2023-01-23 352
REGULAR MEETING
CYPRESS CITY COUNCIL
JANUARY 23, 2023
5:00 P.M.
A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor
Hertz-Mallari 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 Anne Hertz-Mallari
Mayor Pro Tern Scott Minikus
Council Member David Burke
Council Member Frances Marquez— arrived at 5:01 p.m.
Council Member Bonnie Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
Director of Public Works Doug Dancs
City Engineer Nick Mangkalakiri
ORAL COMMUNICATIONS
None.
CLOSED SESSION
CONFERNECE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Youngsma, et al. v. Cypress School District, et al.
Case No. 30-2021-01220176-CU-E I-CXC
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Southwest V,pter Registration Education Project v. City of Cypress
Case No. 30-2022-01270865-CU-CR-CJC
Orange County Superior Court
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5121 Myra Avenue, Cypress (APN 241-044-01)
Agency Negotiator: Peter Grant, City Manager
Negotiating Parties: Robert S. Ferrier
Under Negotiation: Price and terms of potential acquisition
Mayor Hertz-Mallari recessed the meeting at 5:02 p.m.
RECONVENE
Mayor Hertz-Mallari called to order the 6:00 p.m. session of the City Council meeting at 6:07 p.m.
ROLL CALL
Mayor Anne Hertz-Mallari
Mayor Pro Tern Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie 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
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Assistant Director of Finance and Administrative Services Donna Mullally
Information Systems Manager Adrian Smith
Associate Planner Kori Sanders
PLEDGE OF ALLEGIANCE The Boys & Girls Club of Greater Anaheim-Cypress led the
Pledge of Allegiance.
INVOCATION Tom Sibley, The Church of Jesus Christ of Latter-Day Saints, led the
Invocation.
Mayor Hertz-Mallari asked for a moment of silence in honor of the victims of the Monterey
Park mass shooting.
REPORT OF WORKSHOP AGENDA/ CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session regarding the first
item listed on the agenda, Conference with Legal Counsel — existing litigation, the matter of
Youngsma, et al. v. Cypress School District, et al. He stated Council Member Peat recused
herself from the item and exited the room. The remaining Council received an update on the
status of this matter and no further reportable action was taken.
Regarding the second Closed Session item listed on the agenda, namely Conference with
Legal Counsel — existing litigation, the matter of Southwest Voter Registration Education
Project v. City of Cypress. The City Attorney stated the City Council would recess back into
Closed Session following the open session to discuss the item.
Regarding the third Closed Session item listed on the agenda, namely Conference with Real
Property Negotiator concerning the property at 5121 Mayra Avenue with the negotiating
party: Robert Ferrier and Under Negotiation: Price and term of potential acquisition. He
stated that the City Council received a briefing, provided unanimous direction and no further
reportable action was taken.
PRESENTATIONS
Orange County Transportation Authority provided an update on the Measure M2 Streets and
Roads Program.
Chief of Police introduced Records Supervisor Nisha Bhagat, Police Clerk Paola Arroyo and
Police Officer Joe Gonzalez.
ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless
extended by the City Council)
Erica Gharey, on behalf of Boys & Girls Club of Greater Anaheim-Cypress, spoke regarding
National Mentoring Month.
Art Gomez, on behalf of Red Cross, spoke regarding the importance of blood donation and
announced a blood drive on February 26, 2023 at the American Legion in Cypress.
Clarissa Serpas, on behalf of So Cal Gas, spoke regarding high natural gas prices, ways
residents can reduce heating costs and assistance programs for income-qualified
customers.
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Marilyn Reames, Cypress, spoke regarding closed session item on the January 9 agenda.
Jennifer Martinez, on behalf of Cypress Girls Softball, spoke regarding Opening Day
festivities.
Kenneth Kaiser, Cypress, spoke regarding mail delivery to his community.
Bob Youngsma, Cypress, Cypress, spoke regarding vendor contributions to elections.
Helen Le, Cypress, spoke regarding presentation items, public comments made by others,
and traffic concerns on Crescent Avenue. ,, ;.
Edwin Kraemer, Cypress, spoke regarding utility poles on Cerritos Avenue, Arnold Cypress
Park renovation project and Cypress School District facility maintenance.
PUBLIC HEARINGS
Item No. 1: Approve Conditional Use Permit No. 2023-01 to Permit the Sale of Beer
and Wine for an Existing Restaurant at 4720 Lincoln Avenue
Mayor Hertz-Mallari asked Council Member to disclose any communication with anyone
relevant to the item.
No communications were disclosed.
Mayor Hertz-Mallari opened the public hearing.
The Associate Planner provided a report on this item.
Mayor Pro Tern Minikus commented on this item.
Mayor Hertz-Mallari invited the applicant to come forward.
The Applicant agreed with the conditions of approval.
Mayor Hertz-Mallari invited members of the public to speak on this item.
Helen Le, Cypress, spoke in support of this item.
Mayor Hertz-Mallari closed the public hearing.
A motion was made by Mayor Pro Tem Minikus, and seconded by Council Member Marquez,
to adopt a resolution approving Conditional Use Permit No. 2023-01, 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: Burke, Marquez, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2023-01, A REQUEST TO
ALLOW ON-SALE BEER AND WINE AT AN EXISTING RESTAURANT
LOCATED AT 4720 LINCOLN AVENUE, WITHIN THE PC— PLANNED
COMMUNITY ZONE AND FINDING THE REQUEST EXEMPT FROM
CALIFORNIA ENVIROMENTAL ACT REQUIREMENTS
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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.
A motion was made by Council Member Peat, seconded by Council Member Marquez, to
approve Consent Calendar items No. 2 through 17.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: Receive and File Public Comments Submitted for the January 23, 2023
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 — Meeting of January 9, 2023
Recommendation: Approve as submitted.
Item No. 5: Adopt the 2023 Federal and State Legislative Platform
Recommendation: Adopt the 2023 Federal and State Legislative Platform.
Item No. 6: Approve a Task Order for Landscape Inspection Services
Recommendation:
1. Approve a task order with Richard Fischer Associates for an amount not to exceed
$63,000 to perform landscape inspection services; and
2. Approve a $63,000 budget transfer from personnel costs to contract landscape
services in the General Fund ($56,700) and City Central Services Fund ($6,300).
Item No. 7: Approve Purchase of Police Mobile Data Computers
Recommendation: Approve the purchase and installation of Police Department mobile data
computers and associated hardware and software from Dell Marketing LP U.S., under the
National Association of State Purchasing Officers Valuepoint Master Price Agreement for
$159,906.90.
Item No. 8: Award Contract for Traffic Camera Upgrades, Project 339
Recommendation: Award a contract for traffic camera upgrades to Macadee Electrical
Construction for$76,022, and authorize a contingency of$7,600.
Item No. 9: Receive an Update on the Strategic Plan Six-Month Objectives
Recommendation: Receive an update on the Strategic Plan six-month objectives.
Item No. 10: Receive and File the Annual Comprehensive Financial Report for the
Fiscal Year Ended June 30, 2022
Recommendation: Receive and file the Annual Comprehensive Financial Report for the
Fiscal Year Ended June 30, 2022.
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Item No. 11: Receive and File the Report on the City's Appropriations Limit for the
Fiscal Year Ended June 30, 2022
Recommendation: Receive and file the attached Independent Accountants' Report on
Agreed-Upon Procedures Applied to the City's Appropriations Limit Worksheet for the Fiscal
Year ended June 30, 2022.
Item No. 12: Receive and File the Independent Accountants' Report on the Cypress
Recreation and Park District's Appropriations Limit for the Fiscal Year Ended June
30, 2022
Recommendation: Receive and file the attached Independent Accountants' Report on
Agreed-Upon Procedures Applied to the Appropriations Limit Worksheet for the Fiscal Year
ended June 30, 2022.
Item No. 13: Receive and File the Cypress Recreation and Park District's Financial
Statements and Auditors' Report for the Fiscal Year Ended June 30, 2022
Recommendation: Receive and file the District's Basic Financial Statements and
Independent Auditor's Report for the Fiscal Year Ended June 30, 2022.
Item No. 14: Receive and File the Audit Letter to the City Council for the Fiscal Year
Ended June 30, 2022
Recommendation: Receive and file the audit letter from Lance, Soli and Lunghard LLP to
the City Council for the Fiscal Year ended June 30, 2022.
Item No. 15: Receive and File the Audit Letter to the District Board for the Fiscal Year
Ended June 30, 2022
Recommendation: Receive and file the Audit Letter from Lance, Soil and Lunghard LLP to
the Cypress Recreation and Park District Board of Directors for the Fiscal Year ended June
30, 2022.
Item No. 16: Receive and File the Investment Report for the Month Ended December
31, 2022
Recommendation: Receive and file the attached investment reports.
Item No. 17: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of December 24, 2022 through January 6, 2023
Recommendation: Approve the attached payment register summarized below for the period
of December 24, 2022 through January 6, 2023:
• Electronic Funds Transfers 12468 through 12517
• Warrants 61452 through 61508
• Payroll Transfers W1492
NEW BUSINESS
None.
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Helen Le, Cypress, spoke regarding Police Department vehicle checkpoint on Lincoln Avenue
and City vendor contributions to elections.
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COUNCIL MEMBER REPORTS AND REMARKS
Council Member Marquez:
Attended the City Council team-building workshop. Attended a conference for Association of
California Cities Orange County. Attended the Snowy Owl presentation by Denver Holt.
Attended the swearing-in ceremony for Congresswoman Michelle Steel.Announced office hours
at Cypress Arnold Park. Will attend Perseverance Celebration at First Baptist Church Cypress.
Council Member Peat:
Met with Department heads and Commissions. Attended the swearing in ceremony for
Congresswoman Michelle Steel. Attended the swearing-in ceremony for U.S. Representative
Young Kim. Attended the City Council team-building workshop. Attended the Orange County
Mosquito and Vector Control District Board meeting.
Council Member Burke:
Attended the City Council team-building workshop. Met with the Senior Commission. Expressed
condolences in honor of former Mayor Otto Lacayo.
Mayor Pro Tern Minikus:
Attended the Orange County Mosquito and Vector Control District Board meeting. Attended the
Orange County Sanitation District Board meeting. Attended the swearing-in ceremony for
Congresswoman Michelle Steel. Attended the City Council team-building workshop.
Mayor Hertz-Mallari
Thanked her colleges for participating in the City Council team-building workshop. Attended an
Orange County Fire Authority Board meeting. Attended the Snowy Owl presentation.
CITY MANAGER REMARKS
The City Attorney reported that the City Council will resume Closed Session discussion
regarding Conference with Legal Counsel — Existing Litigation, the matter of Southwest Voter
Registration Education Project v. City of Cypress.
Mayor Hertz-Mallari recessed the meeting at 7:34 p.m. to resume Closed Session discussions.
Mayor Hertz-Mallari reconvened the meeting at 9:29 p.m.
The City Attorney reported that the City Council received an update in Closed Session regarding
Conference with Legal Counsel — Existing Litigation, the matter of Southwest Voter Registration
Education Project v. City of Cypress, he further stated that no reportable action was taken.
ADJOURNMENT — IN MEMORY OF FORMER CYPRESS MAYOR OTTO LACAYO AND
RIVERSIDE COUNTY SHERIFF DEPUTY DARNELL CALHOUN
Mayor Hertz-Mallari adjourned the meeting at 9:30 p.m. to an adjourned Regular Meeting, to be
held on Monday, January 23, 2033, beginning at 5:30 p.m. in the Executive Board Room.
„ MAYOR OF THrCITY OF CYPRESS
ATTEST:
CIT CLERK OFT E CITY OF CYPRESS