2023-09-25 448
REGULAR MEETING
CYPRESS CITY COUNCIL
SEPTEMBER 25, 2023
6:00 P.M. - GENERAL SESSION
A regular meeting of the Cypress City Council was called to order at 6:00 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 Tem Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat
STAFF PRESENT
City Manager Peter Grant
Assistant City Attorney Yecenia Vargas
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 Trevor Cooper, First Baptist Church of Cypress, led the Invocation.
PLEDGE OF ALLEGIANCE Kevin Ong, US Marine Corps Veteran, led the Pledge of
Allegiance.
PRESENTATIONS
The City Council recognized Cypress resident and U.S. Marine Corps Veteran Kevin Ong.
Senator Janet Nguyen provided a legislative update.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Malini Nagpal, Cypress, spoke regarding Agenda Item No. 17.
Katie Shapiro, Cypress, spoke regarding Agenda Item No. 17.
Beth Culver, Cypress, spoke regarding Agenda Item No. 17.
Pearl Boelter, Cypress, spoke regarding Agenda Item No. 17.
Joel Block, Rossmoor, spoke regarding Agenda Item No. 17.
Harumi Lucak, Cypress, spoke regarding Agenda Item No. 17.
Brooke Nafarette, Cypress, spoke regarding Agenda Item No. 17.
Glenn Button,,Cypress, spoke regarding Agenda Item No. 17.
Jon Peat, Cypress, spoke regarding Agenda Item No. 17.
Bob Youngsma, Cypress, spoke regarding Agenda Item No. 3.
Wanda Youngsma, Cypress, spoke regarding Agenda Items No. 3 and 17.
Marilyn Reames, Cypress, spoke regarding Agenda Item No. 17.
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Edwin Kraemer, Cypress, spoke regarding Agenda Items No. 8 and 17.
Kevin Shenkman, Malibu, spoke regarding Agenda Item No. 17.
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 Burke requested to pull Agenda Item No. 8.
Council Member Marquez request to pull Agenda Items No. 3, 6, 8 and 12.
Mayor Pro Tern Minikus stated that Agenda Item No. 16, the Warrant Register, includes
electronic fund transfer No. 13702 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. 13702
for the reason disclosed.
A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Burke, to
approve Consent Calendar items No. 1 through 2, 4 through 5, 7, 9 through 11, 13 through
16.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the September 25,
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. 4: Accept the Tree Planting Program, Project 345
Recommendation:
1. Accept the Tree Planting Program, Project 345, in the amount of $64,492 and approve
the final payment of$3,224.60 to Master Landscape & Maintenance, Inc.;
2. Authorize the City Engineer to file the Notice of Completion with the County Recorder.
Item No. 5: Approve Plans and Specifications for City Hall Public Restroom
Improvements, Project 324
Recommendation: Approve plans and specification for City Hall Public Restroom
Improvements, Project 324.
Item No. 7: Award Contracts for Veterans Park & Cedar Glen Park Parking Lot
Resurfacing, Project 363
Recommendation:
1. Approve Plans and Specifications for the Veterans Park & Cedar Glen Park Parking Lot
Resurfacing, Project 363; and
2. Award a contract to Prestige Paving Company, Corona, CA,for$67,175.52, and authorize
a contingency of $10,080; and
3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc., for
$20,095, and authorize a contingency of $3,020.
Item No. 9: Accept Office of Traffic Safety DUI Traffic Enforcement Grant
Recommendation:
1. Accept the FY 2023-24 Office of Traffic Safety DUI/Traffic Enforcement grant; and
2. Appropriate $90,000 in the General Fund Grants Fund; and
3. Increase estimated revenues by $90,000 in the General Fund Grants Fund. 450
Item No. 10: Approve the Urban Area Security Initiative Sub-Receipt Agreement with
the City of Anaheim
Recommendation: 111
1. Approve the Fiscal Year 2022 Urban Area Security Initiative (UASI) Sub-Recipient
Agreement with the City of Anaheim; and
2. Authorize the City Manager to execute all UASI related documents.
Item No. 11: Declare Surplus Equipment and Approve the Donation to the Anaheim
Union High School District
Recommendation: Declare six 10' x 15' bleachers surplus and approve their donation to the
Anaheim Union High School District for use at Walker Junior High.
Item No. 13: Approve Continuing Appropriations, Revenues and Transfers from FY
2022-23 to FY 2023-24
Recommendation:
1. Authorize the appropriation of $2,825,844 in FY 2023-24 for the carryover of continuing
appropriations from FY 2022-23, as detailed in Attachment A; and
2. Authorize the appropriation of $3,686,450 in FY 2023-24 for the carryover of
encumbrances at June 30, 2023, as detailed in Attachment B; and
3. Authorize the continuation of operating transfers totaling $2,423,630 and estimated grant
revenue totaling $408,905 from FY 2022-23 to FY 2023-24, as detailed in Attachment C
to support carryover appropriations.
Item No. 14: Approve Cypress Recreation and Park District Continuing
Appropriations from FY 2022-23 to FY 2023-24
Recommendation:
1. Appropriate $2,715,455 in FY 2023-24 for items encumbered at June 30,2023 as detailed
in Attachment A; and
2. Appropriate $337,880 in FY 2023-24 for the carryover of continuing appropriations as
detailed in Attachment A.
Item No. 15: Receive and File the Investment Report for the Month Ended August 31,
2023
Recommendation: Receive and file the attached investment report
Item No. 16: Receive and File Register of Warrants, Transfers, and Wires Issued for
the Period of August 12, 2023 through September 8, 2023
Recommendation: Receive and file the attached payment register summarized below for the
period of August 12, 2023 through September 8, 2023:
• Electronic Funds Transfers 13575 through 13733
• Warrants 63232 through 63459
• Payroll Transfers W1509 through W1510
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NEW BUSINESS
None.
ITEMS FROM CITY COUNCIL MEMBERS
Item No. 17: Direct the City Manager and City Attorney to Investigate the Disclosure
of Information from Closed Session City Council Meetings
Mayor Mallari provided a report on this item.
The Assistant City Attorney urged Council Members to keep comments limited to the item
before them for consideration.
City Council discussion ensued.
Mayor Mallari briefly reviewed meeting decorum.
The Assistant City Attorney provided clarification regarding the recommendation for this item
and reminded Council Members that discussion should be limited to the agenda item before
them for consideration.
1 City Council discussion continued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to
direct the City Manager and City Attorney to investigate the disclosure of information from
Closed Session by soliciting proposals for a neutral third-party investigator, as well as a
neutral party to oversee the investigator's work and report findings to the City Council.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Marquez, Peat, Minikus and Mallari
NOES: 1 COUNCIL MEMBERS: Burke
ABSENT: 0 COUNCIL MEMBERS: None
ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 3: Second 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 Manager provided clarification regarding the item.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to
approve the second reading and adopt an Ordinance, by title only and waive further reading,
amending Ordinance No. 1203 and Chapter 2 of the Municipal Code relating to the conduct
of City Council meetings.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Mallari
NOES:1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
iORDINANCE NO. 1205
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA AMENDING
ORDINANCE NO. 1203 AND SECTIONS 2-1 AND 2-2 OF THE CYPRESS
MUNICIPAL CODE RELATING TO THE CONDUCT OF CITY COUNCIL MEETINGS
Item No. 6: Approve Plans and Specifications and Award Contracts for Arterial
Street Rehabilitation, Project 350
Council Member Marquez commented on this item.
1 City Council discussion ensued.
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A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Peat, to
approve plans and specifications for Arterial Street Rehabilitation, Project 350; and award a
contract to R.J. Noble Company for $2,115,100.50, and authorize a contingency of
$317,000.50; and approve a task order for construction inspection services and materials
testing to Ardurra Group Inc., for $135,778 and authorize a contingency of $20,500.00; and
approve a $157,380.00 appropriation increase in the Road Maintenance and Rehabilitation
Account (RMRA) fund for the Arterial Street Rehabilitation, Project 350.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Mallari
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 8: Award Contracts for the Purchase of Arnold Cypress Park Amenities
Council Member Marquez commented on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to
award a contract to Musco Sports Lighting for $645,581, for the purchase of sports field
lighting; and award a contract to AstroTurf for $1,261,882, for the purchase of synthetic turf
field materials.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Minikus and Mallari
NOES: 1 COUNCIL MEMBERS: Marquez
ABSTAIN: 1 COUNCIL MEMBERS: Burke
Item No. 12: Approve Supplemental Appropriations and Increases to Estimated
Revenues and Transfers for FY 2022-23
Council Member Marquez commented on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tem Minikus, to
approve FY 2022-23 supplemental appropriations of $619,530 and increase estimated
revenues by$670,930 for the City; and approve a $200,000 transfer to the City Capital Project
fund from the RMRA Gas Tax fund for FY 2022-23 arterial rehabilitation project expenditures;
and approve 2022-23 supplemental appropriations of $83,700 and increase estimated
revenues by $142,800 in the Cypress Recreation and Park District; and approve a $666,653
transfer from the District's Park Development Fund to the General Fund; and Approve a
$666,653 payment to the City's Infrastructure fund to apply against the outstanding
Repayment Agreement and Promissory Note between the City and Park District for the
construction of Lexington Park.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Mallari
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
ORAL COMMUNICATIONS
Bob Youngsma, Cypress, spoke regarding letter to Event-NewsEnterprise editor from City
Attorney and Agenda Item No. 17.
Wanda Youngsma, Cypress, thanked Council Member Peat for meeting with her; spoke
regarding City Attorney's comments during the September 11, 2023 City Council meeting.
Pathi Sellappan, Cypress, spoke regarding code enforcement issue in neighborhood.
Timothy Vink, Cypress, spoke regarding California Voting Rights Act lawsuit.
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Brooke Nafarrete, Cypress, spoke regarding California Voting Rights Act lawsuit
Jon Peat, Cypress, spoke regarding Agenda Item No. 17, and presentation made last year
while serving on the City Council.
COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES
AND REMARKS
Council Member Marquez:
Will be attending the Santa Ana River Flood Protection Agency Board meeting this week.
Council Member Peat:
Stated the OC Mosquito and Vector Control Board meeting was canceled. Attended Chamber
of Commerce meeting. Attended the Strategic Planning workshop. Attended Cypress College
Pups and Pints event. Attended Cypress High School's 50th Anniversary Celebration. Met
with a local resident.
Council Member Burke:
Attended the League of California Cities Conference in Sacramento. Commended Council
Members for working together while discussing Agenda Item No. 17. Spoke regarding new
crosswalk signal installed on Denni Street near Arnold Elementary School.
Mayor Pro Tern Minikus
Participated in meeting with Warland Investments. Will attend upcoming Regional Military
Affairs Committee meeting. Attended the Fall Fiesta at St. lrenaeus Catholic Church.
Mayor Hertz-Mallari
Met with Warland Investments. Attended the Fall Fiesta at St. lrenaeus Catholic Church.
Attended the Strategic Planning workshop. Currently working on the CVRA subcommittee
and Communication subcommittee. Also currently working on the State of the City
presentation.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Marquez requested the City Council add an item to a future agenda to
reconsider allowing virtual comments during the second oral communications period.
City Council discussion ensued.
The Assistant City Attorney provided clarification regarding the City Council's policy to
propose an item for future consideration.
CITY MANAGER REMARKS
The City Manager announced a citywide phone system upgrade that will take place on
September 26 between 8am-9am. Provided information on the Cypress Community Festival
and Cypress Run.
ADJOURNMENT- IN MEMORY OF LOS ANGELES COUNTY SHERIFF DEPUTY RYAN
CLINKUNBROOMER
Mayor Mallari adjourned the Regular Meeting at 9:03 p.m. to an adjourned Regular Meeting,
to be held on Monday, October 9, 2023, beginning at 5:30 p.m. in the Executive Board Room.
I
MAYOR OF THE CITY OF CYPRESS
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CITY CLERK OF THE CITY OF CYPRESS