2024-07-08105
REGULAR MEETING
CYPRESS CITY COUNCIL
JULY 8, 2024
6:00 P.M. — General Session
A regular meeting of the Cypress City Council was called to order at 6:25 p.m. by Mayor
Minikus 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 Scott Minikus
Mayor Pro Tem Bonnie Peat
Council Member David Burke
Council Member Anne Mallari
Council Member Frances Marquez
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administration 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
PRESENTATIONS
The Chief of Police introduced Police Clerk Laura Blazquez.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Erika Gary, Cypress, spoke regarding Agenda item No. 5.
David Skorupinski, Cypress, spoke regarding Agenda item No. 5.
Terrisa Ha, Cypress, spoke regarding Agenda Item No. 5.
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. 5.
A motion was made by Council Member Mallari and seconded by Mayor Pro Tem Peat,
to approve consent calendar items No. 1 through 4 and 6 through 10.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Approve Minutes - Meetings of May 13, May 23, and May 28, 2024
Recommendation•. Approve as submitted.
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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: Accept the Community Center Roof Replacement, Project 329
Recommendation:
1. Accept the Community Center Roof Replacement, Project 329, in the amount of
$522,610.52 and approve the final payment of $26,130.53 to Rite -Way Roof
Corporation; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 4: Approve an Agreement and Task Order for On -Call
Stormwater/Water Quality Program Services
Recommendation:
1. Approve an agreement for on-call stormwater/water quality program services with
Charles Abbott Associates, Inc., and
2. Approve a task order to Charles Abbott Associates, Inc. not to exceed $162,950 to
perform stormwater/water quality program services from August 1, 2024 through June
30, 2025.
Item No. 6: Adopt an Ordinance Approving Electronic and Paper Methods of
Filing Campaign Finance Disclosure Statements
Recommendation: Approve the second reading of an Ordinance relating to campaign
finance reporting and approving electronic and paper methods of filing campaign
finance disclosure statements.
ORDINANCE NO. 1209
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA
AMENDING SECTION 2-128 OF THE CYPRESS MUNICIPAL CODE
RELATING TO CAMPAIGN FINANCE REPORTING AND APPROVING
ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN
FINANCE DISCLOSURE STATEMENTS
Item No. 7: Adopt a Resolution Approving a Three -Year Memorandum of
Understanding with the Cypress Employees' Association
Recommendation:
1. Adopt a Resolution approving a Memorandum of Understanding with the Cypress
Employees' Association from July 1, 2024 through June 30, 2027 and;
2. Approve a $125,000 appropriation in the General Fund for FY 2024-25 salary and
benefit costs which exceed the adopted budget.
RESOLUTION NO. 6981
A RESOLUTION OF THE CITY COUNCIL AND ACTING AS EX -OFFICIO
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT OF THE CITY OF CYPRESS, APPROVING THE
MEMORANDUM OF UNDERSTANDING BE EEN THE CITY OF
CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION
CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT
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Item No. 8: Approve an Agreement Renewing Computer Security Monitoring
Services
Recommendation: Approve a three-year agreement with SHI International Corp. for
$42,834.13 to renew the CrowdStrike Computer Security Monitoring Services
subscription.
Item No. 9: Adopt a Resolution approving the California State -Subdivision
Agreement Regarding Distribution and Use of Settlement Funds with Kroger Co. to
Resolve Lawsuits Accusing Pharmacy Chains of Mishandling Opioids Pain Drugs
Recommendation: Adopt a Resolution authorizing the City to enter into the Settlement
Agreement with Kroger Co. to resolve lawsuits accusing pharmacy chains of
mishandling opioid pain drugs, agree to the terms of the related State -Subdivision
Agreement, and authorize entry into the relates State -Subdivision Agreement with the
Attorney General.
RESOLUTION NO. 6982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE CITY OF CYPRESS TO ENTER INTO THE
SETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO THE
TERMS OF THE RELATED STATE -SUBDIVISION AGREEMENT, AND
AUTHORIZE ENTRY INTO THE RELATED STATE -SUBDIVISION
AGREEMENT WITH THE ATTORNEY GENERAL
Item No. 10: Receive and File the Police Department's Annual Military Equipment
Report Per California Assembly Bill 481
Recommendation:
1. Receive and file the Police Department's Annual Military Equipment Report per
California Assembly Bill 481; and
2. Approve a renewal of the military equipment policy previously adopted by City Council
Ordinance No. 1194.
PUBLIC HEARING
Item No. 11: Adopt Resolutions to Implement the 2021-2029 Housing Element,
Certify the Housing Element Implementation Program Environmental Impact
Report, and Hold a General Municipal Election on November 5, 2024
The City Manager provided introductory comments.
The Planning Director provided a report on this item.
The City Council asked questions of staff.
Mayor Minikus opened the Public Hearing.
Mayor Minikusinvited members of the public to speak on this item.
Armando Sepulveda, Cypress, spoke in opposition of the item.
Paul Kokkinos, Cypress, requested transparency throughout the process.
Steve Sollitt, Cypress, spoke regarding concerns with housing density.
Larry Civitelli, Cypress, spoke regarding housing impact on local hospitals.
Marilyn Reames, Cypress, spoke in opposition of the item.
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Brittany Cook, Cypress, spoke regarding housing element implementation education and
outreach.
Donna McDougal, Cypress, spoke regarding concerns with housingdensity.
Tim Keenan, Cypress; spoke in support of the. item.
Brian Rutt, Cypress, spoke in opposition of the item.
Gayel Kaplan, Cypress, spoke regarding concerns with housing density.
Claire Siverman, Cypress, asked questions regarding housing element and expressed
concerns with traffic.
Rita Gamil, Cypress, spoke in opposition of the item.
Kori Sanders, Cypress, spoke in support of the item.
Brooke Nafarrete, Cypress, spoke regarding traffic concerns with increased housing.
Mayor Minikus closed the Public Hearing.
The City Council discussion ensued.
The City Attorney read the title of the Ordinance.
A motion was made by Council Member Mallari, and seconded by Mayor Pro Tem Peat,
to Adopt a Resolution certifying the Housing Element Implementation Program
Environmental Impact Report, approving the Findings of Fact, Statement of Overriding
Consideration, and the Mitigation Monitoring and Reporting Program; and Adopt a
Resolution ordering the submission to the qualified voters of a measure with discussed
revisions to consider approval of an Ordinance repealing the Cypress Town Center and
Commons Specific Plan 2.0 and adopting the Cypress Town Center and Commons
Specific Plan 3.0; authorizing the Mayor to submit an argument in favor of the measure,
setting priorities for filing a written argument regarding the measure; and directing the City
Attorney to prepare an impartial analysis, and providing for the filing of any rebuttal
argument; and Adopt a Resolution requesting the Board of Supervisors of the County of
Orange consolidate a General Municipal Election with the Statewide General Election on
November 5, 2024, for the purpose of submitting a Measure to the voters pursuant to
Elections Code Section 10403.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Mallari, Peat and Minikus
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6983
A RESOLUTION OF CITY COUNCIL OF THE CITY OF CYPRESS (1)
ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES,
SECTION 15091; (2) CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2023040560) FOR THE PROGRAMMATIC UPDATE
TO THE CITY'S GENERAL PLAN, LINCOLN AVENUE SPECIFIC PLAN,
THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 2.0,
THE 2012 CYPRESS BUSINESS AND PROFESSIONAL CENTER
SPECIFIC PLAN, AND IMPLEMENTING ZONING ORDINANCE; (3)
ADOPTING THE PROPOSED MITIGATION MONITORING AND
REPORTING PROGRAM, AND (4) ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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RESOLUTION NO. 6984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF CYPRESS OF A MEASURE TO
CONSIDER APPROVAL OF AN ORDINANCE TO REPEAL THE
CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 2.0 AND
ADOPT THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC
PLAN 3.0 TO MEET THE CITY OF CYPRESS'S REGIONAL HOUSING
NEEDS ALLOCATION AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, AS CALLED BY RESOLUTION NO. 6974
RESOLUTION NO. 6985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
FOR THE SUBMISSION OF A MEASURE TO CONSIDER APPROVAL
OF AN ORDINANCE TO REPEAL THE CYPRESS TOWN CENTER AND
COMMONS SPECIFIC PLAN 2.0 AND ADOPT THE CYPRESS TOWN
CENTER AND COMMONS SPECIFIC PLAN 3.0 TO MEET THE CITY OF
CYPRESS'S REGIONAL HOUSING NEEDS ALLOCATION TO THE
VOTERS PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
Mayor Minikus recessed the meeting at 8:36 p.m.
Mayor Minikus reconvened the meeting at 8:48 p.m.
NEW BUSINESS
None.
ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 5: Approve Agreements to Replace the Roof and HVAC of a City -Owned
Building at 10161 Moody Street (Cedar Glen Park), Project 378
Council Member Burke commented on this item.
The City Attorney provided clarifying comments regarding the lease agreement between
the City and Boys and Girls Club.
A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Buke, to
approve an Agreement for Construction Services with MDJ, LLC., for $507,766.02, and
authorize a contingency of $76,000; and Approve a Task Order for Construction
Inspection Services to FCG Consultants, Inc., for $49,265.70, and authorize a
contingency of $7,400; and appropriate $640,432 in the City Capital Projects Fund for the
Roof and HVAC Replacement at 10161 Moody Street (Cedar Glen Park), Project 378;
and transfer $620,432 from the Infrastructure Reserve Fund to the City Capital Projects
Fund for Project 378; and increase estimated revenues by $20,000 in the City Capital
Projects Fund.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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ITEMS FROM CITY COUNCIL MEMBERS
Item No. 12: Receive Reports from Council Members Appointed to Represent the
City on Organizations and Committees
Council Member Buke provided a report regarding the Orange County Library Advisory
Board, Briges at Kramer Place Community Advisory Board, and the Cypress School
District Ad Hoc Subcommittee.
Council Member Mallari provided a report regarding the Orange County Fire Authority,
Economic Development Ad Hoc Subcommittee, Cypress College Ad Hoc Subcommittee,
and Anaheim Union High School District Ad Hoc Subcommittee.
Council Member Marquez provided a report regarding the Santa Ana River Flood
Protection Agency.
Mayor Pro Tem Peat provided a report regarding the Orange County Mosquito and Vector
Control District, Veteran Recognition Ad Hoc Subcommittee, and Cypress College Ad
Hoc Subcommittee.
Mayor Minikus provided a report regarding the Orange County Sanitation District,
Anaheim Union High School District Ad Hoc Subcommittee, Regional Military Affairs
Committee, League of California Cities General Assembly, Southern California
Association of Governments General Assembly, Veteran Recognition Ad Hoc
Subcommittee, and West Cities Police Communications Center.
ORAL COMMUNCATONS:
Armando Sepulveda, Cypress, spoke regarding City Council decorum.
The City Attorney provided clarification regarding procedural guidelines.
Denise Inouye, Cypress, spoke regarding holiday decorations.
Esther Poch, Cypress, spoke regarding district elections.
Brooke Nafarrete, Cypress, spoke regarding City Council behavior during meetings.
COUNCIL MEMBER REPORTS FROM CITY' -AFFILIATED BOARDS AND
COMMITTEES AND REMARKS
Council Member Marquez
Attended Concerts on the Green and thanked the Recreation department. Attended the
Orange County Public Library Career Online High School graduation ceremony.
Council Member Mallari:
Thanked the Recreation department for the Concerts on the Green and Senior
programing.
Council Member Burke:
Congratulated the Recreation department on a successful Concert on the Green and
Salute to America event. Attended the Orange County Public Library Career Online High
School graduation ceremony.
Mayor Pro Tem Peat:
Attended the Regional Military Affairs Committee and OC Sanitation District Board
meeting on behalf of Mayor Minikus. Attended Salute to America and Concerts on the
Green. Provided information regarding viral infections transmitted by mosquitos to people.
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Mayor Minikus.
Thanked Mayor Pro Tem Peat for attending OC Sanitation District and RMAC meetings
on his behalf and stated he was out of town on a business trip. Attended Salute to America
and Concerts on the Green.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None.
CITY MANAGER REMARKS
City Attorney provided a report on two Supreme Court case related to homelessness.
ADJOURNMENT
Mayor Minikus adjourned the Regular Meeting at 9:41 p.m. to an adjourned Regular
Meeting, to be held on Monday, August 26, 2024, beginning at 5:30 p.m. in the Executive
Board Room.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS