIFORNIA RESIDENTIAL CODE, THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 EDITION
OF THE CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF THE
UNIFORM HOUSING CODE, THE 2022 EDITION OF THE CALIFORNIA
ADMINISTRATIVE CODE, THE 2022 EDITION OF THE CALIFORNIA
EXISTING BUILDING CODE, AND REPEALING ORDINANCE NO. 1178
ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 8 OF THE CYPRESS CITY MUNICIPLE CODE AND
THEREBY ADOPTING BY REFERENCE THE CALIFORNIA ELECTRICAL
CODE, 2022 EDITION, WITH CERTAIN AMENDMENTS AND REPEALING
ORDINANCE NO. 1179
ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 19 OF THE CYPRESS MUNICIPAL CODE AND
THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH
CERTAIN AMENDMENTS THERETO: THE 2022 EDITION OF THE
CALIFORNIA PLUMBING CODE, THE 2018 EDITION OF THE
INTERNATIONAL SWIMMING POOL, SPA, AND HOT TUB CODE, AND THE
UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION
STANDARDS AND REPEALING ORDINANCE NO. 1180
ORDINANCE NO. 1202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 5-3 OF CHAPTER 5 OF THE CYPRESS MUNICIPAL
CODE, AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING
CODE WITH CERTAIN AMENDMENTS THERETO: THE 2022 EDITION OF
THE CALIFORNIA FIRE CODE AND REPEALING ORDINANCE NO. 1181
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Item No. 2: Approve Conditional Use Permit No. 2022-06 to Permit On-Site General
Alcohol Sales and Expand a Restaurant at 5115, 5117, and 5123 Ball Road
The Planning Director provided a report on this item.
Mayor Morales asked Council Members to disclose communication with anyone relevant to
the item.
No communications were disclosed.
Mayor Morales opened the Public Hearing and invited the applicant to come forward.
The applicant stated they are in agreement with the proposed conditions.
City Council asked questions of the applicant.
Mayor Morales invited the public to provide comments on this item.
Helen Le, Cypress, spoke in support of this item.
Edwin Kramer, Cypress, spoke in support of this item.
There were no further comments.
Mayor Morales closed the Public Hearing.
A motion was made by Council Minikus, and seconded by Council Member Peat, to adopt a
Resolution approving Conditional Use Permit No. 2022-06, 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. 6915
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2022-06, PERMITTING ON-
SALE GENERAL ALCOHOL AND AN INTERIOR EXPANSION OF AN
EXISTING RESTAURANT LOCATED AT 5115, 5117 & 5123 BALL ROAD,
WITHIN THE CN-COMMERCIAL NEIGHBORHOOD ZONE AND FINDING THE
REQUEST EXEMPT FROM CALIFORNIA ENVIROMENTAL ACT
REQUIREMENTS
Item No. 3: Approve an Amendment to Conditional Use Permit NO. 98-11 to Permit the
On-Site Sale of General Alcohol and Expand the Outdoor Dining Area for a Restaurant
at 9921 Walker Street
The Planning Director provided a report on this item.
Mayor Morales asked Council Member to disclose communication with anyone relevant to the
item.
Council Member Peat and Minikus disclosed communication with the applicant.
The Planning Director answered questions from Council Members.
Mayor Morales opened the Public Hearing and invited the applicant to come forward.
The applicant stated they are in agreement with the proposed conditions.
City Council asked questions of the applicant.
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Mayor Morales invited the public to provide comments on this item.
Helen Le, Cypress, spoke in support of this item.
There were no further comments.
Mayor Morales closed the Public Hearing.
A motion was made my Council Member Peat, and seconded by Council Member Marquez,
to adopt a Resolution approving an amendment to Conditional Use Permit No. 98-11, 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. 6916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 98-11,
PERMITTING ON-SALE GENERAL ALCOHOL AND A 510 SQUARE FOOT
OUTDOOR PATIO AT AN EXISTING RESTAURANT LOCATED AT 9921
WALKER STREET, 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 requested to pull Agenda Items No. 14 through 18.
Mayor Pro Tem Hertz-Mallari announced she will not be voting on Agenda Item No. 19
because, although she does not have a conflict of interest, the vendor Konica Minolta is a
donor to her employer, the Boys and Girls Club of Greater Anaheim/Cypress.
A motion was made by Council Member Peat, and seconded by Council Member Marquez,
to approve Consent Calendar items No. 4 through 13 and 19 through 24.
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. 4: Receive and File Public Comments Submitted for the November 14, 2022
City Council Meeting
Recommendation: Receive and file submitted public comments.
Item No. 5: Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading
Item No. 6: Approve Minutes — Meeting of October 24, 2022
Recommendation: Approve as submitted.
Item No. 7: Adopt a Resolution Approving the Measure M2 Annual Expenditure
Report
Recommendation: Adopt a Resolution approving the Measure M2 Annual Expenditure Report
for the fiscal year ended June 30, 2022.
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RESOLUTION NO. 6917
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, CONCERNING THE
MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF CYPRESS FOR
THE FISCAL YEAR ENDED JUNE 30, 2022
Item No. 8: Accept the Annual Residential Street Rehabilitation, Project 292
Recommendation:
1. Accept the Annual Residential Street Rehabilitation, Project 292, in the amount of
$766,831.55 and approve the final payment of$38,341.58 to Onyx Paving Company; and
2. Authorize the City Engineer to file the Notice of Completion with the County Recorder.
Item No. 9: Accept the Police Department Sewer Lateral Repairs, Project 303
Recommendation:
1. Accept the Police Department Sewer Lateral Repairs, Project 303, in the amount of
$302,479; and
2. Approve a $65,479 appropriation increase in the Sewer Fund for the project.
Item No. 10: Accept the Sewer System Evaluations, Project 302
Recommendation:
1. Accept the Sewer System Evaluations, Project 302, in the amount of $92,283.60 and
approve the final payment of$4,614.18 to Pipe Tec Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 11: Accept the Street Rehabilitation, Project 313
Recommendation:
1. Accept the Street Rehabilitation, Project 313, in the amount of $344,382.05 and approve
the final payment of$17,219.10 to American Asphalt South Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 12: Approve Final Parcel Map No. 2021-156 for the 13-Acre Site at Katella
Avenue and Winners Circle
Recommendation: Approve the Final Parcel Map No. 2021-156 and authorize the City Clerk
to sign the record map
Item No. 13: Approve Final Tract Map No. 19147 for the 6.3-Acre Site at 9470 Moody
Street
Recommendation: Approve Final Tract Map No. 19147 and authorize the City Clerk to sign
the record map.
Item No. 19: Approve the Purchase of Replacement Multi-Function Copiers
Recommendation:
1. Approve the purchase of nine multi-function copiers form Konica Minolta Business
Solutions U.S.A, Inc., (KMBS) for $66,197.99; and
2. Award a five-year maintenance agreement for the nine copiers to Konica Minolta Business
Solutions U.S.A, Inc., (KMBS)for maintenance, support and supplies.
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Item No. 20: Approve an Agreement for the Senior Center Nutrition Program
Recommendation: Approve a five-year agreement with Meals on Wheels OC for the Senior
Nutrition Program for an amount not to exceed $45,000.
Item No. 21: Approve Cypress Recreation and Community Services Foundation
Purchasing Practices and Receive Expenditures and Annual Report
Recommendation:
1. Authorize a $1,901 reimbursement from the Recreation and Community Services
Foundation to the Recreation and Park District for the 5K/10K Run/Walk; and
2. Provide the Foundation's Executive Director authority to approve expenditures, enter into
contracts, and execute associated instruments consistent with the City Manager's
Municipal Code authority; and
3. Receive and file the Recreation and Community Services Foundation Annual Report for
the Fiscal Year Ended June 30, 2022.
Item No. 22: Approve a Task order to Communications LAB for Communications
Support and Marketing
Recommendation:
1. Approve a Task Order to Communications LAB for $42,000 for Communications Support
and Marketing through June 30, 2023; and
2. Authorize a $42,000 appropriation transfer in the General Fund from personnel costs to
contract services.
Item No. 23: Receive and File an Update on the Strategic Plan Six-Month Objectives
Recommendation: Receive and file and update on the strategic plan six-month objectives.
Item No. 24: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of October 8, 2022 through October 28, 2022
Recommendation: Approve the attached payment register summarized below for the period
of October 8, 2022 through October 28, 2022:
• Electronic Funds Transfers 11986 through 12007
• Warrants 60775 through 60996
• Payroll Transfers W1486
END OF CONSENT CALENDAR
Regarding Item No. 14: Approve Plans and Specifications and Award Contract for
Concrete Rehabilitation, Project 319
Council Member Marquez commented on this item.
A motion was made by Council Member Peat, and seconded by Council Member Marquez,
to approve plans and specifications for Concrete Rehabilitation, Project 319; and award a
contract to CT&T Concrete Paving Inc. of Diamond Bar, CA, for $231,882.80, and authorize
a contingency of $34,800; and approve a task order for construction inspection services to
Ardurra Group Inc., for$64,970 and authorize a contingency of$6,500.
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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Regarding Item No. 15: Approve Plans and Specifications and Award Contract for
Sewer System Evaluations, Project 318
Council Member Marquez commented on this item.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari,
to approve plans and specifications for Sewer System Evaluations, Project 318; and award a
contract to Premier Pipe Inc., Upland, CA, for $109,101 and authorize a contingency of
$16,400.
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
Regarding Item No. 16: Approve Plans and Specifications and Award Contracts for
Arterial Street Rehabilitation, Project 316
Council Member Marquez commented on this item.
A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat,
to approve plans and specifications for Arterial Street Rehabilitation, Project 316; and award
a contract to Hardy & Harper Inc., for $1,848,000 and authorize a contingency of $185,000;
and approve a task order for construction inspection services to Ardurra Group Inc., for
$132,450 and authorize a contingency of $13,300; and approve a $324,914 appropriation
increase in the Road Maintenance and Rehabilitation Account (RMRA) fund for the Arterial
Street Rehabilitation, Project 316.
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
Regarding Item No. 17: Approve an Agreement with Enterprise Holdings for Police
Department Car Rentals
Council Member Marquez commented on this item.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari,
to approve an agreement with Enterprise Holdings for an amount not to exceed $27,589 for
Fiscal Year 2022-23.
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
Regarding Item No. 18: Approve the Purchase of Police Department Motorcycles
Council Member Marquez commented on this item.
A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat,
to approve the purchase of two replacement motorcycles from Iry Seaver — Orange for
$60,560; and approve a $30,280 appropriation in the Capital Replacement Fund and transfer
$30,280 from the General Liability Fund to the Capital Replacement Fund.
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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NEW BUSINESS
Item No. 25: Receive the Arnold Cypress Park Reimagining Public Engagement Report
The Director of Public Works and Director of Recreation and Community Services provided a
report on this item.
Staff answered questions from Council Members.
No action was taken.
Item No. 26: Adopt a Resolution Approving a Memorandum of Understanding with the
Cypress Police Officers' Association from July 1, 2022 through June 30, 2026
The Human Resources Administrator provided a report on this item.
A motion was made by Council Member Peat, and seconded by Mayor Morales, to adopt a
Resolution approving a Memorandum of Understanding with the Cypress Police Officers'
Association for July 1, 2022 through June 30, 2026; and approve a $555,000 appropriation in
the General Fund for FY 2022-23 salary and benefit costs which exceed the adopted budget.
Mayor Pro Tem Hertz-Mallari commented on this item.
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. 6918
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 APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION
CONCERNING WAGES SALARIES, FRINGE BENEFITS AND CONDITIONS
OF EMPLOYMENT
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Helen Le, Cypress, spoke regarding Agenda Item No. 25.
Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 25.
COUNCIL MEMBER REPORTS AND REMARKS
Council Member Marquez:
Attended the Cypress Women's Conference and expressed her appreciation to the Cypress
Women's Club and the event speakers. She further congratulated the Woman of the Year
award recipient. Attended the grand opening of the Homeless Outreach and Proactive
Engagement Center (HOPE) in Fullerton. Thanked the Recreation Department for hosting a
Veterans Day Tribute Lunch at the Senior Center. Thanked the Recreation Department for
helping Cypress High School with field reservations at Lexington Park. Attended the Heroes
Hall Veterans Day event at the Orange County Fairgrounds. Will attend the California League
of California Cities Conference. Will attend the Southern California Association of
Government 13th Annual economic summit. Announced office hours at Cypress Arnold Park.
Congratulated the Cypress High School football team for their recent win. Congratulated the
candidates in the General Municipal Elections. Attended a tour of the City Maintenance Yard.
Thanked City staff for their quick response to a Cypress resident regarding traffic concerns.
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Council Member Peat:
Attended the OCTA Accessible Transit Advisory Committee meeting. Congratulated David
Burke, Scott Minikus and Bonnie Peat on a successful election.
Council Member Minikus:
Recognized Veterans Day and thanked all service members past and present.
Mayor Pro Tem Hertz-Mallari: .=
Congratulated the Cypress Women's Club on the Cypress Women's Conference. Attended
the grand opening for Express Urgent Care. Attended the Library Advisory Board quarterly
meeting. Attended an Orange County Fire Authority Board meeting. Met with local high school
students to discuss homeless resources within the City. Attended the Maintenance City Yard
tour. Attended the Anaheim Union High school District subcommittee meeting. Congratulated
David Burke, Scott Minikus, and Bonnie Peat on a successful election. Requested the
discussion regarding City Council appointments to outside organizations and committees be
moved from the December 12 City Council meeting to January 9, 2023, to allow Council
Members time to solicit the new Mayor for committee assignments.
The City Manager stated the request is feasible and will follow up with the City Council if any
issues arise.
Mayor Morales:
Requested the status and asked questions of the City Clerk regarding the Public Records Act
request submitted by Council Member Marquez. Requested the status of asked questions of
the City Clerk regarding the Public Records Act request submitted by Mike Honda. Directed
a question to Council Member Marquez regarding the Public Records Act request. Council
Member Marquez responded. Congratulated Bonnie Peat, David Burke and Scott Minikus on
a successful election. Spoke regarding the Code of Fair Campaign Practices.
CITY MANAGER REMARKS
The City Manager had no report.
The City Attorney stated his office will provide the City Council with an update on new
legislation that will go into effect in 2023.
ADJOURNMENT
A motion was made by Council Member Minikus, seconded by Council Member Peat, and
carried unanimously 5-0-0 to adjourn the meeting at 9:25 p.m. Mayor Morales announced the
next adjourned Regular City Council Meeting will be held on Monday, December 12, 2022,
beginning at 5:30 p.m. in the Executive Board Room.
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MAYOR OF THE-CITY OF CYPRESS
ATTEST: i.
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CITY LERK OF T E CITY OF CYPRESS