2023-11-13 1
REGULAR MEETING
CYPRESS CITY COUNCIL
NOVEMBER 13, 2023
4:30 P.M. — CLOSED SESSION
6:00 P.M. - GENERAL SESSION
A regular meeting of the Cypress City Council was called to order at 4:30 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
City Attorney Fred Galante
Planning Director Alicia Velasco
City Clerk Alisha Farnell
ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS
Jon Peat, Cypress, spoke regarding Conference with Legal Counsel — Existing Litigation,
Southwest Voter Registration Education Project.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5732 Lincoln Avenue (APN 244-472-09)
Agency Negotiator: Peter Grant, City Manager
Negotiating Parties: City of Cypress and The Olson Company
Under Negotiation: Price and terms of potential sale
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 Mallari called for the City Attorney to announce the Closed Session item. The City
Attorney announced that the City Council will recess into Closed Session to discuss the
above-referenced matters. Thereafter, the Mayor recessed into Closed Session at 4:33
p.m.
RECONVENE
Mayor Mallari reconvened the public meeting at 6:05 p.m.
ROLL CALL
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton
Director of Public Works Doug Dancs
Chief of Police Mark Lauderback
2
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Lieutenant Scott Ausmus
I.T. Manager Adrian Smith
Maintenance Superintendent Jose Guerra
INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation.
PLEDGE OF ALLEGIANCE Melody Martinez, Cypress Girls Softball League player, led
the Pledge of Allegiance.
REPORT OF CLOSED SESSION / WORKSHOP
The City Attorney reported that the City Council met in Closed Session and held a
discussion regarding the first item listed on the agenda, namely Conference with Real
Property Negotiator concerning the property at 5732 Lincoln Avenue with the negotiating
party: City of Cypress and The Olson Company: Price and term of potential sale. The City
Attorney 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. City of Cypress. The City Attorney stated the City Council held a
discussion and no further reportable action was taken.
PRESENTATIONS
The City Council presented Records Supervisor Nisha Bhagat with a "Law Enforcement
Records and Support Personnel Day" proclamation.
The City Council presented Colleen LaSalle from the Pancreatic Cancer Action Network
with a "Pancreatic Cancer Day" proclamation.
Orange County Mosquito and Vector Control presented a plaque and certificate of
recognition to the City of Cypress.
The Recreation and Community Services Director provided an update on construction
projects at the Senior Center and Community Center.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Jon Peat, Cypress, spoke in support of Agenda Item No. 22.
Claire Behen, Cypress Girls Softball League, spoke in support of Agenda Item No. 22.
Paulo Morales, Cypress, spoke in support of Agenda Item No. 22.
Jennifer Martinez, Cypress, spoke in support of Agenda Item No. 22.
Sherrie Esswein, Cypress, spoke in support of Item No. 22.
Ed Kraemer, Cypress, spoke in opposition to Agenda Items No. 7, 9, 21 and 22.
Bob Youngsma, Cypress, spoke in opposition to Agenda Item No. 22.
Brooke Nafarrete, Cypress, spoke regarding costs associated with Agenda Item No. 22.
Rob Johnson, Cypress, spoke in support of Agenda Item No. 22.
Amy Behen, Buena Park, spoke in support of Agenda Item No. 22.
3
Robert Frenzel, Cypress, spoke in support of Agenda Item No. 22.
Teddy Lloyd, Cerritos, spoke in support of Agenda Item No. 22 and requested pickle ball
courts be constructed first.
Christen Jackson, Cypress, spoke in support of Agenda Item No. 22.
Marilyn Reames, Cypress, spoke in opposition to Agenda Item No. 24.
Wanda Youngsma, Cypress, spoke in opposition to Agenda Item No. 24.
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 Item No. 9.
Council Member Burke requested to pull Agenda Item No. 21.
Council Member Peat requested to pull Agenda Item No. 12.
A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member
Marquez, to approve Consent Calendar items No. 1 through 8, 10 through 11, 13 through
20.
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 November 13,
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 October 9, and October 23, 2023
Recommendation: Approve as submitted.
Item No. 4: Proclaim November 14, 2023 as Law Enforcement Records and
Support Personnel Day
Recommendation: Proclaim November 14, 2023 as Law Enforcement Records and
Support Personnel Day.
Item No. 5: Proclaim November 16, 2023 as World Pancreatic Cancer Day
Recommendation: Proclaim November 16, 2023 as World Pancreatic Cancer Day.
Item No. 6: Receive an Update on the Strategic Plan Six-Month Objectives
Recommendation: Receive an update on the Strategic Plan six-month objectives.
Item No. 7: Approve a Revision to the Citrus Square Senior Community
Affordable Housing Agreement
Recommendation: Approve a revision to the Affordable Housing Agreement with
CypressMoodyM 2022, LLC.
4
Item No. 8: Second Reading of an Ordinance Amending the Municipal Code to
Implement the Housing Element and Comply with the State and Housing Laws
Recommendation: Approve the second reading and adopt an Ordinance, by the title only
and waive further reading, amending selected provisions of Appendix I (Zoning) of the
Cypress Municipal Code related to multi-family housing development and design
standards, multi-family permitting procedures, and accessory dwelling units in support of
Housing Element implementation.
ORDINANCE NO. 1206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SELECTED PROVISIONS OF APPENDIX I (ZONING)
OF THE CYPRESS MUNICIPAL CODE RELATED TO MULTI-FAMILY HOUSING
DEVELOPMENT AND DESIGN STANDARDS, MULTI-FAMILY PERMITTING
PROCEDURES, AND ACCESSORY DWELLING UNITS IN SUPPORT OF
HOUSING ELEMENT IMPLEMENTATION; AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Item No. 10: Approve Revision to Class Specification for Accountant
Recommendation: Adopt a Resolution revising the class specification for Accountant.
RESOLUTION NO. 6949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, REVISING THE
CLASS SPECIFICATION OF ACCOUNTANT
Item No. 11: Approve the Purchase for Renewal of Network Security Monitoring
Services
Recommendation: Approve a three-year agreement with SHI International Corp. for
$117,417.82 to renew the city's Artic Wolf Managed Detection and Response Network
Security Monitoring Services.
Item No. 13: Accept the Arterial Rehabilitation — Intersections, Project 346
Recommendation:
1. Accept the Arterial Rehabilitation — Intersection, Project 346, in the amount of
$303,691.40 and approve the final payment of $7,216 to Palp, Inc. DBA Excel
Paving Company; and
2. Authorize the City Engineer to file a Notice of Completion with County Recorder.
Item No. 14: Award Contracts for Cerritos Avenue Frontage Landscape
Improvements, Project 320
Recommendation:
1. Award a contract to Marina Landscape, Inc., for $215,690, and authorize a
contingency of$32,300; and
2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc.,
for $51,897, and authorize a contingency of $7,700; and
3. Approve a $134,593 appropriation increase in the City Capital Projects Fund for
the Cerritos Avenue Frontage Landscape Improvements, Project 320; and
4. Approve a $134,593 transfer from the Gas Tax 2106 Fund to the City Capital
Projects Fund for the additional project costs.
5
Item No. 15: Approve Plans and Specifications for Oak Knoll Park Security
Improvements, Project 331
Recommendation: Approve Plans and Specifications for Oak Knoll Park Security
Improvements, Project 331.
Item No. 16: Award a Contract for the Purchase and Installation of
Flooring/Carpeting for the City Hall West Wing, Project 326
Recommendation: Award a contract to Milliken Services, LLC, for $89,078.95, for the
purchase and installation of carpet tiles and LVT(Luxury Vinyl Tile)flooring, and authorize
a contingency of $8,900.
Item No. 17: Award Contracts for City Hall Public Restroom Improvements, Project
324
Recommendation:
1. Award a contract to Corral Construction and Development Inc., for $173,001, and
authorize a contingency of $26,000; and
2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc.,
for $31,626, and authorize a contingency of $4,800.
Item No. 18: Approve Plans and Specifications and Award Contract for Sewer
System Evaluations, Project 355
Recommendation:
1. Approve Plans and Specifications for Sewer System Evaluations, Project 355; and
2. Award a contract to Premier Pipe, Inc., Upland CA, for $133,390, and authorize a
contingency of $20,000.
Item No. 19: Award Contracts for Sewer System Improvements, Project 354
Recommendation:
1. Approve Plans and Specifications for the Sewer System Improvements, Project
354; and
2. Award a contract for sewer line improvements to Sancon Technologies Inc.,
Huntington Beach, CA, for $68,770, and authorize a contingency of$10,300; and
3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc.,
for $23,362, and authorize a contingency of $3,500; and
4. Authorize additional appropriations of $22,932 in Sewer Fund for Sewer System
Improvements.
Item No. 20: Authorize the Purchase of Six Public Works Vehicles
Recommendation:
1. Authorize the purchase of four Public Works vehicles for $293,255.90 from
National Auto Fleet Group; and
2. Authorize the purchase of one Public Works bucket truck for $228,536.65 from
Custom Truck One Source; and
3. Authorize the purchase of one Public Works water trailer for $10,312.19 from
Multiquip, Inc.; and
6
4. Authorize an appropriation increase of $29,105 in the Capital Replacement Fund
to purchase and fully up fit the vehicles; and
5. Authorize a transfer of$29,105 from the General Fund to the Capital Replacement
Fund for the balance of the vehicles.
NEW BUSINESS
Item No. 22: Award Contracts for Arnold Cypress Park Rehabilitation, Project
308, and Approve a Loan Agreement Between the City and District
The City Manager, Director of Recreation and Community Services, City Engineer and
Director of Finance and Administrative Services provided a report on this item.
City Council discussion ensued.
City Council asked questions of staff.
A motion was made by Mayor Pro Tern Minikus, and seconded by Council Member Peat,
to award a contract to Los Angeles Engineering, Inc. for $28,040,000 and authorize a
contingency of$2,804,000; and award a contract to Griffin Structures, Inc. for construction
management and inspection services for $875,000 and authorize a contingency of
$87,500; and appropriate an additional $6 million for the construction of Arnold Cypress
Park; and approve a Repayment Agreement and Promissory Note between the City and
District for an amount not to exceed $33.5 million.
A substitute motion was made by Council Member Burke, and seconded by Council
Member Marquez, to approve staff recommendations with the amendment that $10
million of the project costs will be paid by the City's general fund.
City Council discussion ensued.
The substitute motion failed by the following roll call vote:
AYES: 2 COUNCIL MEMBERS: Burke and Marquez
NOES: 3 COUNCIL MEMBERS: Peat, Minikus and Mallari
ABSENT: 0 COUNCIL MEMBERS: None
The original motion passed by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Peat, Minikus and Mallari
NOES: 2 COUNCIL MEMBERS: Burke and Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 23: Approve an Agreement for a Police Vehicle Mobile Audio Video
System
The Chief of Police 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 approve a five-year agreement for $404,199 with Axon Enterprises, Inc. for the
purchase, installation and support of a mobile audio video system for Police Department
patrol vehicles; and approve an agreement with Axon Enterprises, Inc. for Sourcewell
cooperative agreement pricing.
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
7
Item No. 24: Consider Proposals for an Investigation of the Disclosure of
Information from Confidential Closed Sessions of the City Council and Provide
Direction
The City Manager provided procedural guidance on this item.
City Council discussion ensued.
A motion was made by Council Member Burke, and seconded by Council Member
Marquez, to obtain signed affidavits attesting to not having leaked Closed Session
information from all parties in attendance in Closed Session.
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
A motion was made by Mayor Mallari, and seconded by Council Member Peat, to continue
the item to a future Special Meeting for further discussion and consideration.
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
ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 9: Approve an Agreement to Conduct Public Opinion Research for the
Housing Element Implementation Ballot Measure
Council Member Marquez commented on this item.
City Council discussion ensued.
A motion was made by Mayor Pro Tem Minikus, and seconded by Council Member Peat,
to approve an agreement with Fairbank, Maslin, Maullin, and Metz & Associates for
$33,500 to conduct public opinion research for the Housing Element implementation
ballot measure.
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. 12: Adopt a Resolution Approving the Measure M2 Annual Expenditure Report
Council Member Peat commented on this item.
,•� City Council discussion ensued.
A motion was made by Council member Peat, and seconded by Council Member
Marquez, to adopt a Resolution approving the Measure M2 Annual Expenditure Report
for the fiscal year ended June 30, 2023.
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
8
RESOLUTION NO. 6950
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, 2023
Item No. 21: Approve Names for Arnold Cypress Park Softball Fields
Council Member Burke commented on this item.
City Council discussion ensued.
A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Minikus,
to approve naming the Arnold Cypress Park softball fields: Founders Field, Rob Johnson
Field, Lucy Polanco Field, and Anna Piercy Field.
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
ORAL COMMUNICATIONS
Julie Kay, Cypress, spoke regarding enforcement regulations regarding chickens.
Colleen Janssen, Cypress, spoke regarding code enforcement regulations regarding
chickens.
Bob Youngsma, Cypress, spoke regarding pending lawsuit.
Christen Jackson, Cypress, spoke regarding grass field at Lexington Park and OC Animal
Care Shelter operation hours.
Glenn Button, Cypress, spoke regarding good governance proverbs.
The City Attorney and City Manager spoke regarding farm animal keeping within the City.
COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND
COMMITTEES AND REMARKS
Council Member Marquez:
Will attend the Santa Ana River Flood Protection Agency Board meeting. Attended
groundbreaking ceremony for the Cypress High School athletic field. Attended Veterans
ceremony at Arnold and Vessel Elementary. Participated in the Boy Scouts Troop 295
annual Veterans Day flag tribute at Forest Lawn.
Council Member Peat:
Participated in an Eagle Scout interview. Shared information regarding Mosquito
awareness and prevention. Spoke about growing interest in farm animal keeping within
the City.
Council Member Burke
Attended OC Library Advisory Board meeting. Spoke further regarding Agenda Item No.
22 and reaching City Council consensus.
9
Mayor Pro Tern Minikus
Attended Veterans Day flag tribute at Forest Lawn. Spoke at Cottonwood Church for
Veterans Day celebration.
Mayor Mallari
Attended Veterans Day flag tribute at Forest Lawn. Attended Veterans of Distinction
ceremony at Cypress College and congratulated former Mayors Leroy Mills and Paulo
Morales. Announced her daughter was married this weekend.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None.
CITY MANAGER REMARKS
Announced the next regular City Council meeting will be held on December 11 and the
Holiday Sing event will take place on December 5.
ADJOURNMENT
Mayor Mallari adjourned the Regular Meeting at 10:10 p.m. to an adjourned Regular
Meeting, to be held on Monday, December 11, 2023, beginning at 5:30 p.m. in the
Executive Board Room.
`MAYOR OF THE `ITY OF YPR SS
ATTEST:
1
CITY CLERK OF T E CITY OF CYPRESS