2023-09-11 441
REGULAR MEETING
CYPRESS CITY COUNCIL
SEPTEMBER 11, 2023
4:00 P.M. - CLOSED SESSION/WORKSHOP
6:00 P.M. - GENERAL SESSION
A regular meeting of the Cypress City Council was called to order at 4:03 p.m. by Mayor
Mallari 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 Anne Mallari
Mayor Pro Tern Scott Minikus — Absent
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
ORAL COMMUNICATIONS ON AGENDA ITEMS
None.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Californians Aware v. City of Cypress
Case No. 30-2022-01260088-CU-W M-CJC
Orange County Superior Court
Mayor Mallari recessed the meeting at 4:04 p.m.
Mayor Mallari reconvened the meeting at 4:59 p.m.
WORKSHOP
Pension Trust Workshop
The Director of Finance and Administrative Services provided a presentation on this item.
City Council discussion ensued.
No action was taken.
Mayor Mallari recessed the meeting at 5:51 p.m.
RECONVENE
Mayor Mallari reconvened the City Council meeting at 6:05 p.m.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District
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Mayor Anne Mallari
Mayor Pro Tem Scott Minikus — Absent
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie 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
Planning Director Alicia Velasco
Chief of Police Mark Lauderback
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
INVOCATION Carol Wynder, The Church of Jesus Christ of Latter-Day Saints, led the
Invocation.
PLEDGE OF ALLEGIANCE Jacob Castro, Boy Scout Troop 660, led the Pledge of
Allegiance.
REPORT OF CLOSED SESSION /WORKSHOP
The City Attorney reported that the City Council met in Closed Session regarding the sole
item listed on the agenda, namely Conference with Legal Counsel — existing litigation, the
matter of Californians Aware v. City of Cypress. The City Council received an update and
no further reportable action was taken.
The City Attorney stated that the City Council held a Workshop Session on CalPers pension
obligations, City pension trust assets and possible strategies to address pension liability. No
action was taken.
PRESENTATIONS
The City Council recognized Eagle Scout Jacob Castro.
The City Manager provided a presentation on the Certificate of Achievement for Excellence
in Financial Reporting.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Bob Youngsma, Cypress, spoke regarding Agenda item No. 3.
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 request to pull Agenda Items No. 5 and 8.
A motion was made by Council Member Burke, and seconded by Council Member Peat, to
approve Consent Calendar items No. 1 through 4 and 6 through 7.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Marquez, Peat and Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Minikus
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Item No. 1: Receive and File Public Comments Submitted for the September 11,
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 August 28, 2023
Recommendation: Approve as submitted.
Item No. 4: Adopt Resolutions Authorizing the Reallocation of Recreation and Park
District Proposition 68 Funds to the City
Recommendation:
1. Adopt a Resolution authorizing the State of California to decrease the Cypress
Recreation and Park District's $415,878 Proposition 68 Per Capita Grant Fund allocation
to zero; and
2. Adopt a Resolution authorizing the State of California to increase the City of Cypress'
Per Capita Grant Fund allocation to $415,878 to accept the reallocation from the Cypress
Recreation and Park District; and
3. Authorize the City Manager to Execute and make adjustments to any agreements
necessary for the receipt and use of Proposition 68 funds.
Item No. 6: Accept the Police Department Access Gate Replacements, Project 322
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Recommendation:
1. Accept the Police Department Access Gate Replacements, Project 322, in the amount
of $63,694 and approve the final payment of $3,184.70 to R&S Overhead Doors of So
Cal, Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 7: Accept the Sewer System Video Evaluation, Project 318
Recommendation:
1. Accept the Sewer System Video Evaluation, Project 318, in the amount of $107,887.38
and approve the final payment of $5,394.36 to Premier Pipe, Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
NEW BUSINESS
None.
ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 5: First Reading of an Ordinance Amending Ordinance No. 1203 and
Chapter 2 of the Municipal Code Relating to the Conduct of City Council Meetings
Council Member Marquez commented on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Mallari, to approve
Consent Calendar Item No. 5.
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The City Attorney read the title of the Ordinance.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Burke, Peat and Mallari
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 1 COUNCIL MEMBERS: Minikus
Item No. 8: Approve Annual Task Order for Solid Waste Consulting Services
Council Member Marquez commented on this item.
A motion was made by Council Member Peat, and seconded by Council Member Marquez,
to continue this item to a future meeting.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Marquez, Peat and Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Minikus
ORAL COMMUNICATIONS
Wanda Youngsma, Cypress, spoke regarding a press release posted on the City website
and Oral Communications at City Council meetings.
Bob Youngsma, Cypress, spoke regarding OCTA settlement agreement on the July 10
Agenda.
The City Attorney responded to comments regarding the press release and staff report about
decision in the Youngsma et al. v Cypress School District and City of Cypress lawsuit.
COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES
AND REMARKS
Council Member Marquez:
Thanked city staff for their work on the Concerts on the Green. Attended the Newport Beach
Chamber of Commerce State of the County event. Participated in an Eagle Scout Board of
review. Congratulated Cypress Girls Softball league on their recent win. Met with residents
to discuss the Cypress Nature Center. Attended AYSO picture day. Participated in Vessels
Elementary School fundraiser at Dairy Queen.
Council Member Peat:
Participated in an Eagle Scout board of review. Attended the NASA Robotics competition at
Cypress College. Attended an event at Sunburst Youth Academy.
Council Member Burke:
Attended the Concerts on the Green. Recognized Cypress Girls Softball league on their
recent win. Spoke about his vote at the July 10 Council meeting regarding Arnold Cypress
Park Rehabilitation. Spoke regarding the Event-NewsEnterprise article about M2 (OCTA)
funding.
Mayor Hertz-Mallari
Spoke regarding the upcoming Cypress High School 50th anniversary and open house
event.
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COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Marquez requested to amend Ordinance No. 1203 Section 2-2.9 regarding
virtual participation during the second session of Oral Communications.
The City Manager and City Attorney provided clarification regarding the process to propose
an item for consideration.
City Council discussion ensued.
The item failed to move forward due to lack of support.
Council Member Marquez requested to amend the public records retention policy regarding
emails.
City Council discussion ensued.
The City Manager suggested discussing this matter during strategic planning.
Council Member Marquez requested to hire a Conflict Resolution Specialist to assist with
gaining access to City staff and resources.
City Council discussion ensued.
The item failed to move forward due to lack of support.
CITY MANAGER REMARKS
Announced Valley Vista Services will be providing curbside bulky item pick-ups in
November.
ADJOURNMENT- IN MEMORY OF CYPRESS RESIDENT DODIE JACOBSEN
Mayor Mallari adjourned the Regular Meeting at 7:29 p.m. to an adjourned Regular Meeting,
to be held on Monday, September 25, 2023, beginning at 5:30 p.m. in the Executive Board
Room.
C� ^
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS