2023-06-12 408
REGULAR MEETING
CYPRESS CITY COUNCIL
JUNE 12, 2023
5:00 P.M.
A regular meeting of the Cypress City Council was called to order at 5:01 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 - absent
Council Member Bonnie Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
ORAL COMMUNICATIONS ON CLOSED SESSION/ WORKSHOP ITEMS
None.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 6612 Cerritos Avenue, Cypress (APN 134-442-20)
Agency Negotiator: Peter Grant, City Manager
Negotiating Parties: Thoma and Irene Baroldi Family Trust/Irene Baroldi Survivors Trust
Under Negotiation: Price and terms of potential acquisition
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Southwest Voter Registration Education Project v. City of Cypress
Case No. 30-2022-01270865-CU-CR-CJC
Orange County Superior Court
Mayor Hertz-Mallari recessed the meeting at 5:02 p.m.
RECONVENE
Mayor Hertz-Mallari reconvened the City Council meeting at 6:06 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 Anne Hertz-Mallari
Mayor Pro Tern Scott Minikus
Council Member David Burke
Council Member Frances Marquez - absent
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
Planning Director Alicia Velasco
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
INVOCATION Father Binh Nguyen, St. lrenaeus Catholic Church, led the Invocation.
PLEDGE OF ALLEGIANCE Staff Sergeant Silva, Army National Guard, led the Pledge
of Allegiance.
REPORT OF WORKSHOP AGENDA / CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session and held a
discussion on each of the items listed on the Closed Session agenda.
Regarding the first item on the agenda, namely Conference with Real Property Negotiator
concerning the property at 6612 Cerritos Avenue with the negotiating party: Thomas and
Irene Baroldi Family Trust/Irene Baroldi Survivors Trust and Under Negotiation: Price and
terms of potential acquisition. He stated the City Council received a briefing, provided
direction 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. the City of Cypress. The City Attorney stated the City Council
received an update on the status of the case and no further reportable action was taken.
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PRESENTATIONS
District Manager Lora Young from OC Mosquito and Vector Control District provided a
presentation.
Nancy Nien, AUHSD Assistant Superintended of Business, provided an update on
Cypress High School's athletic field project.
The City Council recognized and presented Certificates of Completion to the Cypress
Citizens Academy participants.
The City Council recognized Recreation Specialist Vanessa Banuelos.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Bob Youngsma, Cypress, spoke regarding Agenda Item No. 18.
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 Tern Minikus stated that Agenda Item No. 18, the Warrant Register, includes
electronic fund transfer No. 13079 for $294.34 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.
13079 for the reason disclosed.
Council Member Burke, Mayor Pro Tem Minikus, and Mayor Hertz-Mallari commented on
Agenda Item No. 10.
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A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Minikus,
to approve Consent Calendar items No. 1 through 18.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
Item No. 1: Receive and File Public Comments Submitted for the June 12, 2023
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 — Meetings of April 24, 2023, May 8, 2023 and May
22, 2023
Recommendation: Approve as submitted.
Item No. 4: Approve Participation in the Urban County CDBG and Home
Programs for Fiscal Years 2024-27 and Accept the Award of Fiscal Year 2023-24
CDBG Funds
Recommendation:
1 . Adopt the Resolution accepting the award of CDBG funds for Fiscal Year 2023-24;
and
2. Adopt the Resolution confirming Cypress' continued participation in the Urban County
CDBG and Home Programs for Fiscal Years 2024-24; and
3. Approve Amendment Six to the Cooperative Agreement and CDBG agreements.
RESOLUTION NO. 6929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF ORANGE TO ACCEPT AN AWARD OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PROGRAM YEAR
SPANNING JULY 1, 2023 THROUGH JUNE 30, 2024
RESOLUTION NO. 6930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
PROGRAMS WITH THE COUNTY OF ORANGE
Item No 5: Adopt the Fiscal Year 2023-24 Appropriations Limit
Recommendation: Adopt a Resolution establishing the City's Fiscal Year 2023-24
RESOLUTION NO. 6931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT
FOR THE 2023-24 FISCAL YEAR
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Item No. 6: Adopt the Cypress Recreation and Park District's Fiscal Year 2023-
24 Appropriations Limit
Recommendation: Adopt a Resolution establishing the Cypress Recreation and Park
District's Fiscal Year 2023-24 Appropriations limit.
RESOLUTION NO. 6932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX
OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY
OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK
DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2023-24 FISCAL YEAR
Item No.7: Adopt Annual Statement of Investment Policy
Recommendation: Adopt a Resolution approving the Annual Statement of Investment Policy.
RESOLUTION NO. 6933
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,
ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY
Item No. 8: Receive and File the Five-Year Technology Master Plan
Recommendation: Receive and file the Five-Year Technology Master Plan for FY 2023-
24 through FY 2027-28.
Item No. 9: Receive and File the FY 2023-24 Master Fee Schedule
Recommendation: Receive and file the updated FY 2023-24 Master Fee Schedule which
incorporates annual cost-of-living adjustments for City and Park District user fees.
Item No. 10: Appoint City Commissioners
Recommendation: Appoint Commissioners to the Recreation and Community Services,
Senior Citizens, and Traffic Commissions.
Item No. 11: Receive an Update on the Strategic Plan Six-Month Objectives
Recommendation: Receive an update on the Strategic Plan six-month objectives.
Item No. 12: Approve Plans and Specifications and Award Contracts for Arterial
Street Rehabilitation, Project 346
Recommendation:
1. Approve Plans and Specifications for Arterial Street Rehabilitation, Project 346; and
2. Award a contract to Palp, Inc. DBA Excel Paving Company, for $296,753, and
authorize a contingency of $45,000; and
3. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for
$50,295 and authorize a contingency of $5,000.
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Item No. 13: Approve Plans and Specifications and Award a Contract for Police
Department Access Gate Replacements, Project 322
Recommendation:
1. Approve Plan and Specifications for Police Department Access Gate Replacements,
Project 322; and
2. Award a contract to R&S Overhead Doors of So Cal, Inc. for $63,694, and authorize
a contingency of $9,550.
Item No. 14: Award Contracts for Senior Center Interior Improvements, Project
290
Recommendation:
1. Award a contract to Genesis Builders, Inc. DBA K2 Painting, for $898,000, and
authorize a contingency of $135,000; and
2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for
$110,090, and authorize a contingency of $22,000; and
3. Approve a $720,290 appropriation increase in the Recreation and Park District
General Fund for the Senior Center Interior Improvements, Project 290.
Item No. 15: Approve an Agreement with Lisa Wise Consulting, Inc. for an
Inclusionary Housing Feasibility and Fee Modification Study
Recommendation: Approve a contract services agreement with Lisa Wise Consulting, Inc.
for an Inclusionary Housing Feasibility and Fee Modification Study in the amount of
$60,480 and authorize a 15% contingency of $9,072.
Item No. 16: Accept the Concrete Rehabilitation, Project 319
Recommendation:
1. Accept the Concrete Rehabilitation, Project 319, in the amount of $259,216 and
approve the final payment of $12,960.80 to CT&T Concrete Paving Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 17: Receive and File the Investment Report for the Month Ended April
30, 2023
Recommendation: Receive and file the attached investment report.
Item No. 18: Receive and File Register of Warrants, Transfers, and Wires Issued
for the Period of April 8, 2023 through May 5, 2023
Recommendation: Receive and file the attached payment register summarized below for
the period of April 8, 2023 through May 5, 2023:
• Electric Funds Transfers 12930 through 13093
• Warrants 62157 through 62364
• Payroll Transfers W1500 through W1501
PUBLIC HEARINGS (Three minutes per speaker)
Item No. 19: Approve Specific Plan Amendment No. 2023-01 and Site Plan
Review No. 2023-01 for an Addition to an Existing Building at 10900 Walker Street
Mayor Hertz-Mallari asked Council Members to disclose any communications with
anyone relevant to the item.
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No communications were disclosed.
Mayor Hertz-Mallari opened the Public Hearing.
The Planning Director provided a report on this item.
Mayor Hertz-Mallari invited the applicant to come forward.
The applicant agreed with the conditions of approval.
City Council asked questions of the applicant.
There were no public comments on this item.
Mayor Hertz-Mallari closed the Public Hearing.
City Council discussion ensued.
A motion was made by Mayor Pro Tem Minikus, and seconded by Council Member Peat,
to approve introduce for first reading an Ordinance approving Specific Plan Amendment
No. 2023-01; and adopt a Resolution approving Site Plan Review No. 2023-01; and
confirm the project is exempt from California Environmental Quality Act requirements.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
RESOLUTION NO. 6934
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING SITE PLAN REVIEW NO. 2023-01, FOR A 24,452
SQUARE FOOT ADDITION TO AN EXISTING 99,643 SQUARE FOOT BUILDING
LOCATED AT 10900 WALKER STREET IN THE MCDONNELL CENTER
SPECIFIC PLAN AND FINDING THE PROJECT EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT REQUIREMENTS
NEW BUSINESS
Item No. 20: Adopt the Fiscal Year 2023-24 Budget for the City of Cypress and the
Cypress Recreation and Park District
Director of Finance provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Council Member Burke,
to adopt a Resolution approving the Fiscal Year 2023-24 City budget and adopt a
Resolution to approving the Fiscal Year 2023-24 Recreation and Park District budget.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
RESOLUTION NO. 6935
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 2023 AND FIXING THE LIMITATIONS OF
EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS,
DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS
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RESOLUTION NO. 6936
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,
APPROVING THE DISTRICT'S ANNUAL BUDGET FOR THE FISCAL
YEAR COMMENCING JULY 1 , 2023 AND FIXING THE LIMITATIONS OF
EXPENDITURES FOR THE FUNDS AND ACTIVITIES CARRIED ON
UNDER SUCH FUNDS
Item No. 21: Adopt the Seven-Year (FY 2023-24 to FY 2029-30) Capital
Improvement Program
The City Engineer provided a report on this item.
City Council discussion ensued.
A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Peat,
to determine the Capital Improvement Program is consistent with the General Plan; and
confirm various projects are exempt from California Environmental Quality Act
requirements; and adopt a Resolution approving the Seven-Year CIP for FY 2023-24 to
FY 2029-30; and adopt a Resolution updating the Public Works contract award
thresholds.
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
RESOLUTION NO. 6937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 2023-24 THROUGH FISCAL YEAR 2029-2030
RESOLUTION NO. 6938
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, TO UPDATE
THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS
Item No. 22: Adopt a Resolution Declaring City-owned Property at 5732 Lincoln
Avenue Surplus, Authorizing Offering it to Housing Sponsors for Purchase
Pursuant to the Surplus Land Act, and Finding These Activities Exempt from CEQA
The Planning Director provided a report on this item.
City Council discussion ensued.
A motion was made by Council Member Burke, and seconded by Council Member Peat
to adopt a Resolution declaring the City-owned property at 5732 Lincoln Avenue surplus,
authorizing offers for purchase pursuant to the Surplus Land Act, and finding these
activities exempt from CEQA.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
RESOLUTION NO. 6939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING 5732 LINCOLN AVENUE IN THE CITY OF CYPRESS TO
BE SURPLUS AND AUTHORIZING OFFERS OF SAID PROPERTY FOR
PURCHASE AND FINDING OF EXEMPTION FROM CEQA
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ORAL COMMUNICATIONS ON ITEMS NOT ON THE AGENDA
Beth Culver, spoke in opposition to a Pride picnic event on City property.
Clare Chu, Cypress, spoke in opposition to Pride picnic event.
Harumi Lucak, Cypress, spoke in opposition to Pride picnic event.
Ebru, Cypress, spoke in opposition to Pride picnic event at Civic Center.
Esther, Cypress, spoke in opposition to Cypress Pride picnic event.
Bob Youngsma, Cypress, spoke regarding City Manager responsibilities, campaign
committee formed by a current Council member, and Alarm permit fees.
Glenn Button, Cypress, spoke regarding concerns with a show with a mature theme on City
property.
Carolyn Balagot, Cypress, spoke in support of the Pride picnic event.
Christen Jackson, Cypress, spoke in support of the Pride picnic event.
The City Attorney stated the Pride picnic is not a City-sponsored event and provided
information regarding the City's special event permitting process.
Bret Rogers (virtual), spoke in opposition to the Pride picnic event at Civic Center.
Malini Nagpal (virtual), cypress, spoke in support of the Price picnic event.
Keri Connell, Cypress, spoke in support of the Pride picnic event.
COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES
Council Member Peat:
Attended Forest Lawn's Memorial Day event. Conducted Commission interviews and thanked
all the applicants. Received a tour of Arnold Cypress Park. Spoke with two residents
regarding street conditions in their neighborhood. Thanked the Police Department for
providing a welfare check on a resident.
Council Member Burke:
Attended the Police Department Open House. Attended the Orange County Library Advisory
Board meeting. Attended the Police Foundation luncheon. Thanked the City Attorney for
providing clarification regarding the Pride picnic event.
Mayor Pro Tem Minikus:
Spoke regarding Pride picnic event. Attended a funeral for a local business owner. Received
a tour of Arnold Cypress Park. Attended the Police Foundation luncheon. Attended the West
Cities Police Communications Board meeting. Attended the Orange County Sanitation District
Board meeting. Attended the Police Department Open House. Participated in a Memorial Day
parade hosted by Cottonwood Church. Attended Memorial Day event at Forest Lawn.
Attended the Citizens Academy graduation. Conducted Commission interviews and thanked
all the applicants. Attended a League of California Cities meeting. Will attend the AUHSD Ad
Hoc Subcommittee meeting.
Mayor Hertz-Mallari
Spoke about Council Members involvement with the County and City. Requested Council
members provide a report on the Boards and Committees they serve.
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CITY MANAGER REMARKS
The City Manager announced dates for upcoming Concert on the Green and Salute to
America. Spoke about positive feedback from the business community, provided an update
on the City's Business Recovery Programs, and shared information about the Business Park
operations and vacancy rates.
ADJOURNMENT — IN MEMORY OF RIVERSIDE COUNTY SHERIFF DEPUTY BRETT
HARRIS
Mayor Hertz-Mallari adjourned the meeting at 8:59 p.m. to an adjourned Regular Meeting, to
be held on Monday, June 26, 2033, beginning at 5:30 p.m. in the Executive Board Room.
a""e,M ,3 .
MAYOR OF TI%E CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS