Agenda packet — Cypress City Council, July 11, 2022

AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
July 11, 2022
5:30 P.M.
www.cypressca.org Council Chambers
5275 Orange Avenue
Cypress, California

PUBLIC PARTICIPATION
Consistent with current COVID-19 safety guidelines, members of the public can participate in this meeting as follows:

1. Attend In-Person. First-come, first-served seating is available in the Council Chambers. Face coverings are strongly recommended and all in-person attendees must be free of any symptoms associated with COVID-19.

2. Attend Virtually via Webinar. This option provides the ability to provide live public comments during Oral Communications or Public Hearings and view slideshow presentations. Please register at https://attendee.gotowebinar.com/register/7462357254637419788 to receive an email containing a link to join the webinar. Advance registration is recommended.

3. Watch the Meeting. The City Council meeting can be viewed live on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

4. Listen to the Meeting. The public may participate via the listen-only teleconference mode by calling (213) 929-4212 and entering Access Code 517-640-239 when prompted. No registration or audio pin is necessary.

5. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on July 11, 2022 will be added to the City Council agenda as a Consent Calendar item.

CALL TO ORDER
5:30 P.M.

Executive Board Room

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
ORAL COMMUNICATIONS (Three minutes per speaker, unless extended by the City Council) The public may address the City Council on matters appearing on the Closed Session agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.

Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on July 11, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Group: Cypress Police Officers Association
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Unrepresented Employee: City Manager
PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE
Pursuant to Government Code Section 54957
Title: City Attorney

RECONVENE
7:00 P.M.

Council Chambers
July 11, 2022 | Page 2

PLEDGE OF ALLEGIANCE
INVOCATION St. Irenaeus Catholic Church
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.

REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney

PRESENTATIONS
Southern California Gas Company Update
Introduction of New City Employees
Salute to America Recap
ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

July 11, 2022 | Page 3
Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on July 11, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.

PUBLIC HEARINGS
Public comments – five minutes per speaker, unless extended by the City Council.

If you would like to provide comments on a Public Hearing item in person, please complete a Speaker's Card available at the podium. If you would like to provide comments on a Public Hearing item via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise = Unmute
Speakers providing comments in person will be called first. Members of the public providing comments via webinar are encouraged to also submit a written copy of their comments to [email protected] prior to 3:00 p.m. on July 11, 2022. This will ensure your comments are included in the public hearing record should you experience any technical difficulties during the public hearing.

Council Members should disclose communications with anyone relevant to a Public Hearing item.

1. Approve Conditional Use Permit No. 2022-03 to Permit the Sale of Beer and Wine at a New Restaurant at 4061 Ball Road
Prepared by: Alicia Velasco, Planning Director
Recommendation: Adopt a Resolution approving Conditional Use Permit No. 2022-03, with conditions, and confirm the project is exempt from the California Environmental Quality Act requirements.

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.

2. Receive and File Public Comments Submitted for the July 11, 2022 City Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.

3. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading

July 11, 2022 | Page 4

4. Approve Minutes - Meetings of June 10, 2022 and June 13, 2022 Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.

5. Approve a Task Order for an Environmental Initial Study/Mitigated Declaration for a Warehouse Development at 5757 Plaza Drive
Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve a task order with LSA for the preparation of an Environmental Initial Study/Mitigated Negative Declaration for $81,700.

6. Approve the Purchase of One Replacement Police Vehicle Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Authorize the purchase of one replacement police vehicle, including upfitting, for $30,723 from Wondries Fleet Group via National Auto Fleet Group through the Sourcewell cooperative purchasing program; and

2. Authorize a $30,723 appropriation increase in the City's Capital Replacement Fund for the replacement police vehicle; and

3. Authorize a transfer of $20,584 from the General Liability Fund to the City's Capital Replacement Fund for insurance proceeds received to pay for the vehicle replacement.

7. Approve Register of Warrants, Transfers, and Wires Issued for the Period of June 18, 2022 through July 1, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve the attached payment register summarized below for the period of June 18, 2022 through July 1, 2022:

Electronic Funds Transfers 11201 through 11379
Warrants 59798 through 59902
Payroll Transfers W1478

NEW BUSINESS

8. Receive and File Police Department Strategic Plan
Prepared by: Mark Lauderback, Chief of Police
Recommendation: Receive and file the Police Department strategic plan.

July 11, 2022 | Page 5

9. Establish Electric Vehicle Charging Station Operations and Fees Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Amend the Master Fee Schedule to establish fees for electric vehicle charging at City facilities; and

2. Award a contract to Rexel Energy Solutions, a ChargePoint, Inc. Partner, for a five-year software license at Lexington Park for an amount not to exceed $41,064; and

3. Award a five-year Master Services and Subscription Agreement with ChargePoint, Inc. for the use of ChargePoint services at City-owned charging stations; and

4. Increase estimated revenues in the Cypress Recreation and Park District's General Fund by $15,700 for electric vehicle charging revenue; and

5. Appropriate $15,700 in the Cypress Recreation and Park District's General Fund for costs associated with operating electric vehicle charging stations.

10. Accept the Arnold Cypress Park Preliminary Design
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept the Arnold Cypress Park preliminary design; and

2. Amend the Seven-Year Capital Improvement Program (CIP) to update the funding for Arnold Cypress Park Rehabilitation; and

3. Conduct additional public outreach to refine the preliminary design.

11. Approve an Amendment to the City Manager Employment Agreement Prepared by: Peter Grant, City Manager
Recommendation: Approve the Second Amendment to the Amended and Restated City Manager Employment Agreement.

12. Receive and File a Public Records Act Request from Council Member Marquez Prepared by: Peter Grant, City Manager
Recommendation: Receive and file a Public Records Act request from Council Member Marquez.

July 11, 2022 | Page 6

ITEMS FROM CITY COUNCIL MEMBERS

13. Discuss Council Member Marquez's Concerns Related to Conflicts of Interest Among the Individuals Who Negotiated the Franchise Agreement for the Provision of Solid Waste and Recycling Services with Valley Vista Services, Inc. dba as Valley Vista Services of Orange County
Agendized by: Frances Marquez, Council Member
Recommendation: Discuss and provide direction.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

COUNCIL MEMBER REPORTS AND REMARKS

CITY MANAGER REMARKS

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, August 22, 2022, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 8th day of July, 2022.

________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to July 11, 2022 | Page 7
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

July 11, 2022 | Page 8
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 1.

FROM: Alicia Velasco, Planning Director
DATE: 07/11/2022
SUBJECT: Approve Conditional Use Permit No. 2022-03 to Permit the Sale of Beer and Wine at a New Restaurant at 4061 Ball Road

RECOMMENDATION
Adopt a Resolution approving Conditional Use Permit No. 2022-03, with conditions, and confirm the project is exempt from the California Environmental Quality Act requirements.

DISCUSSION
Project Description
The applicant, Mokkoji Shabu Shabu restaurant, is requesting a conditional use permit (CUP) for the sale of beer and wine for a new restaurant at 4061 Ball Road. This will be Mokkoji’s fifth location. The restaurant will be open for lunch and dinner, from 11 A.M. to 9 P.M. Sunday through Wednesday and from 11 A.M. to 10 P.M. Thursday through Saturday.

Subject Property and Surrounding Uses
The restaurant is 1,433 square feet, in an eight-acre commercial center that includes a grocery store, restaurants, retail, and service businesses. The property is zoned CG – Commercial General and the General Plan designation is General Neighborhood Commercial. The shopping center is surrounded by:

Direction Land Use Zoning
North Apartments RM-20 Residential Multiple-Family
South Townhomes PRD Planned Residential
Development
East Nature Park (Flood Control Basin) PS Public & Semi-Public West Chase Bank & 7-Eleven
convenience market
CG General Commercial Zone in
City of Los Alamitos
A vicinity map is attached.

Analysis
Alcohol Beverage Sales
Restaurants are permitted in the CG Zone. The sale of alcoholic beverages requires a CUP.

The restaurant’s CUP application is consistent with the alcoholic beverage sales guidelines in Section 3.17.030.B of the Zoning Ordinance. Three other restaurants in the shopping center serve alcohol.

Conditional Use Permit
The commercial center complies with all development standards, including parking. With the recommended conditions, the restaurant will not have an adverse effect on adjacent properties or other businesses in the center and the sale of beer and wine at Mokkoji will not change the character of the commercial center. The Police department reviewed the application and recommends approval subject to the conditions of approval.

Required Findings
The project is consistent with the findings required by Zoning Code Section 4.19.070E (Conditional Use Permit) and Section 3.17.030.B (Alcoholic Beverage Sales):

The proposed location of the conditional use is consistent with the requirements of the General Plan and the zoning district in which the site is located:

1. The site is zoned CG – Commercial General, which is consistent with the General Neighborhood Commercial land use designation in the General Plan. The CG Zone’s intent is to serve the daily shopping needs of the community. The CG Zone permits restaurants with alcohol sales, subject to a Conditional Use Permit and the application meets all development standards. The restaurant is in a commercial shopping center with surrounding retail and service type businesses. The restaurant, with beer and wine sales, will complement the surrounding uses.

The location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity:

2. A restaurant is a permitted use at this location. The addition of on-site beer and wine sales will not be detrimental to the public health, safety or welfare, or injurious to properties in the vicinity. The project meets all development standards. With the recommended project conditions, beer and wine sales will comply with Municipal Code and Alcohol Beverage Control regulations. The Police department reviewed the restaurant’s application and found no indication that the addition of beer and wine sales would cause an undue burden on police resources.

The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance:

3. The use as proposed and conditioned is consistent with the criteria for approving conditional use permits for alcoholic beverage sales, as set forth in Section 3.17.030.B of the Zoning Ordinance.

Recommendation
The CUP meets the requirements and intent of the Municipal Code and standards for the sale of alcohol. The shopping center where the restaurant is located meets all development standards and the addition of beer and wine sales will provide a full-service dining option. It is recommended the City Council approve the Conditional Use Permit resolution and confirm the project is exempt from California Environmental Quality Act requirements.

Public Hearing
Notices of the public hearing were posted and mailed to the owners of all properties located within 500 feet of the site. To date, no communication regarding this item has been received.

Alternative Action
In the event the City Council determines there are concerns which should be addressed prior to taking any action on this item, the City Council should continue this application and instruct staff to work with the applicant to resolve the issues. A second alternative is to make the required finding for denial and deny the project.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution
Project Conditions
Vicinity Map
Notice of Exemption
-1-
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2022-03, A REQUEST TO

ALLOW ON-SALE BEER AND WINE AT A NEW RESTAURANT LOCATED AT 4061 BALL ROAD, WITHIN THE CG – COMMERCIAL GENERAL ZONE AND

FINDING THE REQUEST EXEMPT FROM CALIFORNIA ENVIROMENTAL ACT REQUIREMENTS.

WHEREAS, the City Council of the City of Cypress has considered an application for a conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow on-site sale of beer and wine at a restaurant located at 4061 Ball Road, within the CG – Commercial General Zone.

WHEREAS, the subject site is designated General Neighborhood Commercial in the City’s General Plan, and is zoned CG – Commercial General Zone, which allows restaurants by right.

Section 3.17.030 of the Cypress Zoning Ordinance requires a conditional use permit and has special use provisions for restaurants with alcohol sales.

WHEREAS, the City Council, after proper notice thereof, on July 11, 2022, held a duly noticed public hearing on the application and took public testimony.

WHEREAS, the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15301 – Existing Facilities. Section 15301 involves the permitting, licensing or leasing of existing private or public buildings, which involves negligible changes in use of the building. The proposed project consists of a request to permit a restaurant, with an on-sale beer and wine license, within an existing 1,433 square-foot commercial building. Besides tenant improvements for the restaurant, including the alcoholic beverage storage area, there is no new building construction related with the project. Therefore, the City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment.

WHEREAS, it has been determined by the California Department of Alcoholic Beverage Control (ABC) that there is not an “undue concentration” in relation to the number of alcohol licenses that currently exist within the subject census tract of the City (Census Tract: 1101.17).

WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS:

SECTION 1. Findings. Pursuant to the Section 4.19.070E of the Cypress Zoning Ordinance, -2-
the City Council finds, after due study and deliberation that the following circumstances exist:

1. The proposed location of the conditional use is consistent with the requirements of the general plan and the zoning district in which the site is located:

The site is zoned CG – Commercial General, which is consistent with the General Neighborhood Commercial land use designation in the General Plan. The CG Zone’s intent is to serve the daily shopping needs of the community, including larger, community scale shopping centers and regional malls. The CG Zone permits restaurants with alcohol sales, subject to a Conditional Use Permit and the application meets all development standards. The restaurant is in a commercial shopping center with surrounding retail and service type businesses. The restaurant business, with added beer and wine sales, will complement the surrounding uses.

2. The location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity:

A restaurant is a permitted use at this location. The addition of beer and wine for on-site consumption will not be detrimental to the public health, safety or welfare, or injurious to properties within the vicinity. The project location meets all development standards. As conditioned, the beer and wine sales will comply with Municipal Code and Alcohol Beverage Control (ABC) regulations. The Police department reviewed the restaurant’s application and found no indication that the addition of beer and wine sales would cause an undue burden on police resources.

3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance:

The use as proposed and conditioned is consistent with the criteria for approving conditional use permits for alcoholic beverage sales, as set forth in Section 3.17.030.B of the Zoning Ordinance.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2022-03, subject to the conditions attached hereto as Exhibit "A".

Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure 1094.6.

PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 11th day of July, 2022.

MAYOR OF THE CITY OF CYPRESS
-3-
ATTEST:

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 11th day of July, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS
 Community Development Department  Planning Division 

EXHIBIT A
CONDITIONAL USE PERMIT NO. 2022-03
(On-sale Beer and Wine at Restaurant)
4061 Ball Road

CONDITIONS OF APPROVAL

1. General Conditions

1.1. Prior to the issuance of building permits or commencement of the use, the project applicant shallsign and return a City-provided affidavit accepting these conditions of approval. (Planning)

1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 etseq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the applicant of any claim, action, or proceeding brought within this time period. (City Attorney)

1.3. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)

2. Planning

2.1. The alcoholic beverage sales associated with the restaurant shall be limited to on-sale beer & wine (Type 41 ABC License). The beer and wine consumption activities shall be confined within the restaurant lease area and shall comply with the restrictions of the ABC License. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit will require an amendment to the conditional use permit. (Planning)

2.2. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (Planning)

3. Signage

3.1. The property owner/tenant shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. (Planning) Exhibit A
Conditional Use Permit No. 2022-03 Page 2
Conditions of Approval
 Community Development Department  Planning Division 

4. Operational

4.1. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning)

4.2. If complaints are received regarding business hours of operation, noise, property/building maintenance, or vehicles not adhering to the approved parking, traffic and circulation plans, and relevant mitigation measures, the City, in its discretion, may have the City Council review the conditional use permit to, without limitation, revise the business hours, add conditions, or revoke the permit. When a complaint is received, the restaurant owner will engage with the City, to determine if the complaint is verified. Three unique verified complaints within 30 days or 10 unique verified complaints in a 12-month period shall indicate the use is creating an adverse impact upon neighboring properties. (Planning)

5. Property Maintenance

5.1. Commercial - The property owner shall maintain the site, the publically accessible interior, and publically viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning)

6. Fees

6.1. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk-Recorder in the amount of $50.00 County administrative fee, to enable the City to file the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines. (Planning)

7. Building and Safety

7.1. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2019 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2019 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety)

8. Security

8.1. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department)
Exhibit A
Conditional Use Permit No. 2022-03 Page 3
Conditions of Approval
 Community Development Department  Planning Division 

9. Alcohol – On-Sale

9.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to this conditional use permit becoming effective. (Planning)

9.2. The hours of operation shall be from 11:00 a.m. to 9:00 p.m. Sunday through Wednesday and from 11:00 a.m. to 10:00 p.m. Thursday through Saturday. (Planning)

9.3. Signs shall be posted at the restaurant exit prohibiting open alcoholic beverages from leaving the confines of the restaurant. (Police Department)

9.4. At any time when the licensee(s) are absent from the premises they shall designate a responsible party on the premises who can assist or facilitate any peace officer inquiries. (Police Department)

9.5. The occupancy of the premises shall be prominently posted and monitored at all times. (Police Department)

9.6. There shall be no live entertainment permitted on the premises unless a special event permit is received pursuant to Cypress Municipal Code, Chapter 9.

9.7. All employees of the business who sell or serve alcoholic beverage products shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence. For new employees, such training program must be completed within 30 days of the date of hire. The employees must provide the City of Cypress Police Department, Criminal Investigations Bureau a copy of the completed Alcohol Management Program (AMP) certificate. (Police Department)

9.8. The business shall install a surveillance camera system, colored monitor, and silent alarm. (Police Department)
Effective: 7/11/2022
Conditional Use Permit No. 2022-03
4061 Ball Road

VICINITY MAP

N PROJECT SITE
PL-5 Rev. 2011

NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Cypress 1400 Tenth Street, Room 121 5275 Orange Avenue
Sacramento, CA 95814 Cypress, CA 90630
X County Clerk-Recorder
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
Project Title
Conditional Use Permit No. 2022-03
Project Location - Specific
4061 Ball Road
Project Location - City
Cypress
Project Location - County
Orange
Description of Nature, Purpose, and Beneficiaries of Project A request to allow on-sale beer and wine at a new restaurant, owned and operated by Mr. Peter Pham.

Name of Public Agency Approving Project
City of Cypress
Name of Person or Agency Carrying Out Project (Applicant’s Name and Address) Mr. Peter Pham, 4061 Ball Road, Cypress, CA 90720
Exempt Status: (Check One)
Ministerial (Sec. 21080(b)(1);15268);
Declared Emergency (Sec. 21080(b)(3);15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption, Class 1.a (Sec. 15301(a))
Reasons why project is exempt:

The project consists of ABC licensing and minor interior alteration for a new business within an existing commercial building lease space.

Lead Agency Contact Person
Ms. Kori Sanders, Associate Planner
Area Code
(714)
Telephone Number
229-6724
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes X No ________
_________________________________ __________________________ ______________ Date Received for Filing at OPR Signature Date
Planning Director_____
Title
Signed by Lead Agency
Signed by Applicant
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 2.

FROM: Alisha Farnell, City Clerk
DATE: 07/11/2022
SUBJECT: Receive and File Public Comments Submitted for the July 11, 2022 City Council Meeting

RECOMMENDATION
Receive and file submitted public comments.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.

FROM: Alisha Farnell, City Clerk
DATE: 07/11/2022
SUBJECT: Approve Minutes - Meetings of June 10, 2022 and June 13, 2022

RECOMMENDATION
Approve as submitted.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
June 10, 2022 Special City Council Meeting Minutes
June 13, 2022 City Council Meeting Minutes

SPECIAL MEETING

CYPRESS CITY COUNCIL
JUNE 10, 2022
2:00 P.M.

A special meeting of the Cypress City Council was called to order at 2:04 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California.

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
ORAL COMMUNICATIONS (Limited to three minutes per speaker, unless extended by the City Council)
Steven Mauss, Cypress, spoke about civility between Council Members.

Malini Nagpal, Cypress, expressed support for Council Member Marquez.

Troy Tanaka, Cypress, expressed support for Council Member Marquez.

ITEMS FROM CITY COUNCIL MEMBERS
Item No. 1: Direct Council Member Marquez to Comply with the California Public Records Act
Mayor Morales provided a report on this item.

City Council discussion ensued.

A motion was made Council Member Peat, and seconded by Council Member Minikus, to direct Council Member Marquez to immediately provide the City Clerk with a complete response to the request by Fortis, LLP under the Public Records Act; direct Council Member Marquez to immediately provide the City Attorney with a complete response to questions from Fortis, LLP regarding her claim of attorney client privilege for city-held records requested by Fortis, LLP under the Public Records Act; direct the City Clerk to release all records for which Council Member Marquez claimed attorney client privilege with personal legal counsel by Monday, June 13 at 9:00 AM if Council Member Marquez has not provided a complete written legal justification in response to Fortis, LLP; direct Council Member Marquez to immediately provide the City Clerk with records requested by Californians Aware under the Public Records Act; and direct Council Member Marquez to adhere to all Public Records Act requests deadlines from city management.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: Require Council Members to Adhere to Public Records Act Response Deadlines Established by City Management
Mayor Morales provided a report on this item.

A motion was made by Council Member Minikus, and seconded by Council Member Peat, to require Council Members to adhere to Public Records Act response deadlines established by City Management.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: Authorize the City Manager to Retain Special Legal Counsel to Assist in Responding to Public Records Act Requests
Mayor Morales provided a report on this item.

City Council discussion ensued.

A motion was made by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to authorize the City Manager to retain special legal counsel to assist in responding to Public Records Act requests.

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 4: Place a Resolution on the June 13, 2022, City Council Agenda Censuring Council Member Marquez for Violating the Laws of the State of California by Failing to Respond to Public Records Act Requests, Failing to Respond to Public Records Act Requests in a Timely Manner, and Disclosing Confidential Information from Closed City Council Session(s); Violating the Charter; Violating the Code of Ethics; and Violating the Civility, Conduct and Governance Policy
Mayor Morales provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to add the attached Resolution 1 to a future agenda for City Council consideration.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
A motion was made by Council Member Peat, and seconded by Council Member Minikus, to place Resolution 1 on the agenda of the regular City Council meeting on June 27, 2022 for consideration.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None

ADJOURNMENT
A motion was made by Council Member Peat, seconded by Council Member Minikus, and unanimously carried 5-0, to adjourn the meeting at 3:40 p.m. The next meeting will be an adjourned Regular Meeting will be held on Monday, June 13, 2022, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

REGULAR MEETING

CYPRESS CITY COUNCIL
JUNE 13, 2022
6:00 P.M.

A regular meeting of the Cypress City Council was called to order at 6:01 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California.

Pursuant to Government Code section 54953(b), this Regular City Council Meeting included teleconference participation by Mayor Pro Tem Anne Hertz-Mallari from Summercamp, 70 Lake Avenue, Oak Bluffs, MA 02557

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton City Clerk Alisha Farnell
Human Resources Administrator Regina Nguyen

ORAL COMMUNICATIONS
None.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Youngsma, et al. v. Cypress School District, et al.

Case No. 30-2021-01220176-CU-EI-CXC
Orange County Superior Court

CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Group: Cypress Police Officers Association
Mayor Morales recessed the meeting at 6:03 p.m.

RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:16 p.m.

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Finance Director Matt Burton
Director of Public Works Doug Dancs
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback
City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Management Analyst Kirsten Graham
Maintenance Superintendent Kirk Streets
PLEDGE OF ALLEGIANCE Council Member Peat led the Pledge of Allegiance.

INVOCATION Pastor Mike McKay, Cypress Neighborhood Church, led the Invocation.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session regarding the first item listed on the agenda, Conference with Legal Counsel – existing litigation, the matter of Youngsma, et al. v. Cypress School District, et al. He further reported that the City Council received an update and no reportable action was taken.

Regarding the second Closed Session item listed on the agenda, namely Conference with Labor Negotiator concerning the employee group Cypress Police Officers Association, the City Attorney reported the City Council received an update on the status of negotiations and no further reportable action was taken.

PRESENTATION
The City Council recognized and presented Certificates of Appreciation to the following outgoing Commissioners: Robert Koehler, Traffic Commission; Joe Warner, Traffic Commission; Joy Harper, Recreation and Community Services Commission; and Rachel Strong, Senior Citizens Commission.

The City Council recognized Maintenance Superintendent Kirk Streets and West Cities Police Communications Dispatcher Cheryl Austin in honor of their retirement.

The Director of Public Works introduced Maintenance Workers Mario Araya and Marcelino Chavez.

The Chief of Police provide an update on the School Resource Officer program.

ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
Malini Nagpal, Cypress, spoke about embracing diversity.

Harumi Lucak, Cypress, spoke regarding the June 10, 2022 Special City Council meeting.

Beth Culver, Cypress, spoke regarding the June 10, 2022 Special City Council meeting.

Carolyn Balagot, Cypress, spoke about recent Public Records Act requests and Pride picnic.

Robin Itzler, Cypress, spoke regarding closed captioning.

Bob Youngsma, Cypress, spoke regarding speeding on Newman Avenue and stop sign at Peach Avenue.

Marilyn Reames, Cypress, spoke regarding speaker cards and the May 23, 2022 City Council meeting.

Katie Shapiro, Cypress, spoke regarding California Brown Act violations and threating emails/text messages.

Clare Chu, Cypress, spoke regarding recent meeting behavior by Council Members and the community.

Donna Rae Johnson, Cypress, spoke regarding the June 10, 2022 Special City Council meeting.

Helen Le, Cypress, spoke regarding presentation items.

PUBLIC HEARING
Item No. 1: Introduce an Ordinance Amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Areas), Subsection 3.17.020 (B) (Accessory Structures Used For Living Purposes) Subsection 3.17.200 (Accessory Dwelling Units), Subsection

4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and Creating a New Subsection 4.19.200 (Reasonable Accommodation) of the Zoning Ordinance
The Planning Director provided a report on this item.

The City Attorney read the title of the Ordinance.

Mayor Morales opened the public hearing.

Mayor Morales invited the public to provide comments on this item.

Edwin Kraemer, Cypress, spoke regarding RHNA requirements.

Timothy Yerian, Cypress, spoke in support of this item.

No further comments were made.

Mayor Morales closed the public hearing.

A motion was made by Council Member Peat, and seconded by Council Member Marquez, to approve the first reading, by title only, of an Ordinance amending Section 12 (Density Bonus), Section 5 (Residential Zoning Districts), Subsection 3.11.050 (Allowed Projections Into Required Setback Ares), Subsection 3.17.020(B) (Accessory Structures Used for Living Purposes), Subsection 3.17.200 (Accessory Dwelling Units), Subsection

4.18.040 (Authority for Land Use and Zoning Decisions), Section 31 (Definitions), and creating a new Subsection 4.19.200 (Reasonable Accommodation) of Appendix I of the Municipal Code; and find the action exempt from the California Environmental Quality Act.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: Approve Conditional Use Permit No. 2022-01 to Permit a New SelfService Car Wash at 5890 Lincoln Avenue The Planning Director provided a report on this item.

Mayor Morales asked Council Members to disclose communication with anyone relevant to the item.

No communications were disclosed.

The Planning Director answered questions from Council Members.

Mayor Morales opened the public hearing.

Mayor Morales invited the applicant to come forward.

The applicant stated they reviewed the proposed conditions and are in agreement.

City Council asked questions of the applicant.

Mayor Morales invited the public to provide comments on this item.

Edwin Kraemer, Cypress, inquired about the city’s business plan for new developments.

Mayor Morales recessed the meeting at 8:57 p.m. due to technical difficulties. The City Attorney stated the public hearing will remain open.

At 9:03 p.m. Mayor Morales reconvened the meeting.

Mayor Morales invited the public to continue providing comments on this item.

Helen Le, Cypress, spoke in support of this item.

No further comments were made.

Mayor Morales closed the public hearing.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to adopt a Resolution approving Conditional Use Permit No. 2022-01, with conditions, and confirm the project is exempt from California Environmental Quality Act requirements.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6886

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2022-01, A REQUEST TO PERMIT A NEW SELF-SERVICE CAR WASH LOCATED AT 5890

LINCOLN AVENUE WITHIN THE PC - PLANNED COMMUNITY ZONE

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 Minikus stated that Agenda Item No. 18, the Warrant Register, includes electronic fund transfer No. 11167 for $286.18 as reimbursement for medical coverage he is entitled to receive as a CalPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 11167 for the reason disclosed.

Council Member Marquez requested to pull Agenda Item No 6.

Mayor Morales stated that Agenda Item No. 18, the Warrant Register, includes electronic fund transfer No. 11168 for $751.22 as reimbursement for medical coverage he is entitled to receive as a CalPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 11168 for the reason disclosed.

The City Attorney read the title of the Ordinance being presented on Agenda Item No. 13.

It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve Consent Calendar items No. 3 through 5 and 7 through 18.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: Receive and File Public Comments Submitted for the June 13, 2022 City Council Meeting
Recommendation: Receive and file submitted public comments.

Item No. 4: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 5: Approve Minutes - Meetings of April 15, 2022, May 9, 2022, May 11, 2022 and May 12, 2022
Recommendation: Approve as submitted.

Item No. 7: Adopt Annual Statement of Investment Policy Recommendation: Adopt a Resolution approving the Annual Statement of Investment Policy.

RESOLUTION NO. 6887

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: Adopt the Fiscal Year 2022-23 Appropriations Limit Recommendation: Adopt a Resolution establishing the City’s Fiscal Year 2022-23 appropriations limit.

RESOLUTION NO. 6888

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT
FOR THE 2022-23 FISCAL YEAR.

Item No. 9: Adopt the Cypress Recreation Park District’s Fiscal Year 2022-23 Appropriations Limit
Recommendation: Adopt a Resolution establishing the Cypress Recreation and Park District’s Fiscal Year 2022-23 appropriations limit.

RESOLUTION NO. 6889

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 2022-23 FISCAL YEAR.

Item No. 10: Adopt Resolutions to Hold a General Municipal Election on November 8, 2022
Recommendation:

1. Adopt a Resolution calling and giving notice of a General Municipal Election on Tuesday, November 8, 2022, for the election of certain officers as required by the City Charter; and

2. Adopt a Resolution requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the Statewide General Election to be held on the same date pursuant to Elections Code Section 10403; and

3. Adopt a Resolution adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

RESOLUTION NO. 6890

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.

RESOLUTION NO. 6891

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 8, 2022, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
RESOLUTION NO. 6892

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
NOVEMBER 8, 2022
Item No. 11: Amend On-Call Contract Services Agreement with Communications LAB for Community Outreach and Public Engagement and Approve Three Task Orders
Recommendation:

1. Amend the on-call contract services agreement with Communications LAB for community outreach and public engagement; and

2. Approve a Task Order for $12,000 for temporary communications support; and

3. Approve a Task Order for $9,600 for voter outreach efforts; and

4. Approve a Task Order for $60,000 for Recreation and Community Services communications support for FY 2022-23
Item No. 12: Amend the Senior Transportation Agreement with California Yellow Cab
Recommendation: Approve an amendment to the Senior Transportation Agreement with California Yellow Cab.

Item No. 13: Approve an Amendment to Section 21A-15 of the Municipal Code Related to the Disposition of Surplus Supplies and Equipment Recommendation: Introduce for first reading an Ordinance, by title only, amending Section 21A-15 of the Municipal Code regarding the disposition of surplus supplies and equipment.

Item No. 14: Approve Expenditures for the Cypress Recreation and Community Services Foundation
Recommendation:

1. Authorize expenditures not to exceed $5,000 for the purchase of beverages to be sold at the 2022 Salute to America; and

2. Authorize an expenditure of $2,844.45 to Friends of Cypress Recreation and Parks for reimbursement associated with the 2021 Community Festival; and

3. Authorize the creation of a bank account for the Recreation and Community Services Foundation.

Item No. 15: Award a contract for HVAC Maintenance and Repair Services Recommendation: Award a two-year contract to Control Air Enterprises, LLC for Heating, Ventilation and Air Conditioning (HVAC) maintenance and repair services in the amount of $36,676 annually.

Item No. 16: Receive and File the FY 2022-23 Master Fee Schedule Recommendation: Receive and file the updated FY 2022-23 Master Fee Schedule which incorporates annual cost-of-living adjustments for City and Park District user fees.

Item No. 17: Receive an Update on the North Orange County Public Safety Collaborative and Accept Award of Funds
Recommendation:

1. Receive and Update on the North Orange County Public Safety Collaborative; and

2. Accept $118,000 in Board of State and Community Corrections funds allocated to the City of Cypress through the North Orange County Public Safety Collaborative; and

3. Accept $150,000 in Board and State and Community Corrections funds allocated to the City of Cypress and $150,000 allocated to the City of La Palma through the North Orange County Public Safety Collaborative.

Item No. 18: Approve Register of Warrants, Transfers, and Wires Issued for the Period of May 7, 2022 through June 3, 2022
Recommendation: Approve the attached payment register summarized below for the period of May 7, 2022 through June 3, 2022:
• Electronic Funds Transfers 11046 through 11191
• Warrants 59462 through 59673
• Payroll Transfers W1475 through W1476

END OF CONSENT CALENDAR
Regarding Item No. 6: Accept Organic Recycling Local Assistance Grant Council Member Marquez provided comments on this item.

Discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to accept a CalRecycle Organic Recycling Local Assistance Grant and increase estimated revenues by $69,242 in the City’s General Fund.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None

NEW BUSINESS
Item No. 19: Adopt the Fiscal Year 2022-23 Budget for the City of Cypress and the Cypress Recreation and Park District
The Director of Finance and Administration provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to adopt a Resolution approving the Fiscal Year 2022-23 City Budget and adopt a Resolution approving the Fiscal Year 2022-23 Recreation and Park District Budget.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6893

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 2022 AND FIXING THE LIMITATIONS OF

EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS,

DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH
FUNDS
RESOLUTION NO. 6894

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, 2022 AND FIXING THE LIMITATIONS OF

EXPENDITURES FOR THE FUNDS AND ACTIVITIES CARRIED ON

UNDER SUCH FUNDS
Item No. 20: Adopt the Seven-Year (FY 2022-23 to FY 2028-29) Capital Improvement Program
The Public Works Director provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Minikus, and seconded by Council Member Peat, to determine the Capital Improvement Program is consistent with the General Plan and adopt a Resolution approving the Seven-Year Capital Improvement Program for FY 2022- 23 to FY 2028-29.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6895

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

APPROVING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
OR FISCAL YEARS 2022-23 THROUGH FISCAL YEAR 2028-2029
Item No. 21: Approve a Contract Services Agreement with CASC Engineering and Consulting and a Task Order with LSA and Associates for the Business Parks Modernization and Integration Project
The Planning Director provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to approve a contract services agreement with CASC Engineering and Consulting for the modernization and integration of the City’s Business Park Specific Plans in the amount of $199,916; and approve a task order for LSA Associates for the preparation of an Initial Study and Mitigated Declaration for $60,300; and appropriate $60,300 of Pandemic Recovery Plan set-asides in the General Fund for the Initial Study and Mitigated Negative Declaration.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 22: Approve the Electronic Communication Policy The City Attorney provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to approve the electronic communication policy.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 23: Receive an Update on the Cypress Citizens Academy The City Manager provided a report on this item.

Mayor Pro Tem Hertz-Mallari commented on the item.

No action was taken on this item.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Troy Tanaka, Cypress, spoke regarding transparency and in-fighting.

Glenn Button, Cypress, spoke regarding distinction between personal issues and performance issues.

Edwin Kraemer, Cypress, spoke in opposition to censure of Council Member Marquez and Agenda Item No. 21.

Helen Le, Cypress, spoke regarding electric charging stations, housing development, traffic, homelessness, and Maple Grove Park North restroom.

COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:

No Report.

Council Member Peat:

No Report.

Council Member Marquez:

Spoke regarding the community meeting at Maple Grove Park North. Spoke regarding the Police Department’s catalytic converter etching event. Shared information regarding an internship opportunity with a nonprofit organization. Stated she will be volunteering at the Senior Center. Expressed disappointment regarding the June 10, 2022 Special City Council meeting.

Mayor Pro Tem Hertz-Mallari:

No Report.

Mayor Morales:

Responded to comments by Council Member Marquez regarding the June 10, 2022 Special City Council meeting.

CITY MANAGER REMARKS
The City Manager announced summer giveaways recognizing diversity and inclusivity are available at City Hall and the Community Center.

ADJOURNMENT
By motion of Council Member Peat, and seconded by Council Member Minikus, and unanimously carried 5-0, to adjourn at 10:37 p.m. The next Regular Council Meeting will be held on Monday, June 27, 2022, beginning at 5:30 p.m. in the Executive Board Room. _______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.

FROM: Alicia Velasco, Planning Director
DATE: 07/11/2022
SUBJECT: Approve a Task Order for an Environmental Initial Study/Mitigated Declaration for a Warehouse Development at 5757 Plaza Drive

RECOMMENDATION
Approve a task order with LSA for the preparation of an Environmental Initial Study/Mitigated Negative Declaration for $81,700.

DISCUSSION
GLC Cypress LLC (Goodman Group) has submitted an application for the redevelopment of 5757 Plaza Drive. The proposal consists of two new warehouse buildings totaling 390,000 square feet and 475 parking spaces. The property is located in the McDonnell Center Specific Plan and was originally developed as a warehouse for Mitsubishi. Goodman purchased the property in September 2021 from a commercial real estate investment firm.

There are currently two tenants in the building: Bar Bakers and Trident University. The existing 315,000 square feet is less than 40% leased.

An Initial Study/Mitigated Negative Declaration (IS/MND) is required to analyze the project for any potential environmental impacts and to determine applicable mitigation measures that could be included as conditions of approval. It is anticipated the entitlement applications(s) and the IS/MND will be presented to the City Council in February 2023.

LSA is one of the City’s on-call planning firms and has extensive experience in preparing this type of analysis; therefore, it is recommended LSA prepare the IS/MND. It is the City's practice to manage LSA’s work while the applicant reimburses the City for all costs associated with the IS/MND.

BUDGET IMPACT
The applicant is required to pay for the task order before the City initiates the study.

The applicant is required to pay for the task order before the City initiates the study.

Unexpended amounts remaining at the conclusion of the analysis (if any) are refunded to the applicant. The applicant also pays application fees which offset City costs to administer the task order.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
LSA Task Order
Vicinity Map
LSA is a business business name of LSA Associates, Associates, Inc.

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net June 14, 2022
Alicia Velasco
Planning Director
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Subject: Proposal for Completion of an Environmental Document and Technical Analysis for the Goodman Commerce Center Project
Dear Ms. Velasco:

LSA is pleased to respond to the City of Cypress (City) request for a proposal to prepare an environmental document and associated technical documentation for the Goodman Commerce Center Project (project). The attached proposal is based on LSA’s understanding of the project, the firm’s knowledge of Cypress and local issues, and LSA’s experience in preparing environmental documents that are similar in scope and nature to this project. The work would be completed under LSA’s contract with the City to provide on‐call environmental consulting services.

Deborah Pracilio will act as Principal in Charge and Ryan Bensley will serve as Project Manager for this task order. Mr. Bensley has extensive experience managing the preparation of environmental documents for the City, including recent experience on the Oxford Place, Town Center, City Center, and Amazon Facility Projects, and is currently managing the preparation of an Environmental Impact Report for the Housing Element Implementation Project.

It is LSA’s philosophy to prepare proposals that represent the real work effort that will be required and, with that, a realistic budget. If LSA’s proposal is accepted, upon receipt of a Notice to Proceed, the firm is prepared to move forward with completing the Scope of Work outlined in this proposal as soon as possible in accordance with a project schedule that is agreed upon with the City.

Should you require further information or have any questions regarding the enclosed materials, please do not hesitate to contact me at (949) 553‐0666 or [email protected], or Mr. Bensley at (714) 926‐9283 or [email protected].

Sincerely,
LSA Associates, Inc.

Deborah Pracilio
Principal in Charge
Attachment: Proposal to Prepare an Environmental Document and Technical Studies

P ROPOSAL FOR COMPLETION OF AN

ENVIRONMENTAL DOCUMENT AND T ECHNICAL ANALYSIS
J UNE 2022

GOODMAN COMMERCE CENTER P ROJECT

CYPRESS , C ALIFORNIA
\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22)

PROPOSAL TO PREPARE AN ENVIRONMENTAL DOCUMENT

AND TECHNICAL STUDIES
1 P ROPOSAL FOR COMPLETION OF AN

ENVIRONMENTAL DOCUMENT AND T ECHNICAL ANALYSIS
J UNE 2022

GOODMAN COMMERCE CENTER P ROJECT

CYPRESS , C ALIFORNIA
\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22)

SCOPE OF WORK
Through LSA’s review of the documentation provided by the City of Cypress (City), discussions with the City staff, and a working knowledge of the area, LSA has a professional understanding of the issues that need to be addressed in the California Environmental Quality Act (CEQA) document for the proposed Goodman Commerce Center Project (project). LSA’s experience in the project area and its familiarity with the public interest groups and stakeholders will be valuable assets when analyzing this project.

PROJECT UNDERSTANDING
It is LSA’s understanding that GLC Cypress LLC (Applicant) is proposing to demolish an approximately 298,300‐square‐foot (sf) warehouse/office building on approximately 18.63‐acre site (Assessor’s Parcel Number 241‐101‐26) located at 5757 Plaza Drive (project site), and construct two new two‐ story warehouse/office buildings that would be approximately 204,910 sf (Building 1) and 185,360 sf (Building 2) in size. Each building would contain a total of approximately 10,000 sf of office space split evenly between the first and second floor, with the remaining space consisting of warehouse uses. A total of approximately 475 automobile parking spaces would be provided throughout the project site, largely along the perimeter. Access to the project site would be provided by four driveways on Plaza Drive and a new right‐turn‐in/out driveway on Valley View Street, which would primarily be used for inbound truck access. The project site is located within the McDonnell Center Amended Specific Plan, which was adopted in October 1994. Although the project would require approval of a parcel map and site plan review, no amendment to the McDonnell Center Amended Specific Plan would be required.

As required under CEQA, specifically Public Resources Code 21080.3.1 and Chapter 532, Statutes of 2014 (i.e., Assembly Bill [AB] 52), Native American consultation is required for any CEQA project that has a Notice of Preparation (NOP), a Notice of Negative Declaration (ND), or a Mitigated Negative Declaration (MND) filed on or after July 1, 2015. Therefore, LSA has included assistance with Native American consultation under Task 2.4.

PROJECT APPROACH
Based on LSA’s understanding of the project and project vicinity, it is anticipated that preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) with supporting technical work will be adequate to satisfy the requirements of CEQA. The following is an outline of the proposed work program tasks. Tasks 1.0 through 4.0, described in detail below, outline LSA’s Scope of Services for the project.

INFORMATION REQUIRED
LSA requires the following from the Applicant to prepare the environmental document:
 The Site Plan and any related statistical summary of the project (gross square footage and acreage), vehicle and pedestrian access locations, landscape areas, and “green” building 2 P ROPOSAL FOR COMPLETION OF AN

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 A description of any off‐site improvements required as part of the project.  Construction information, including length of construction and phasing, average number of daily workers, anticipated construction equipment, and staging area, if known.  Preliminary grading plans that include the depth of excavation for various project design elements (i.e., utility trenching) and whether import or export of soils will be required.  Proposed operational characteristics (e.g., hours of operation, number of trucks or vehicles visiting the site each day, and number of employees).
 A photometric lighting study, if applicable.
 Conceptual infrastructure improvement plans (e.g., water, sewer, storm drain, and electricity connections).
 A Hydrology Report that includes the necessary information for completion of the CEQA Checklist Hydrology and Water Quality section. The Hydrology Report should include calculations of the existing and proposed impervious/pervious surface areas and change in runoff volumes and peak flow using appropriate Hydrology Manual guidelines, as necessary. The Hydrology Report will identify storm drain and detention facilities necessary to mitigate changes in runoff resulting from the project. It will also confirm that the downstream storm drain lines have adequate capacity to accommodate any increased flows.  A Water Quality Management Plan (WQMP) that includes the necessary information for completion of the CEQA Checklist for water quality. The WQMP will include the disturbed soil area, any change in impervious/pervious surface areas, the receiving water bodies, pollutants of concern, 303(d) listings, and existing and proposed total maximum daily loads for receiving waters. The WQMP must also identify and recommend applicable site design, source control, and treatment control Best Management Practices (BMPs), including Low Impact Development features, for incorporation in the project to minimize impacts and satisfy water quality requirements.
 A Geotechnical Report, prepared in accordance with applicable State requirements, that addresses all CEQA‐related topics, including those outlined in California Geological Survey Note

46.  A Phase I Environmental Site Assessment (ESA) and any other applicable hazardous materials studies prepared for the project site.
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SCOPE OF SERVICES
The following Scope of Services describes LSA’s work program for the preparation of the environmental document and related technical analyses.

Task 1.0: Project Initiation and Project Description
LSA will prepare a thorough Project Description for use in the preparation of technical studies (as well as for use in the IS/MND) that will be based on information provided by the Applicant. LSA will coordinate with City staff and the Applicant’s representatives and will attend a project kick‐off meeting to refine and finalize the Project Description and to develop a mutual understanding of the Scope of Work, the planned project approach, and the issues to be addressed in the technical studies. The overall schedule and budget are based on the assumption that the City and the Applicant will agree on the Project Description during the project initiation phase and that substantive changes to it will not be made later in the process. Any changes to the project description made after this agreement have the potential to impact the project’s budget and schedule. LSA will apprise the City of any out‐of‐scope work and prepare an augment as necessary.

To ensure the orderly flow of project efforts, a project kick‐off meeting will be undertaken at the outset of the work effort. The project kick‐off meeting is incorporated into the budget for Task 4.0, Project Management and Meeting Attendance. The meeting will be held with City staff and the Applicant’s representatives to accomplish the following:
 Establish a mutual understanding of the project’s objectives, explore community concerns regarding the project, and discuss the City’s expectations for LSA’s work effort.  Obtain relevant plans, reports, ordinances, and studies applicable to the project.  Obtain relevant Project Description information, including, but not limited to, preliminary site plans, elevations, construction and operational details, design specifications, drawings, maps, and any potential off‐site improvements.
 Identify City departments, governmental agencies, and business, environmental, and service organizations that have input vital to the successful completion of the IS/MND.  Refine the Scope of Work to be performed to satisfy CEQA requirements.  Define communication protocols for requesting information from City staff and the Applicant’s team.
 Refine the project schedule, establish protocols for product review with City staff and the Applicant, and define project milestones and decision points.  Discuss significance thresholds for use in analyzing potential impacts.

LSA will work with the City to determine the significance criteria based on current community or industry standards, including, but not limited to, the State CEQA Guidelines, local guidelines, State 4 P ROPOSAL FOR COMPLETION OF AN

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Task 2.0: Technical Analyses
All of the technical scopes below assume one round of review by the City. All deliverables will be provided as electronic Portable Document Format (PDF) files. It is assumed that additional technical studies required in support of the IS/MND will be provided by the Applicant, as identified above.

Task 2.1: Air Quality Analysis
LSA will prepare an air quality analysis for the project in response to the Initial Study checklist questions. The air quality analysis will include the following components: (1) an assessment of baseline air quality in the area based on data from the South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB); (2) a quantitative assessment of project construction and operational impacts using the California Emissions Estimator Model (CalEEMod) and based on SCAQMD thresholds of significance; (3) a localized significance threshold (LST) analysis to evaluate the potential impacts on nearby sensitive receptors from emissions from both short‐ term construction activities and long‐term on‐site operations; (4) an assessment of potential odor impacts; and (5) if necessary, a recommendation of mitigation measures consistent with SCAQMD guidelines. The CalEEMod output files will be included as a technical appendix to the IS/MND.

Task 2.2: Energy Analysis
LSA will evaluate the project’s impacts related to energy use in response to the Initial Study checklist questions. This discussion will address the project’s compliance with applicable energy efficiency standards and will cross‐reference the discussion provided in the greenhouse gas (GHG) emissions discussion as necessary. Energy data estimated using CalEEMod will be reported.

Task 2.3: Greenhouse Gas Emissions Analysis
LSA will evaluate the project’s impacts on global climate change and GHG emissions in response to the Initial Study checklist questions. LSA will provide a quantitative assessment of GHG emissions associated with all relevant sources related to the project for which project data are available, including construction activities, using CalEEMod and based on the SCAQMD’s interim numeric thresholds of significance. LSA will also provide a qualitative assessment of the project’s consistency with relevant plans and regulations adopted for the purpose of reducing GHG emissions.

Task 2.4: Assembly Bill 52 Consultation
Per AB 52, Native American consultation is required for any CEQA project that has an NOP, an ND, or an MND filed on or after July 1, 2015. The Lead Agency must notify any Native American tribes that have requested to be notified regarding projects within 14 days of either determining that a project application is complete or deciding to undertake a project (i.e., prior to the release of the environmental document). While this is a government‐to‐government process between the City and any Native American Tribes that request consultation per AB 52 or as identified by the Native American Heritage Commission (NAHC), LSA is available to assist the City with AB 52 consultation. 5 P ROPOSAL FOR COMPLETION OF AN

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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) Tasks performed by LSA for AB 52 consultation assistance could include the following: (1) contacting the NAHC on behalf of the City for a search of the Sacred Lands File and a list of tribal contacts; (2) drafting letters to tribal contacts for the City to place on City letterhead and sign; (3) mailing the letters via Certified Mail; and (4) compiling a PDF file of consultation records (based on information provided by the City) for inclusion as an attachment to the IS/MND.

Time for LSA to conduct follow‐up phone calls/emails to tribal contacts and meetings with tribal stakeholders is not included. This budget includes printings and postage for up 20 letters and up to 8 hours of consultation assistance from an LSA tribal consultation specialist.

Task 2.5: Noise Analysis
LSA will review the City’s Municipal Code and General Plan to identify applicable noise regulations related to mobile and stationary noise sources.

LSA will then conduct up to four long‐term noise measurements and two short‐term noise measurements at the boundaries of the project site as well as at the surrounding uses. The long‐ term measurements will be taken for a period of 24 hours to help identify the existing noise levels, including specifically the nighttime ambient noise levels during which noise impacts are perceived to be the loudest and the noise impacts from adjacent uses.

Noise and vibration impacts from construction sources will be analyzed based on information from the Roadway Construction Noise Model (RCNM) and the 2018 Transit Noise and Vibration Impact Assessment by the Federal Transit Administration (FTA). The construction noise impact will be evaluated in terms of maximum instantaneous noise levels (Lmax), hourly equivalent continuous sound levels (Leq), and the frequency of occurrence at adjacent sensitive receptor locations. Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site and the City’s Noise Control Ordinance specifications. Where applicable, FTA construction noise and vibration criteria will be utilized to determine significance.

Vibration impacts from construction sources, including pile driving (if applicable), will be analyzed based on the equipment expected to be used. The FTA‐recommended equipment vibration levels will be used for the construction equipment. The construction vibration impact will be evaluated in terms of the peak particle velocity (PPV, measured in inches/second) and vibration velocity decibels (VdB) for building damage and human annoyance, respectively. Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site and the City’s requirements.

To determine the on‐site noise environment, LSA will review and evaluate the most recent site plans in order to determine noise impacts from surrounding roadways and other uses. Traffic noise impacts will be evaluated pursuant to the 24‐hour averaged/weighted Community Noise Equivalent Level (CNEL). Model input data needed include average daily or peak‐hour traffic volumes, vehicle speeds, ground attenuation factors, and roadway widths. Traffic parameters necessary for the model input will be obtained from the traffic volumes included in the level of service (LOS) analysis provided by the Applicant, the City’s Circulation Element, and the vehicle mix observed in the vicinity of the project site. In addition to traffic noise impacts, off‐site operational impacts will be 6 P ROPOSAL FOR COMPLETION OF AN

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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) analyzed based on reference information and noise measurements gathered during a field visit to the project site.

The City’s noise criteria for outdoor living areas, where appropriate, will be assessed as well as the State/City’s interior noise standard. Potential noise impacts that are expected to exceed the exterior noise level standards established by the City will be identified, and, where necessary, mitigation such as noise barriers will be recommended. In addition to the exterior noise level standards, the City provides interior noise level standards for noise‐sensitive uses within the project. Standard recommended building exterior‐to‐interior noise attenuation will be used in the screening process to determine whether site‐specific noise mitigation measures are required. Building façade enhancements (e.g., exterior walls, and windows and doors with sound transmission class [STC] ratings higher than standard building practices) will be identified to meet the interior noise standard, if required. Sound attenuation mechanisms for roofs and other openings will be identified where necessary.

In order to determine the off‐site noise impacts associated with traffic generated from the project, the Federal Highway Administration Highway Traffic Noise Prediction Model (FHWA RD‐77‐108) will be utilized. Traffic noise impacts will be evaluated pursuant to the 24‐hour averaged/weighted CNEL. Model input data needed include average daily or peak‐hour traffic volumes, vehicle speeds, ground attenuation factors, and roadway widths. Traffic parameters necessary for the model input will be obtained from the traffic volumes included in the LOS analysis provided by the Applicant and the City’s Circulation Element. The results of the analysis will show the noise level increase on all segments presented in the LOS analysis while specifically identifying segments that will experience a 3 A‐weighted decibel (dBA) CNEL or more increase in traffic noise and that will exceed the City’s exterior noise level standard. The 3 dBA CNEL is not specifically a threshold within the City’s noise criteria, but an increase of that magnitude is considered a perceptible increase. Should segments be identified that meet this criteria, existing abatement will then be considered to help identify whether or not a potential significant impact may occur.

Potential noise impacts that are expected to exceed the exterior noise level standards established by the City will be identified for off‐site sensitive uses and, where necessary, mitigation will be recommended that may include, but not be limited to, noise barriers, equipment enclosures, and restrictions on hours of operation. Should impacts associated with construction activities occur, best business practices recommended during construction and/or additional mitigation measures will be provided.

Task 2.6: VMT Analysis
A standalone vehicle miles traveled (VMT) analysis will be conducted to evaluate the CEQA transportation impacts for the proposed project. LSA will review the potential screening opportunities prior to a detailed VMT analysis (e.g., the net trip generation of the proposed and existing uses, and whether the trips are below the 110 average daily traffic threshold).

In the event a detailed VMT analysis is required, the Orange County Transportation Analysis Model (OCTAM) will be used to estimate the VMT (per employee) for the project and the region. LSA will review the OCTAM future (2045) scenario to evaluate whether it is consistent with the existing uses 7 P ROPOSAL FOR COMPLETION OF AN

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The County of Orange will be used as the “regional average” to compare the change in VMT (per employee) and determine if the project creates a significant transportation impact. The “with project” VMT (per employee) will be compared with the corresponding OCTAM base year (2016) VMT (per employee) to identify direct project impacts, and with the OCTAM future year (2045) “no project” scenario VMT per employee to identify any potential cumulative impacts.

In addition to the VMT analysis, LSA will incorporate the relevant findings from the LOS analysis to be prepared by Urban Crossroads. In particular, LSA will incorporate the findings of the site plan and access analysis.

Task 3.0: Preparation of the Initial Study/Mitigated Negative Declaration Task 3.1: Screencheck IS/MND
LSA will prepare a Screencheck Draft IS/MND and submit the document to the City and the Applicant for review. The technical analyses identified in Task 2.0 and technical information provided in the information requested will be incorporated into the environmental document. If, based on the technical analyses, the project may result in an impact that cannot be reduced to a less than significant level, LSA will immediately apprise the City and the Applicant of the issue and work proactively with the City staff and the Applicant to identify the following: (1) additional measures, project changes, or design features that may reduce the potential impact to a less than significant level; or (2) the most expedient method of providing appropriate environmental clearance under CEQA.

For the purposes of this scope and budget, LSA will respond to two rounds of comments from the City and the Applicant. This scope and budget assume one set of nonconflicting, consolidated comments per round.

Task 3.2: Draft IS/MND and Public Circulation
Once the Draft IS/MND is approved for public review, LSA will distribute up to 10 hard copies of the document and 10 electronic copies of the document (on CD or USB flash drive) to a distribution list for the project that is developed by LSA with City staff’s input, review, and approval, and to the City for public inspection and the City’s files. This distribution list will include responsible and trustee agencies and interested individuals and organizations. The distribution list does not include preparation of a “radius distribution list” for private addresses (i.e., neighbors). If such a list is desired, it can be prepared and provided at an additional cost. LSA will also submit electronic copies of the document to the State Clearinghouse CEQA Portal for distribution to State agencies because the City would have already provided authorization for LSA to submit documents to the CEQA Portal on its behalf. As of November 2, 2020, the State Clearinghouse no longer expects any form of hard copy submissions for CEQA documents.

LSA will prepare a Notice of Intent (NOI) pursuant to Section 15072(a) of the State CEQA Guidelines regarding the availability of a Draft IS/MND for public review and distribute the NOI to the City’s 8 P ROPOSAL FOR COMPLETION OF AN

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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) mailing list of responsible and interested agencies. LSA will also prepare and file a Notice of Completion (NOC) with the State Clearinghouse along with the NOI and Draft IS/MND on behalf of the City. The City will be responsible for publication of the public notice in a general‐circulation newspaper and make the NOI, Draft IS/MND, and NOC available for public review on the City’s website. LSA will file the NOI with the County Clerk‐Recorder to begin the required public review period. The City will be responsible for providing checks for all necessary filing fees required by the County Clerk‐Recorder.

Task 3.3: Final IS/MND
LSA will prepare written responses to comments received on the Draft IS/MND that raise substantive environmental issues and then submit the responses for review to the City staff after the close of the public comment period. LSA will confer with the City staff to review written comments and comments from any public meetings in order to develop a general framework and strategy for the preparation of responses. LSA specifies 26 professional staff hours for the preparation of responses to comments. If a large number of comments are received or comments require additional technical analysis, a budget augment may be warranted.

Any revisions to the IS/MND will be summarized in a memorandum. Responses to comments and associated changes to pages of the IS/MND will be submitted to the City for one round of review.

LSA’s Scope of Work and budget assumes one set of nonconflicting, consolidated comments.

Prior to the City Council hearing on the project and the IS/MND, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to assist the City in implementing the mitigation measures contained in the IS/MND. The MMRP will outline the procedures for monitoring and complying with each mitigation measure, identify the agency/position responsible for the monitoring and reporting, and identify the timing for implementation. The MMRP will be included in the Final IS/MND certification documents.

Following the City’s approval of the IS/MND, LSA will prepare and file a Notice of Determination (NOD) with the County Clerk‐Recorder, which is anticipated to occur after the City Council approves the project. The City shall provide a check for all necessary filing fees to be submitted to the County Clerk‐Recorder with the NOD. Once the NOD is filed with the County Clerk‐Recorder, LSA will provide the original fee receipt and a copy of the filed NOD to the City for its records. LSA will also submit a copy of the filed NOD to the State Clearinghouse on behalf of the City. The City shall be responsible for making the NOD available on the City’s website. If applicable, the City will submit a request for a No Effect Determination (NED) to the California Department of Fish and Wildlife (CDFW) at the opening of the public review period to allow sufficient time for CDFW staff review.

Task 4.0: Project Management and Meeting Attendance
This task represents an active project management role to supervise the project schedule and budget. The project management role provides a mechanism to ensure there is an adequate exchange of information during project startup and preparation of the IS/MND. This task includes notifying the City of any issues as they are encountered and working expeditiously to resolve them.

To facilitate the dissemination of information, LSA’s Project Manager will maintain ongoing verbal and email communication with the City staff.
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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) LSA anticipates attendance by the Principal in Charge and the Project Manager at one project team kickoff meeting, six progress meetings/conference calls prior to completion of the Final IS/MND, and two City Council meetings. Table A lists the anticipated meetings. Attendance at meetings over the maximum number identified or attendance of additional technical specialists at community meetings/public hearings will be on a time‐and‐materials basis with the City’s written approval, consistent with the current fee schedule included in LSA’s Master Contract for On‐Call Services for the City.

Table A: Estimated Meetings
Meeting Type Quantity
Project Kickoff Meeting (2 hours) 1
Project Status Meetings (1 hour each) 6
City Council Meetings (3 hours each) 2
Total 9

PROJECT SCHEDULE
LSA proposes to accomplish Tasks 1.0 through 4.0, as described in the Scope of Work, within a 6.5‐ month period, including the consultation with Native Americans. The schedule reflects a best effort to complete the project in a timely manner while at the same time providing the time and attention necessary to ensure the highest quality analysis and products. Table B shows the proposed schedule.

PROPOSAL FEE ESTIMATE
LSA proposes to accomplish Tasks 1.0 through 4.0, as described in the Scope of Work, for an estimated fee of $81,700, as shown in Table C. LSA charges fees on an hourly basis, consistent with its Master Contract for On‐Call Services for the City.

Direct costs (including costs for outside vendors used for photocopying) are to be reimbursed at cost, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Direct costs can be invoiced separately at your request. 10 P ROPOSAL FOR COMPLETION OF AN

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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) Table B: Proposed Project IS/MND Schedule
Task Duration
Notice to Proceed 1 day
Kickoff Meeting and Project Description (some tasks overlap) Project Initiation: Gather Relevant Reports and Data Ongoing Project Kickoff Meeting 1 day
Draft Project Description 1 week
City Review/LSA Revisions to Project Description 1 week Total 2 weeks
Technical Analysis (some tasks overlap; preparation concurrent with IS/MND) Air Quality Analysis 3 weeks
Energy Analysis 3 weeks
GHG Emissions Analysis 3 weeks
Native American Consultation (AB 52) Unknown
(30‐day response period)1
Noise Analysis 4 weeks
VMT Analysis 4 weeks
Total 6 weeks
Screencheck IS/MND (some tasks overlap with Technical Analysis) Preparation of Screencheck IS/MND 8 weeks
Applicant/City Review 2 weeks
Preparation of Proofcheck IS/MND 1 week
Applicant/City Review 1 week
Preparation of Printcheck IS/MND 1 week
Applicant/City Review 2 days
Publishing of Draft IS/MND and NOI 1 day
Public Circulation of Draft IS/MND and Submittal to State Clearinghouse with NOC 30 days
Total 4.5 months
Final IS/MND (several tasks overlap)
Preparation of Final IS/MND, Draft Responses to Comments, and MMRP 2 weeks Applicant/City Review 2 weeks
Revisions to and Finalization of Final IS/MND, Draft Responses to Comments, and MMRP 1 week
City Council Public Hearing 1 day
File NOD with County Clerk and State Clearinghouse 1 day (within 5 business days of project approval)
Total 1.5 months
Complete IS/MND Schedule 6.5 months 1
It is not possible to accurately predict when the Native American consultation process will conclude during the project’s environmental review.

AB = Assembly Bill
GHG = greenhouse gas
IS/MND = Initial Study/Mitigated Negative Declaration
MMRP = Mitigation Monitoring and Reporting Program
NOC = Notice of Completion
NOD = Notice of Determination
NOI = Notice of Intent
VMT = vehicles miles traveled
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\\lsaazfiles.file.core.windows.net\LSA\PROPOSAL\CCP2202.P Goodman Commerce Center\LSA Proposal_Goodman Commerce Center.docx (06/14/22) Table C: LSA Fee Estimate
Task Estimate
Task 1.0: Project Initiation and Project Description   $5,400 Task 1.0: Project Initiation and Project Description Subtotal $5,400 Task 2.0: Technical Analyses
Task 2.1: Air Quality Analysis $4,000
Task 2.2: Energy Analysis $2,000
Task 2.3: GHG Emissions Analysis $2,800
Task 2.4: AB 52 Consultation $2,200
Task 2.5: Noise Analysis $7,600
Task 2.6: VMT Analysis $8,000
Task 2.0: Technical Analyses Subtotal $26,600
Task 3.0: Preparation of the IS/MND
Task 3.1: Screencheck IS/MND $19,600
Task 3.2: Draft IS/MND and Public Circulation $9,700
Task 3.3: Final IS/MND $8,200
Task 3.0: Preparation of the IS/MND Subtotal $37,500
Task 4.0: Project Management and Meeting Attendance   $9,700 Task 4.0: Project Management and Meeting Attendance Subtotal $9,700 Reimbursable Expenses $2,500
Total   $81,700
AB = Assembly Bill
GHG = greenhouse gas
IS/MND = Initial Study/Mitigated Negative Declaration
VMT = vehicle miles traveled
Goodman Project
Vicinity Map

PROJECT SITE
5757 Plaza Drive
N
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.

FROM: Douglas Dancs, Director of Public Works
DATE: 07/11/2022
SUBJECT: Approve the Purchase of One Replacement Police Vehicle

RECOMMENDATION

2. Authorize a $30,723 appropriation increase in the City's Capital Replacement Fund for the replacement police vehicle; and

3. Authorize a transfer of $20,584 from the General Liability Fund to the City's Capital Replacement Fund for insurance proceeds received to pay for the vehicle replacement.

DISCUSSION
In November 2021, a Chevrolet Impala police vehicle was involved in a traffic collision and considered a total loss by the City’s insurance provider. Insurance proceeds of $20,584 were received as reimbursement for the loss.

Public Works has arranged for the purchase of a Chevrolet Malibu replacement vehicle from Wondries Fleet Group via the National Auto Fleet Group through the Sourcewell cooperative purchasing program. Municipal Code Section 21A-10(e) allows the use of cooperative purchasing programs as a more efficient and cost-effective method of procurement by receiving volume type pricing. Such cooperative agreements provide the same terms and prices offered to other government agencies through a competitive bid process.

The purchase price of the base vehicle and all necessary upfitting totals $30,723 and will be incorporated into the purchase from Wondries. The vehicle should arrive within 180 days of initiating the purchase.

BUDGET IMPACT
The total cost to purchase and upfit the replacement vehicle is $30,723. The City received The total cost to purchase and upfit the replacement vehicle is $30,723. The City received insurance proceeds of $20,584 and the remaining $10,139 is available in the City's Capital Replacement Fund for the replacement of the totaled vehicle.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Vehicle Cost Estimate With Upfit Bids
Cost Summary

From: John Patino
To: Kirk Streets
Subject: Re: Up Fit 2023 Chevy Malibu
Date: Thursday, June 9, 2022 7:54:09 AM
Kirk,
Sorry for the late reply. I do not push the SoundOff equipment so we will not be bidding on this vehicle. Please keep us in mind for future bids. Thanks.

John Patino (JP)
President
590 S. Vincent Ave.

Azusa, CA 91702
Mobile (626) 862-6500
Office (626) 334-6300
Fax (626) 334-6301
Email [email protected]
Website www.blackandwhiteev.com
Black & White Emergency Vehicles,LLC

A PROFESSIONAL EMERGENCY VEHICLE OUTFITTER
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From: Kirk Streets <[email protected]>
Sent: Thursday, June 9, 2022 7:44 AM
To: John Patino <[email protected]>
Subject: FW: Up Fit 2023 Chevy Malibu
Hi J.P.,
Checking in from our conversation earlier this week. Any chance you can reply back on the bid sheet that you are unable to bid at this time and that you would like to be included in future requests?
Thank you,
Kirk Streets
Maintenance Superintendent
City of Cypress – Corporation Yard
5285 Cypress Street
Cypress, CA 90630
Office (714) 229-6760
[email protected]
From: Kirk Streets
Sent: Monday, June 6, 2022 4:17 PM
To: '[email protected]' <[email protected]>
Subject: Up Fit 2023 Chevy Malibu
J.P.,
We would appreciate a bid from you to upfit a 2023 Chevy Malibu. Please submit by Friday, June 10th at 10:00 a.m. using the attached bid sheet. Let me know if you have any questions.

If you are the lowest bidder, you will need to obtain a City of Cypress Business License which runs about $73.

Thank you,
Kirk Streets
Maintenance Superintendent
City of Cypress – Corporation Yard
5285 Cypress Street
Cypress, CA 90630
Office (714) 229-6760
[email protected]
From: Kirk Streets
To: Kirk Streets
Subject: FW: Up Fit 2023 Chevy Malibu
Date: Monday, June 13, 2022 8:45:22 AM
Attachments: Bid Sheet 10-8 Retrofit_Upfitting Unit 650.docx No bid received from Day Wireless.

Thank you,
Kirk Streets
Maintenance Superintendent
City of Cypress – Corporation Yard
5285 Cypress Street
Cypress, CA 90630
Office (714) 229-6760
[email protected]
From: Kirk Streets
Sent: Monday, June 6, 2022 4:12 PM
To: '[email protected]' <[email protected]>
Subject: Up Fit 2023 Chevy Malibu
Hi Roger,
I spoke to someone at your office and they gave me your email address.

We would appreciate a bid from you to upfit a 2023 Chevy Malibu. Please submit by Friday, June 10th at 10:00 a.m. using the attached bid sheet. Let me know if you have any questions.

Thank you,
Kirk Streets
Maintenance Superintendent
City of Cypress – Corporation Yard
5285 Cypress Street
Cypress, CA 90630
Office (714) 229-6760
[email protected]
Cost Breakdown Summary
Replacement Cost - Wondries Fleet Group Cost
Replacement Vehicle $22,875
Upfit $5,398
Taxes and Transportation $2,450
Total $30,723
Insurance Reimbursement
Vehicle & Upfit $20,584
Total $20,584
Remaining Cost
Vehicle & Upfit $10,139
TOTAL REPLACEMENT COST TO CITY $10,139
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 07/11/2022
SUBJECT: Approve Register of Warrants, Transfers, and Wires Issued for the Period of June 18, 2022 through July 1, 2022

RECOMMENDATION
Approve the attached payment register summarized below for the period of June 18, 2022 through July 1, 2022:

Electronic Funds Transfers 11201 through 11379
Warrants 59798 through 59902
Payroll Transfers W1478

DISCUSSION
Payments to vendors for goods and services received and/or rendered are initiated and approved by the requesting department in accordance with proper purchasing guidelines.

Processing of these payments occurs centrally in the City's Finance Department with payments issued bi-weekly. A register listing of these payments is then presented to the City Council for approval. This register also includes any Electronic Funds Transfers (EFT), outgoing payroll transfers or wires issued since the previous register was presented to the City Council. Voided Payments (if any) are also included at the end of the register.

All payments are processed on the City's financial management software system. This system generates a payment batch register, sorted by warrant number (or EFT/Wire number), and presents the invoice amount and a description of the payment issued.

BUDGET IMPACT
Total warrants, transfers, and wires issued (net of any voided payments) during the period of June 18, 2022 through July 1, 2022 are $3,149,316.68.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Payment Register for the Period 06-18-2022 through 07-01-2022 EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount 11201 1178 - UNION BANK 50.00 $
Reg/2022 Women's Virtual Conf/SM & SG & LH & AC & AT 5/25-5/29 0547 6/7/22 50.00 $ 11202 1178 - UNION BANK 103.77 $
Supplies/Art League Show 4/21 0547(A) 6/7/22 103.77 $
11203 1178 - UNION BANK 54.70 $
Supplies/Summer Recreation Staff 4/25 0547(B) 6/7/22 54.70 $ 11204 1178 - UNION BANK 14.00 $
Supplies/Teens/Youth Action Committee Banquet 4/29 0547(C) 6/7/22 14.00 $ 11205 1178 - UNION BANK 35.96 $
Food/Teens/Youth Action Committee Banquet 5/6 0547(D) 6/7/22 35.96 $ 11206 1178 - UNION BANK 80.03 $
PD Cleaning Supplies/Fitness Center 4/12 0597 6/7/22 80.03 $ 11207 1178 - UNION BANK 5.90 $
PD Cleaning Supplies/Fitness Center 4/19 0597(A) 6/7/22 5.90 $ 11208 1178 - UNION BANK 638.40 $
Senior Meals(160) 4/19 1313 6/7/22 638.40 $
11209 1178 - UNION BANK 2.14 $
Movie Rental(1)/Sr Center 4/20 1313(A) 6/7/22 2.14 $
11210 1178 - UNION BANK 2.14 $
Movie Rental(1)/Sr Center 4/27 1313(B) 6/7/22 2.14 $
11211 1178 - UNION BANK 14.00 $
Memory Card(1)/Sr Center 5/3 1313(C) 6/7/22 14.00 $
11212 1178 - UNION BANK 202.57 $
Art Hanging Gallery System(1)/Sr Center 5/5 1313(D) 6/7/22 202.57 $ 11213 1178 - UNION BANK 2.19 $
Movie Rental(1)/Sr Center 5/4 1313(E) 6/7/22 2.19 $
11214 1178 - UNION BANK 37.45 $
Supplies/Sr Center 5/10 1313(F) 6/7/22 37.45 $
11215 1178 - UNION BANK 26.94 $
Supplies/Sr Center 5/9 1313(G) 6/7/22 26.94 $
11216 1178 - UNION BANK 13.46 $
Erroneous Charge/Credited 5/19 1313(H) 6/7/22 13.46 $
11217 1178 - UNION BANK 15.25 $
PD Fuel/Unit #661 4/19 1586 6/7/22 15.25 $
11218 1178 - UNION BANK 44.30 $
PD Fuel/Unit #604 4/19 1586(A) 6/7/22 44.30 $
11219 1178 - UNION BANK 18.09 $
PD Bumper(1)/Handheld Laser #5 4/25 1586(B) 6/7/22 18.09 $ 11220 1178 - UNION BANK 18.09 $
PD Bumper(1)/Handheld Laser #1 5/3 1586(C) 6/7/22 18.09 $ 11221 1178 - UNION BANK 139.18 $
PD Dog Food(1 Bag)/Canine Supplements(1 Bag)/Bono 4/30 2173 6/7/22 139.18 $ City of Cypress
Payment Register
06/18/22-07/01/22

Page 1 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11222 1178 - UNION BANK 15.02 $
Display Cable(1)/IT 4/11 2886 6/7/22 15.02 $
11223 1178 - UNION BANK 56.64 $
Display Cable Adapters(4)/IT 4/15 2886(A) 6/7/22 56.64 $ 11224 1178 - UNION BANK 207.53 $
Hard Drive(1)/PD MAV 4/15 2886(B) 6/7/22 207.53 $
11225 1178 - UNION BANK 17.27 $
Power Cord(1)/IT 4/19 2886(C) 6/7/22 17.27 $
11226 1178 - UNION BANK 30.04 $
Display Cables(2)/IT 4/26 2886(D) 6/7/22 30.04 $
11227 1178 - UNION BANK 96.90 $
Display Cable Adapters(5)/IT 4/26 2886(E) 6/7/22 96.90 $ 11228 1178 - UNION BANK 62.39 $
Lunch Meeting(4)/AS & MB & SL & Network Admin Candidate 4/27 2886(F) 6/7/22 62.39 $ 11229 1178 - UNION BANK 37.70 $
PC Mount(1)/PD 5/2 2886(G) 6/7/22 37.70 $
11230 1178 - UNION BANK 76.59 $
Lunch Meeting(4)/AS & MB & SL & Network Admin Candidate 4/28 2886(H) 6/7/22 76.59 $ 11231 1178 - UNION BANK 74.35 $
Meal/So Cal Assoc of Governments Conference/SM 5/5 3484 6/7/22 74.35 $ 11232 1178 - UNION BANK 41.20 $
Parking/So Cal Assoc of Governments Conference/SM 5/6 3484(A) 6/7/22 41.20 $ 11233 1178 - UNION BANK 24.71 $
W/C Note Pads(24) 4/14 3874 6/7/22 24.71 $
11234 1178 - UNION BANK 8.70 $
W/C Sub/Business Analytics/Reporting Software 4/7-5/6 3874(A) 6/7/22 8.70 $ 11235 1178 - UNION BANK 149.00 $
W/C Reg/Sovereign Citizen Extremists/JC 10/13 3874(B) 6/7/22 149.00 $ 11236 1178 - UNION BANK 149.00 $
W/C Reg/Outlaw Motorcycle Gangs/CF 10/12 3874(C) 6/7/22 149.00 $ 11237 1178 - UNION BANK 17.92 $
W/C Data Storage/Amazon Cloud 4/22 3874(D) 6/7/22 17.92 $ 11238 1178 - UNION BANK 149.00 $
W/C Reg/Courtroom Testimony/JC 9/16 3874(E) 6/7/22 149.00 $ 11239 1178 - UNION BANK 50.00 $
PD Fuel/Unit #664 4/22 4268 6/7/22 50.00 $
11240 1178 - UNION BANK 71.91 $
PD Dog Food(1 Bag)/Kubo 5/8 4268(A) 6/7/22 71.91 $
11241 1178 - UNION BANK 90.00 $
Reg/City Engineers Assoc of OC Meeting/DD & NM 5/2 4519 6/7/22 90.00 $ 11242 1178 - UNION BANK 25.00 $
Reg/Getting Your Federal Aid Started/AB 4/19-4/20 4519(A) 6/7/22 25.00 $

Page 2 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11243 1178 - UNION BANK 180.00 $
License/Civil Engineer/NM 7/1/22-6/30/24 4519(B) 6/7/22 180.00 $ 11244 1178 - UNION BANK 49.54 $
Frame(1)/American Public Works Assoc Poster 5/5 4519(C) 6/7/22 49.54 $ 11245 1178 - UNION BANK 542.64 $
Senior Meals(136) 4/12 4522 6/7/22 542.64 $
11246 1178 - UNION BANK 606.48 $
Senior Meals(152) 4/26 4522(A) 6/7/22 606.48 $
11247 1178 - UNION BANK 985.47 $
Imprinted Sunglasses(500)/Misc Summer Concert Giveaways 5/5 4522(B) 6/7/22 985.47 $ 11248 1178 - UNION BANK 542.64 $
Senior Meals(136) 5/3 4522(C) 6/7/22 542.64 $
11249 1178 - UNION BANK 606.48 $
Senior Meals(152) 5/10 4522(D) 6/7/22 606.48 $
11250 1178 - UNION BANK 35.88 $
Food/Playground/Kids Night Out 4/15 4729 6/7/22 35.88 $ 11251 1178 - UNION BANK 5.98 $
Food/Playground/Kids Night Out 4/15 4729(A) 6/7/22 5.98 $ 11252 1178 - UNION BANK 495.65 $
Shirts(45)/Teens/Counselors In Training 3/10 4729(B) 6/7/22 495.65 $ 11253 1178 - UNION BANK 90.00 $
Reg/Summer Staff Training(6) 5/7 4729(C) 6/7/22 90.00 $ 11254 1178 - UNION BANK 379.28 $
Food/Youth Action Committee Banquet 5/7 4729(D) 6/7/22 379.28 $ 11255 1178 - UNION BANK 31.68 $
Lunch Meeting(2)/PG & AV 4/14 5395 6/7/22 31.68 $
11256 1178 - UNION BANK 36.78 $
Lunch Meeting(2)/PG & BS 4/18 5395(A) 6/7/22 36.78 $
11257 1178 - UNION BANK 40.37 $
Lunch Meeting(2)/PG & Resident 4/21 5395(B) 6/7/22 40.37 $ 11258 1178 - UNION BANK 168.80 $
Meals(8)/Team Meeting/Executive Directors & Fire Chief 4/26 5395(C) 6/7/22 168.80 $ 11259 1178 - UNION BANK 46.14 $
Lunch Meeting(2)/PG & AV 4/28 5395(D) 6/7/22 46.14 $
11260 1178 - UNION BANK 15.56 $
Book(1)/Leadership 5/5 5395(E) 6/7/22 15.56 $
11261 1178 - UNION BANK 1.99 $
PD Sub/OneDrive/Photo Storage 4/22 5911 6/7/22 1.99 $
11262 1178 - UNION BANK 17.95 $
PD Food/Farewell Party/AD 4/19 5911(A) 6/7/22 17.95 $
11263 1178 - UNION BANK 43.50 $
PD Food/Farewell Party/AD 4/21 5911(B) 6/7/22 43.50 $

Page 3 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11264 1178 - UNION BANK 37.46 $
PD Supplies/Farewell Party/AD 4/25 5911(C) 6/7/22 37.46 $ 11265 1178 - UNION BANK 200.00 $
PD Reg/Seal Beach Safety Awards/ML & MM & CR & SA & DP 6/2 5911(D) 6/7/22 200.00 $ 11266 1178 - UNION BANK 1.99 $
Erroneous Charge/Reimbursed/TZ 5/7 5911(E) 6/7/22 1.99 $ 11267 1178 - UNION BANK 8.60 $
PD Supplies/Open House 5/9 5911(F) 6/7/22 8.60 $
11268 1178 - UNION BANK (1,020.53) $
Hotel Adjustment/CAPE Conference/CB 4/24-4/29 6278 6/7/22 (1,020.53) $ 11269 1178 - UNION BANK 1,020.53 $
Hotel Adjustment/CAPE Conference/CB 4/24-4/29 6278(A) 6/7/22 1,020.53 $ 11270 1178 - UNION BANK 85.00 $
PD Reg/OTS Traffic Safety Forum/MM 5/10 6278(B) 6/7/22 85.00 $ 11271 1178 - UNION BANK 60.00 $
PD Reg/Informant Development/JK 5/24 6278(C) 6/7/22 60.00 $ 11272 1178 - UNION BANK 60.00 $
PD Reg/Informant Development/CR 5/24 6278(D) 6/7/22 60.00 $ 11273 1178 - UNION BANK 40.00 $
PD Reg/ABC Enforcement/HM 7/12 6278(E) 6/7/22 40.00 $
11274 1178 - UNION BANK 20.00 $
PD Addl Reg/ABC Enforcement/HM 7/12 6278(F) 6/7/22 20.00 $ 11275 1178 - UNION BANK (475.00) $
Credit/Reg/Government Finance Officers Assoc Conf/MB 6/5-6/8 7626 6/7/22 (475.00) $ 11276 1178 - UNION BANK 175.00 $
Job Ad/Public CEO/Business Development Manager 4/20 7628 6/7/22 175.00 $ 11277 1178 - UNION BANK 460.00 $
Job Ad/CALED/Business Development Mgr/Comm Development 4/20 7628(A) 6/7/22 460.00 $ 11278 1178 - UNION BANK 54.98 $
Supplies/2019-22 Employee Service Awards Breakfast 4/26 7628(B) 6/7/22 54.98 $ 11279 1178 - UNION BANK 15.50 $
Food/2019-22 Employee Service Awards Breakfast 5/3 7628(C) 6/7/22 15.50 $ 11280 1178 - UNION BANK (204.09) $
Credit/Hotel/CA Assoc for Property & Evidence Conf/CB 4/24 7454 6/7/22 (204.09) $ 11281 1178 - UNION BANK 307.44 $
PD Imprinted Lollipops(1K)/Open House 5/9 7454(A) 6/7/22 307.44 $ 11282 1178 - UNION BANK 78.30 $
PD Sub/Business Analytics/Reporting Software 5/22 7454(B) 6/7/22 78.30 $ 11283 1178 - UNION BANK 1,050.00 $
PD Erroneous Charge/Reversed 5/3 8179 6/7/22 1,050.00 $ 11284 1178 - UNION BANK 40.00 $
PD Reg/Cold Stop Criminal Interdiction/HM 6/7 8179(A) 6/7/22 40.00 $

Page 4 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11285 1178 - UNION BANK 40.00 $
PD Reg/ABC Investigations/HM 7/12 8179(B) 6/7/22 40.00 $ 11286 1178 - UNION BANK 60.00 $
PD Reg/Informant Development/CR 5/24 8179(C) 6/7/22 60.00 $ 11287 1178 - UNION BANK 40.00 $
PD Reg/ABC Enforcement/MC 7/12 8179(D) 6/7/22 40.00 $
11288 1178 - UNION BANK 850.00 $
PD Reg/Drug-Terrorist Interdiction Conf/HM & CR 6/26-6/30 8179(E) 6/7/22 850.00 $ 11289 1178 - UNION BANK 115.11 $
Supplies/Spring Egg Hunt 4/14 8202 6/7/22 115.11 $
11290 1178 - UNION BANK 27.44 $
White Board(1)/Magnets(45)/Lexington Park Field Rentals 5/11 8202(A) 6/7/22 27.44 $ 11291 1178 - UNION BANK 43.05 $
Supplies/First Aid/Youth Sports 5/11 8202(B) 6/7/22 43.05 $ 11292 1178 - UNION BANK 226.20 $
Supplies/First Aid/Youth Sports 5/11 8202(C) 6/7/22 226.20 $ 11293 1178 - UNION BANK 87.00 $
Sub/Mailchimp Email Distribution 4/22 8283 6/7/22 87.00 $ 11294 1178 - UNION BANK 20.00 $
Facebook Ad(1)/Spring Egg Hunt 4/14-4/16 8283(A) 6/7/22 20.00 $ 11295 1178 - UNION BANK 11.99 $
Sub/Dropbox/Shared Access Storage/BS 5/8-6/8 8283(B) 6/7/22 11.99 $ 11296 1178 - UNION BANK 276.21 $
PD Taser Download Cable(1)/Watch Commanders Office 4/13 8886 6/7/22 276.21 $ 11297 1178 - UNION BANK 106.66 $
PD Key Cabinet(1)/Watch Commanders Office 4/13 8886(A) 6/7/22 106.66 $ 11298 1178 - UNION BANK 4.30 $
PD Supplies/Admin 4/25 8886(B) 6/7/22 4.30 $
11299 1178 - UNION BANK 130.95 $
PD Printer Ribbons(2 Rls)/MAV 4/25 8886(C) 6/7/22 130.95 $ 11300 1178 - UNION BANK 27.21 $
PD Flag Pole Ornament(1)/EOC 4/25 8886(D) 6/7/22 27.21 $ 11301 1178 - UNION BANK 14.00 $
PD Supplies/Open House 4/25 8886(E) 6/7/22 14.00 $
11302 1178 - UNION BANK 11.50 $
PD Hand Vacuum Filter(1) 4/25 8886(F) 6/7/22 11.50 $
11303 1178 - UNION BANK 8.57 $
PD Ink Stamp(1) 4/25 8886(G) 6/7/22 8.57 $
11304 1178 - UNION BANK 69.78 $
PD Supplies/Open House 4/25 8886(H) 6/7/22 69.78 $
11305 1178 - UNION BANK 331.05 $
PD Shotgun Light Batteries(144) 4/27 8886(I) 6/7/22 331.05 $

Page 5 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11306 1178 - UNION BANK 42.00 $
PD Fentanyl Hazard Stickers(500) 5/2 8886(J) 6/7/22 42.00 $ 11307 1178 - UNION BANK 171.97 $
PD DVD-R(400) 5/2 8886(K) 6/7/22 171.97 $
11308 1178 - UNION BANK 269.31 $
PD Canopy(1)/Side Walls(3)/RACES 5/9 8886(L) 6/7/22 269.31 $ 11309 1178 - UNION BANK 52.66 $
iPhone Case(1)/Screen Protector(1)/Maint Weekend Duty Phone 5/5 8961 6/7/22 52.66 $ 11310 1178 - UNION BANK 100.00 $
PD Dues/CA Narcotic Officers Assoc/MC 2022 9480 6/7/22 100.00 $ 11311 1178 - UNION BANK 100.00 $
PD Dues/CA Narcotic Officers Assoc/HM 2022 9480(A) 6/7/22 100.00 $ 11312 1178 - UNION BANK (10.48) $
Credit/Supplies/Council Meetings 4/4 9656 6/7/22 (10.48) $ 11313 1178 - UNION BANK 35.00 $
Reg/City of Buena Park State of the City/Council Member SM 5/12 9656(A) 6/7/22 35.00 $ 11314 1178 - UNION BANK 25.74 $
Supplies/City Hall Breakroom 4/25 9656(B) 6/7/22 25.74 $ 11315 1178 - UNION BANK 65.19 $
Meals(8)/Chili's/Council Meeting 4/25 9656(C) 6/7/22 65.19 $ 11316 1178 - UNION BANK 25.84 $
Binders(12)/Citizens Academy 5/2 9656(D) 6/7/22 25.84 $ 11317 1178 - UNION BANK 172.39 $
Tumblers(25)/Citizen's Academy 5/2 9656(E) 6/7/22 172.39 $ 11318 1178 - UNION BANK 175.00 $
Reg/OC Human Relations Luncheon/Council Member FM 5/12 9656(F) 6/7/22 175.00 $ 11319 1178 - UNION BANK 86.18 $
Tote Bags(20)/Citizen's Academy 5/5 9656(G) 6/7/22 86.18 $ 11320 1178 - UNION BANK 96.36 $
Imprinted Stickers(100)/Citizen's Academy 5/10 9656(H) 6/7/22 96.36 $ 11321 1178 - UNION BANK 126.61 $
Diversity Stickers(250) 5/12 9656(I) 6/7/22 126.61 $
11322 1178 - UNION BANK 65.78 $
Food/Council Meeting 5/11 9656(J) 6/7/22 65.78 $
11323 1178 - UNION BANK 46.65 $
Food/Council Meeting 5/13 9656(K) 6/7/22 46.65 $
11324 1178 - UNION BANK 297.93 $
Supplies/2019-21 Employee Service Awards Breakfast 4/24 9858 6/7/22 297.93 $ 11325 1178 - UNION BANK 29.98 $
Sub/Zoom Video Conferencing/HR 5/8-6/7 9858(A) 6/7/22 29.98 $ 11326 1178 - UNION BANK 65.23 $
Food/Round Table/Council Meeting 4/11 0635 6/7/22 65.23 $

Page 6 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11327 1178 - UNION BANK 370.92 $
Election Handbook(1)/Nomination Pages(18)/Misc 5/18 0635(A) 6/7/22 370.92 $ 11328 1178 - UNION BANK 10.00 $
Sub/Box/Staff Document Review/Engineering 4/29-5/28 4595 6/7/22 10.00 $ 11329 1178 - UNION BANK 1,800.00 $
Svc/Quickbase/Bldg/Public Works 5/22 4595(A) 6/7/22 1,800.00 $ 11330 2107 - BYER, TOM 2,300.00 $
Refund/Recycle Deposit/Permit CDD-22-51 Rfd 6/24/22 2,300.00 $ 11331 100505 - CITY OF CYPRESS-WORKERS COMP (1,414.87) $ W/C Claims/Prof Svcs/#25155-25175 Reimb 6/24/22 (1,414.87) $ 11332 100505 - CITY OF CYPRESS-WORKERS COMP 1,010.62 $
W/C Claims/Medical/#25155-25175 Reimb(A) 6/24/22 1,010.62 $ 11333 100505 - CITY OF CYPRESS-WORKERS COMP 18,325.65 $ W/C Claims/Perm Disability/#25155-25175 Reimb(B) 6/24/22 18,325.65 $ 11334 100505 - CITY OF CYPRESS-WORKERS COMP 12,883.55 $ W/C Claims/Prof Svcs/#25176-25222 Reimb(C) 6/24/22 12,883.55 $ 11335 100505 - CITY OF CYPRESS-WORKERS COMP 7,260.14 $
W/C Claims/Medical/#25176-25222 Reimb(D) 6/24/22 7,260.14 $ 11336 100505 - CITY OF CYPRESS-WORKERS COMP 7,886.30 $
W/C Claims/Perm Disability/#25176-25222 Reimb(E) 6/24/22 7,886.30 $ 11337 100505 - CITY OF CYPRESS-WORKERS COMP 5.13 $
W/C Claims/Temporary Disability/#25176-25222 Reimb(F) 6/24/22 5.13 $ 11338 2108 - DE CRISCIO, JOSEPH 1,605.00 $
Refund/Recycle Deposit/Permit CDD-22-61 Rfd 6/24/22 1,605.00 $ 11339 120801 - ICMA RETIREMENT TRUST - RHS 10,691.25 $
Monthly Retiree Health Savings 6/22 6/22 10,691.25 $
11340 2109 - MILLER, MATT 2,000.00 $
Refund/Recycle Deposit/Permit CDD-22-62 Rfd 6/24/22 2,000.00 $ 11341 2110 - PURZYCKI, KEVIN 24.75 $
Refund/Electrical Permit #BS-22-865 Rfd 6/24/22 24.75 $ 11342 961 - VANTAGEPOINT TRANSFER AGENTS-108139 1,200.00 $ Deferred Comp/Executive Mgmt 6/22 401a-6/22 1,200.00 $
11343 2111 - WOLF, CHRIS 77.00 $
Refund/Building Permit #BS-22-561 6/24/22 77.00 $
11344 1608 - ALARM PROGRAM SYSTEMS, LLC 3,169.08 $
PD Svc/Alarm Permit & False Alarm Collections 5/22 5/22 3,169.08 $ 11345 128823 - PETTY CASH 500.00 $
Petty Cash/Salute to America 7/1 7/1/22 500.00 $
11346 128744 - AYRES, RICHARD 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11347 102038 - BALDWIN, DARRELL 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $

Page 7 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11348 102087 - BISH, EDWARD 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11349 100101 - BRUCE, THOMAS M 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11350 1456 - CARTER, KEITH 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11351 129695 - COTE, ROBERT 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11352 128938 - COX, RODNEY 95.03 $
Retiree Health Care Benefits 7/22 7/22 95.03 $
11353 104003 - ESSEX, CLARE 403.04 $
Retiree Health Care Benefits 7/22 7/22 403.04 $
11354 128044 - FORNISS, DANIEL 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11355 129816 - FOSTER, SCOTT 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11356 112129 - HERNANDEZ, ALEX 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11357 109393 - IDOM, MIKE 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11358 100667 - LASSALLE, ISMAEL 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11359 123656 - MANUEL, DEAN 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11360 129700 - MCSHANE, CHRIS 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11361 2017 - MINIKUS, SCOTT 286.18 $
Reimb/Medical Premiums 7/22 7/22 286.18 $
11362 128832 - MORALES, PAULO 751.22 $
Reimb/Medical Premiums 7/22 7/22 751.22 $
11363 122 - MORROW, RICHARD L 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11364 129501 - MOUNT, ERIC 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11365 129608 - OLSON, JAMES 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11366 129865 - PARKER, MARK 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11367 128784 - RAMSEY, KENNETH 125.00 $
Retiree Health Care Benefits 7/22 7/22 125.00 $
11368 119027 - RAMSEY, STEVE 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $

Page 8 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
11369 195 - SHACKELFORD, DOREEN 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11370 196 - SOIFER, DAVID 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11371 180 - SWIFT, JEFF 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11372 1024 - VALLEY VISTA SERVICES, INC 211,629.68 $
Waste Disposal Fee 5/22 5/22 211,629.68 $
11373 127 - VENESKI, PATRICK 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11374 105121 - VIGIL, FELIX 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11375 129666 - WALQUIST, BRIAN 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11376 40 - WARLAND INVESTMENTS COMPANY 37,500.00 $
Development Assistance 7/22 7/22 37,500.00 $
11377 122756 - WINTERSOLE, MICHAEL 600.00 $
Retiree Health Care Benefits 6/22 6/22 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11378 112204 - WONG, JEFFREY 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
11379 342 - WU, ALEX 300.00 $
Retiree Health Care Benefits 7/22 7/22 300.00 $
59798 100681 - ADVANCED ALARM & FIRE INC 800.00 $
Svc/Alarm Monitor/Civic Center & Sr Center & Comm Center 5/22 891102 400.00 $ Svc/Alarm Monitor/Civic Center & Sr Center & Comm Center 6/22 891246 400.00 $ 59799 105442 - ALL CITY MANAGEMENT SERVICE INC 15,063.01 $ Crossing Guard Svcs(27 Hrs)/Orange & Grindlay 5/15-5/28 77989(A) 610.47 $ Crossing Guard Svcs(639.21 Hrs) 5/15-5/28 77989 14,452.54 $ 59800 1619 - ARDURRA GROUP, INC-ANDERSON PENNA PARTNERS 4,600.00 $ Svc/City Engineer 5/22 124795 4,600.00 $
59801 110860 - AT&T 1,429.04 $
W/C Svc/Priority Radio Line 6/5-7/4 1734493178060522 1,429.04 $ 59802 110860 - AT&T 3,578.91 $
9391033694-PW Phone Svc 5/22 5/22(J) 167.08 $
9391033695-Civic Center Phone Svc 5/22 5/22(H) 25.06 $
9391033698-PW Phone Svc 5/22 5/22(I) 25.33 $
Phone Svc/Multi-Line 5/13-6/12 5/13/22-6/12/22 3,361.44 $ 59803 109354 - B & M LAWN & GARDEN, INC 32.97 $
Spark Plugs(4) 5/10 550194 32.97 $
59804 2101 - BARNES, CHRISTOPHER 300.00 $
Perform/Magic Show/Day Camp 6/29 6/29/22 300.00 $

Page 9 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59805 2101 - BARNES, CHRISTOPHER 300.00 $
Perform/Magic Show/Summerfest 6/18 6/18/22 300.00 $
59806 109327 - BEE REMOVERS/HONEYCOTT, INC 250.00 $
Svc/Bee Removal 6/2 600236 125.00 $
Svc/Bee Removal 6/9 600280 125.00 $
59807 1822 - BENEFITS COORDINATORS CORPORATION BCC 8,891.24 $ Insurance/Life/LTD/STD/Optional 7/22 11083 8,891.24 $
59808 1822 - BENEFITS COORDINATORS CORPORATION BCC 2,515.07 $ Insurance/Vision Claims/City & West Comm 5/22 B05T3V 2,515.07 $ 59809 866 - C3 OFFICE SOLUTIONS 6.80 $
W/C Copier Svc/Supplies 5/22 INV147759 6.80 $
59810 103141 - CA FORENSIC PHLEBOTOMY, INC 334.95 $
PD Blood/Alcohol Tests(3) 5/22 1967 334.95 $
59811 103016 - CAMERON WELDING CO 70.00 $
Cylinder Charges 5/22 09244077 70.00 $
59812 1008 - CERTIFIX LIVE SCAN 20.00 $
W/C Svc/Fingerprinting(1) 4/20 63234 20.00 $
59813 123012 - CHARLES ABBOTT ASSOCIATES 10,265.00 $
Svc/FOG & NPDES Inspections 4/22 64195 4,985.00 $
Svc/FOG & NPDES Inspections 5/22 64312 5,280.00 $
59814 2090 - CHARTER COMMUNICATIONS HOLDINGS LLC 625.68 $ Svc/Cable/Council Chambers 6/10-7/9 6/10/22-7/9/22 110.68 $ W/C Svc/Internet 5/31-6/30 0307955053122 515.00 $
59815 110067 - COMLINK LASER CARE 221.90 $
Toner(1)/PD 6/14 74079 110.95 $
Toner(1)/PD 6/16 74087 110.95 $
59816 1617 - CONTROL AIR ENTERPRISES LLC 3,950.00 $
Svc/HVAC/PD Cooling Tower Water Treatment 6/1/1-5/31/22 3074240 3,950.00 $ 59817 1439 - CORODATA MEDIA STORAGE, INC 140.70 $
Offsite Data Storage Services 5/22 DS1302128 140.70 $
59818 1622 - DANIELS TIRE SERVICE, INC 1,106.07 $
Vehicle Tires(2) 4/18 200442654 222.79 $
Vehicle Tires(6) 4/26 200443780 883.28 $
59819 1083 - DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC 6,044.20 $ Design/Landscape/Maple Grove North & Oak Knoll Parks 3/22 422242 6,044.20 $ 59820 102123 - DELL MARKETING LP-DELL USA LP 5,107.31 $ Credit/Rugged Laptop(1)/Vehicle Docking Stations(2) 5/23 60132461199 (3.19) $ Rugged Laptop(1)/Vehicle Docking Stations(2) 5/23 10584962388 5,110.50 $ 59821 345 - DISCOUNT TIRE STORE 70.00 $
Svc/Mount & Balance Wheels/Unit #648 30027125 20.00 $
Svc/Wheel Alignment/Unit #618 30027002 50.00 $

Page 10 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59822 110722 - DLT SOLUTIONS, LLC 8,596.56 $
Sub/AutoCAD Map 3D/Engineering 6/19/22-6/18/23 SI560238 8,596.56 $ 59823 2063 - DUNBAR, PETER W 2,275.00 $
PD Svc/Strategic Planning 5/22 CPD4 2,275.00 $
59824 2112 - E & E SPORTS PHOTOGRAPHY 1,344.00 $
Photo Packages(84)/Challenger Basketball League 6052019 1,344.00 $ 59825 1296 - EDCO CNG 2,086.50 $
Natural Gas(464.95 Gls)/Sweepers(2)/Sewer Truck(1) 5/1-5/15 5152002-6 988.95 $ Natural Gas(516.01 Gls)/Sweepers(2)/Sewer Truck(1) 5/16-5/31 6012022-6 1,097.55 $ 59826 107899 - FIREWORKS AND STAGE FX AMERICA 12,500.00 $ Final/Fireworks Display/2022 Salute to America 7/1 20730 12,500.00 $ 59827 100594 - FIVE STAR FIRE PROTECTION INC 505.15 $
Inspect/Fire Sprinkler System/Maint Yard 6/9 66257 505.15 $ 59828 798 - FORENSIC NURSE SPECIALISTS, INC 1,000.00 $
PD Assault Exam/DR #22-01597 5/29 5119 1,000.00 $
59829 367 - FRIENDS OF CYPRESS RECREATION & PARKS 2,844.45 $ Reimb/2021 Community Festival Reimb 6/24/22 2,844.45 $
59830 1115 - FRONTIER 2,125.77 $
W/C Phone Svc/5624931036 7/22 7/22 84.49 $
W/C Phone Svc/5627955413 6/22 6/22(B) 1,740.29 $
W/C Svc/Circuit Line 6/13-7/12 6/13/22-7/12/22 300.99 $ 59831 1114 - FRONTIER COMMUNICATIONS OF CA 1,151.35 $
W/C Svc/Priority Radio Line 6/5-7/4 7002Z403S22125 1,151.35 $ 59832 107964 - FUN WITH HORSES CORP 617.50 $
Instruct/Equestrian 4/2-5/28 5/28/22 617.50 $
59833 119018 - GOLDEN STATE WATER COMPANY 57,233.25 $
Svc/Athletic Fields 5/22 5/22(E) 3,671.38 $
Svc/Civic Center 5/22 5/22(C) 2,474.12 $
Svc/Community Center 5/22 5/22(G) 34.45 $
Svc/Lexington Park 5/22 5/22(D) 3,479.27 $
Svc/Parks Landscaping 5/22 5/22(K) 33,362.15 $
Svc/Parkway Maint 5/22 5/22(J) 8,182.64 $
Svc/Sr Center 5/22 5/22(I) 601.57 $
Svc/Stanton Channel Berm 5/22 5/22(H) 5,021.00 $
Svc/Storm Drain 5/22 5/22(F) 406.67 $
59834 1464 - HANLEY CHESS ACADEMY 308.75 $
Instruct/Chess 4/23-5/28 5/28/22 308.75 $
59835 103008 - HARTZOG & CRABILL 2,430.00 $
Svc/Monitor Traffic Signals 5/22 22-0324 2,430.00 $
59836 128739 - HOME DEPOT CREDIT SVC-MAINT 1,697.76 $
Supplies/Maint 4/22 6/24/22 1,697.76 $

Page 11 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59837 117233 - HOME DEPOT CREDIT SVC-REC #0720 899.41 $ Batteries(60)/Recreation Facility Operations 4/13 4081726 42.82 $ Credit/Supplies/Spring Egg Hunt 4/26 1181435 (48.42) $
Storage Boxes(10)/Teen Programs 4/25 2625912 17.02 $
Supplies/Recreation Facility Operation 4/28 9082915 83.41 $ Supplies/Recreation Facility Operation 5/10 7064049 29.80 $ Supplies/Recreation Facility Operation 5/25 2522425 11.59 $ Supplies/Recreation Facility Operation 5/5 2083437 334.85 $ Supplies/Sr Center 6/2 4054964 428.34 $
59838 1814 - HORIZONS CONSTRUCTION COMPANY INTL., INC 445,607.40 $ Construct/Lexington Park 5/22 14-5/22 445,607.40 $
59839 2102 - KIREONFIRE PRODUCTIONS, INC THE TRIP 2,000.00 $ Perform/Music/Concert on the Green 6/24 6/24/22 2,000.00 $ 59840 336 - LEXISNEXIS RISK DATA MANAGEMENT, INC 300.00 $ PD Svc/Database 5/22 1538745-20220531 300.00 $
59841 122069 - LIEBERT CASSIDY WHITMORE 114.00 $
Legal Svc/HR Matter #CY020-00001 9/21 205424 114.00 $
59842 1779 - LINSCOTT, LAW & GREENSPAN, ENGINEERS 45,161.00 $ Svc/Traffic Engineering 1/22 14394-00119 8,488.00 $
Svc/Traffic Engineering 12/21 14394-00118 5,544.00 $
Svc/Traffic Engineering 2/22 14394-00120 9,589.00 $
Svc/Traffic Engineering 3/22 14394-00121 11,862.00 $
Svc/Traffic Engineering 4/22 14394-00122 9,678.00 $
59843 1605 - MAINT SUPERINTENDENTS ASSOC-MSA INLAND EMPIRE 75.00 $ Dues/Maint Superintendent Assoc/JG 7/1/22-6/30/23 Dues/JG 2022-23 75.00 $ 59844 109220 - MANHATTAN STITCHING CO, INC/BRENDAN SCREEN PRINT$ 979.45 Staff Shirts(96)/Visors(6)/Hats(12) 5/24 89104 979.45 $ 59845 113056 - MCMASTER CARR SUPPLY CO 982.35 $
Corner Guards(56 Ft)/PD Interior Walls 5/5 77389054 982.35 $ 59846 2113 - MERRIWETHER & WILLIAMS INSURANCE 1,208.14 $ Special Event Insurance/Salute To America 7/1 7/1/22 1,208.14 $ 59847 578 - MIG-MOORE IACOFANO GOLTSMAN/HOGLE-IRELAND, INC 33,537.80 $ Design/Arnold Cypress Park Rehab 5/22 0075702 33,537.80 $ 59848 122124 - MIKE RAAHAUGE SHOOTING ENTERPRISES 132.00 $ PD Svc/Shooting Range(6) 5/4 & 5/19 1697 132.00 $
59849 109269 - MILES, HILDA 1,248.00 $
Instruct/Hula Dance 6/7-7/13 7/13/22 1,248.00 $
59850 129801 - MUTUAL LIQUID GAS & EQUIP 30.00 $
Rent/Propane Tank 6/22 22432 10.00 $
Rent/Propane Tank 7/1/22-8/31/22 22432(A) 20.00 $
59851 116455 - O H CASEY INC 170.00 $
Svc/Porta-Potties(2)/Maint Yard 5/12 0001534084 170.00 $

Page 12 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59852 108944 - OFFICE DEPOT 1,183.11 $
Supplies/Citywide 5/22 6/24/22 1,183.11 $
59853 1601 - ONYX PAVING COMPANY INC 274,705.28 $
Construct/Street Rehab 5/22 2-5/22 274,705.28 $
59854 122725 - ORANGE COUNTY SANITATION DISTRICT 760,628.90 $ Sewer Connect Fees 5/22 5/22 760,628.90 $
59855 129575 - PARKHOUSE TIRE INC 295.00 $
Emergency Svc/Remove Lug Nut/Unit #137 1020256250 295.00 $ 59856 492 - PAUL'S CAR WASH & LUBE CENTER-FIRESTONE HAND WASH $ 1,209.91 Svc/Car Wash/PD(50)/PW(1) 4/22 2145 556.51 $
Svc/Car Wash/PD(61) 5/22 2146 653.40 $
59857 871 - PEREZ, DIANA 844.35 $
Instruct/Learn & Grow 4/13-5/18 5/18/22 844.35 $
59858 2026 - PHILLIPS, TROY 1,000.00 $
Svc/Audio & Lighting/Concert on the Green 6/24 6/24/22 1,000.00 $ 59859 2026 - PHILLIPS, TROY 1,000.00 $
Svc/Audio & Lighting/Salute to America 7/1 7/1/22 1,000.00 $ 59860 112053 - PVP COMMUNICATIONS INC 145.83 $
PD Replace/Face Shield/Motor Helmet 6/9 131173 145.83 $ 59861 1598 - RBL INC PLUMBING 780.00 $
Inspect/Plumbing/Evergreen Park Restrooms 5/17 385 120.00 $ Inspect/Plumbing/Mackay Park Restroom 5/16 383 120.00 $ Inspect/Plumbing/Maint Yard 5/17 384 240.00 $
Inspect/Plumbing/Willow Park Restrooms 5/17 386 120.00 $ Repair/Plumbing Leak/Arnold Cypress Park Restroom 5/16 382 180.00 $ 59862 101148 - RED WING SHOE STORE 100.00 $
Safety Shoes/DCorrigan 6/8 20220609025347 100.00 $
59863 109096 - S.C. SIGNS & SUPPLIES, LLC 480.57 $
Sign Rivets(300) 4/20 226461 316.79 $
Signs(4)/Lexington Park 4/20 226462 163.78 $
59864 111301 - S.C. YAMAMOTO, INC 73,716.89 $
Install/Mulch(261 Tons)/Parks 5/22 1417576(A) 7,830.00 $ Svc/Landscape/Citywide 5/22 1417576 14,820.00 $
Svc/Landscape/Right of Way & Berm 5/22 1417575 14,434.39 $ Svc/Seasonal Turf Renovation/Parks 5/22 1417723 32,084.50 $ Svc/Seasonal Turf Renovation/Right of Way 5/22 1417724 4,548.00 $ 59865 106893 - SAFESHRED 40.00 $
W/C Svc/Shredding 5/10 333214 40.00 $
59866 130328 - SHOETERIA 100.00 $
Safety Shoes/ACheairs 5/20 0034238IN 100.00 $
59867 1531 - SIMONE, DEAN 1,400.00 $
Perform/Music/Salute to America 7/1 7/1/22 1,400.00 $

Page 13 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59868 119016 - SO CAL EDISON 94,652.97 $
700003851853 Svc/Parkways 3/22-5/22 3/22-5/22 533.38 $
700351486618 Svc/Willow Park 5/22 5/22(C) 368.05 $
700370018870 - Svc/Traffic Signal 5/22 5/22(D) 93.66 $
700428641933 Svc/Mackay Park 5/22 5/22(B) 110.06 $
700564248438 Svc/Traffic Signals 5/22 5/22(A) 2,935.02 $ Svc/Citywide 4/13-5/12 4/13/22-5/12/22 90,612.80 $
59869 1279 - SOUTHERN CALIFORNIA SHREDDING, INC 60.00 $ PD Svc/Shredding 6/6 199444 60.00 $
59870 125888 - SPARKLETTS 222.71 $
Comm Center Bottled Water 5/22 4104724 5/22 27.04 $
Maint Bottled Water 5/22 4106666 5/22 78.67 $
PD Bottled Water 5/22 4104648 5/22 73.32 $
Print Shop Bottled Water 5/22 4105217 5/22 2.60 $
Sr Center Bottled Water 5/22 4104716 5/22 8.84 $
W/C Bottled Water 5/22 4089647 5/22 32.24 $
59871 116238 - STAPLES BUSINESS ADVANTAGE 1,076.86 $
Supplies/Citywide 5/22 6/24/22 1,076.86 $
59872 119024 - STATE COMP INSURANCE FUND 3,548.02 $
W/C Workers Comp Insurance 6/22 1000857029 2,072.66 $
W/C Workers Comp Insurance Adjustment 5/30/21-5/30/22 1000857029(A) 1,475.36 $ 59873 1330 - SUPERIOR PROPERTY SERVICES, INC-SUPERIOR GRAFFITI 6,776.00 $ Svc/Graffiti Removal/Streets & Parks 5/22 17341 6,776.00 $ 59874 588 - THE COUNSELING TEAM INTERNATIONAL 1,285.00 $ PD Svc/Employee Counseling 5/22 82537 1,000.00 $
W/C Svc/Employee Counseling 5/22 82571 285.00 $
59875 2067 - THE ORIGINAL GOODIE'S UNIFORM 113.34 $
PD Nameplates(2)/Trainee TCenteno 2421 26.35 $
Safety Gear/PSO FDeLaRosa 2482 86.99 $
59876 851 - THE UPS STORE, #5882 340.00 $
Svc/Fingerprints(1)/Rec Volunteers 5/22 6/7/2022(A) 20.00 $ Svc/Fingerprints(16)/Recreation 5/22 6/7/2022 320.00 $
59877 591 - TRC-VALI COOPER AND ASSOCIATES, INC 37,569.50 $ Inspect/Residential Street Rehab 4/22 37010 37,569.50 $ 59878 128063 - U S ARMOR CORPORATION 654.43 $
PD Ballistic Vest(1)/SAusmus 37817 654.43 $
59879 1139 - UNIFIRST CORP 744.17 $
Uniforms/Mats/Mops/Towels 5/22 5/22 744.17 $
59880 1242 - UNIFORM DEPOT, INC-MR UNIFORM 1,097.41 $
PD Uniform/Aide Yunjin Park 6441 480.32 $
PD Uniform/Aide Yunjun Park 6442 480.32 $
Uniform/PSO FDeLaRosa 6413A 136.77 $

Page 14 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59881 100308 - UNITED MAINTENANCE SYSTEMS 22,033.50 $
Svc/Janitorial/Citywide 5/22 15219 5,286.50 $
Svc/Janitorial/Park & Rec Facilities 4/22 15197 7,980.00 $ Svc/Janitorial/Park & Rec Facilities 5/22 15221 7,980.00 $ Svc/Weekend Enhanced Cleaning/PD 5/22 15222 787.00 $
59882 1997 - VACCARO, FRANK WEST COAST OFFICIALS 385.00 $ Officials(7 Games)/Youth Basketball 6/27-6/30 1243 385.00 $ 59883 129623 - WEST COAST ARBORIST 60,615.00 $
Svc/Plant Trees(46) 5/1-5/15 185936A 19,665.00 $
Svc/Plant Trees(93)/Install Water Bags(53) 5/16-5/31 186443A 40,950.00 $ 59884 1962 - WEX HEALTH INC-WEX 90.00 $
Admin Fee/FSA 5/22 0001541773IN 90.00 $
59885 110131 - WHITE CAP CONSTRUCTION SUPPLY WHITE CAP, LP 96.76 $ Rear Wheel(1)/Axle Shaft(1) 5/10 50018616747 59.63 $
Vehicle Wheel(1) 5/31 50018761167 37.13 $
59886 1974 - YUNEX LLC 8,258.39 $
Repair/Street Lights 5/22 5620039993 1,426.00 $
Repair/Traffic Signals 5/22 5620039994 2,512.25 $
Svc/Street Light Survey 5/22 5610280847 189.07 $
Traffic Signal Maint 5/22 5610280861 4,131.07 $
59887 0 - ABBOTT, BENJAMIN 500.00 $
Refund/Pool Bond/5274 Apia Drive Rfd 6/24/22 500.00 $
59888 0 - AQUARIUS POOLS & SPAS 500.00 $
Refund/Pool Bond/4620 Lincoln Ave Rfd 6/24/22 500.00 $
59889 0 - BLUE FOUNTAIN POOLS 500.00 $
Refund/Pool Bond/10412 Doris Circle Rfd 6/24/22 500.00 $ 59890 0 - GAO, HUI 37.00 $
Refund/Pee Wee Baseball 6/6-7/18 Rfd 6/24/22 37.00 $
59891 0 - HARGLEROAD, CASSAUNDRA 500.00 $
Refund/Facility Deposit/Contract #5629 Rfd 6/24/22 500.00 $ 59892 0 - LANNING, LYNLEY 300.00 $
Refund/Facility Deposit/Contract #5843 Rfd 6/24/22 300.00 $ 59893 0 - LUN CHOU, YUNG 243.00 $
Refund/Camp Cypress 6/13-6/17 Rfd 6/24/22 243.00 $
59894 0 - NGUYEN, ANH 37.00 $
Refund/Pee Wee Baseball 6/6-7/18 Rfd 6/24/22 37.00 $
59895 0 - PREMIER OUTDOOR BUILDERS 500.00 $
Refund/Pool Bond/10489 Gregory Circle Rfd 6/24/22 500.00 $ 59896 0 - SHORELINE CONSTRUCTION 500.00 $
Refund/Pool Bond/BP#12980 Rfd 6/24/22 500.00 $
59897 0 - SUN, YAN 150.00 $
Refund/Youth Evolution Basketball 7/11-7/15 Rfd 6/24/22 150.00 $

Page 15 of 16 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/18/22-07/01/22
59898 0 - THAM, CENDRAWATI 100.00 $
Refund/Facility Deposit/Contract #5951 Rfd 6/24/22 100.00 $ 59899 0 - TRAN, HANG 307.00 $
Refund/Specialty Camp 6/13-6/17 Rfd 6/24/22 307.00 $
59900 0 - WRIGHTS LABOR SERVICE 500.00 $
Refund/Pool Bond/11364 Jamaica Rfd 6/24/22 500.00 $
59901 0 - ZARATE, SANDY 300.00 $
Refund/Facility Deposit/Contract #5610 Rfd 6/24/22 300.00 $ 59902 100646 - SANTA ANA POLICE DEPARTMENT 198.00 $
PD Reg/Tactical Rifle Course/AS & SC 6/15-6/17 PD Reg 6/15-6/17 198.00 $ 59634 100646 - SANTA ANA POLICE DEPARTMENT (198.00) $
PD Reg/Tactical Rifle Course/AS & SC 6/15-6/17 PD Reg 6/15-6/17 (198.00) $ Total EFTs 343,342.45 $ 343,342.45 $
Total Warrants 2,057,106.34 2,057,106.34
Transfer to Payroll (W1478) 748,867.89 Payroll 06/10/22-06/24/22 748,867.89 Grand Totals 3,149,316.68 $ 3,149,316.68 $

Page 16 of 16 ends

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Mark Lauderback, Chief of Police
DATE: 07/11/2022
SUBJECT: Receive and File Police Department Strategic Plan

RECOMMENDATION
Receive and file the Police Department strategic plan.

DISCUSSION
A strategic plan is utilized to establish major goals, and it provides the guidance for outlining program objectives, implementation, and accountability for improving services and preserving Cypress' high quality of life. The Police Department undertook its first strategic plan in 2015 with the expectation the plan would be updated every three or four years. The most recent update to the plan occurred in 2018 and the majority of the items included in that plan are complete.

An update to the Police Department strategic plan was included as a six-month objective in the City’s Strategic Plan approved by the City Council in March 2022. The Police Department recently conducted an RFP process and selected Pete Dunbar to facilitate the strategic plan process. Mr. Dunbar, a former Chief of Police, has been involved with strategic planning development since 2005.

The strategic plan update included an online survey of Police Department employees to assist in identifying perceived strengths and weaknesses of the Department, which are used to establish areas of focus for the new plan. In April, a strategic planning workshop was held with both sworn and civilian police employees. The workshop helped identify and establish new goals and strategies for the next three years.

The plan goals are:

Create a Succession Plan;
Enhance Workplace Procedures to Improve Teamwork, Trust, and Transparency; Enhance the Department Technology Plan;and
Improve Internal and External Communication.

Examples of strategies in the plan to accomplish these goals include:

Exploring the creation of a formal mentoring program;
Conducting audits for processes and procedures;
Educating staff on emerging technology; and
Developing guidelines for social media postings.

BUDGET IMPACT
Sufficient amounts were included in the Police Department's FY 2021-22 General Fund budget for the strategic plan update.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Police Department Strategic Plan 2022-2025
Project 2022 - 2025

STRATEGIC
PLAN
10 JANUARY 2022
C
YPRESSPD.ORG
2 Table of Contents
CYPRESSPD.ORG
Chief’s Message
Mission, Values, Vision
Department Goals and Strategies
Goal 1: Create a Department Succession Plan
Goal 2: Enhance Workplace Procedures
Goal 3: Enhance Our Technology Plan
Goal 4: Improve Internal and External Communication
5 6
7 7
11 13
15 3
C
YPRESSPD.ORG
4 It’s my honor to present the Cypress Police Department’s 2022-2025 Strategic Plan. While it focuses on the next three years, it serves as a roadmap of development and improvement that will continue well past 2025.

This plan is the product of a candid and collaborative effort of our staff. They have crafted a plan that is a catalyst for growth and improved delivery of services in our city.

I’m also excited about this plan as it’s my first formal plan as your Chief of Police.While prior plans focused on our efforts in the community, we’ve discussed that we can improve our performance by creating goals and strategies that will improve those efforts by developing our team.We have taken a close look at what we need to do to improve and look forward to seeing that development moving ahead.

I’m confident that based on my community interactions, staff interactions, and our internal assessment, that we have a very good department. The process of developing a new plan gives us a chance to “look under the hood” to make sure we are doing everything to meet the needs of our staff and city. A regular “tune-up”, just like your car, helps us to keep performing at a high level, now and in the future.

Our plan is a living document that will be regularly reviewed and updated as necessary.

It provides a focus on issues that can improve or ability to provide effective, fair, and transparent policing services in the city of Cypress.

I encourage you to review this plan to gain an understanding of our efforts. We are dedicated to doing our best, for each other and for the city we so proudly and honorably serve.

Mark Lauderback
Chief of Police
CYPRESSPD.ORG
Chief's Message
5 One Team
One Vision

CYPRESS PD MISSION
Our mission is to provide professional public safety
services in partnership with our community.

CYPRESS PD VALUES

CYPRESS PD VISION
Leadership
Through Teamwork and Integrity
CYPRESSPD.ORG 6
The core values are identified as those beliefs and principles that guide decisions and behaviors within the department. The Department’s prior values of Teamwork, Integrity, and Professionalism were supported in the agency, however, members wanted a statement that uniquely reflected what the Department should focus on to best serve the community and the Department. That discussion led to the creation of their value statement:

The creation of the Department’s value statement brought a focus to the importance of a singular vision highlighting leadership at all levels in the Department for maximum performance and effectiveness. The vision needs to be memorable, attainable, and applicable to all in the Department. Reviewing two of the Department’s previous values, the group determined that three key areas comprised its new vision:

STRATEGIES
B
Goal 1: Create a
Succession Plan
Prepare and distribute an anonymous survey
Determine potential vacancies by rank and assignment
Analyze any other results and distribute

1. 2.

3. CYPRESSPD.ORG
Survey staff to forecast
departures/retirements and
distribute results
Incorporate survey results into matrix update
Determine other steps to facilitate professional
development.

1. 2.

Update training matrix and
distribute to all employees
A
B
7 Goal 1: Create a
Succession Plan (cont.)
Determine training, experience, and other criteria for various ranks and assignments by meeting with incumbents and
other methods
Review periodically

1. 2.

CYPRESSPD.ORG
Provide goals for position
candidacy and document
progress in annual evaluations
Research mentoring programs at other
agencies
Determine program elements

1. 2.

Explore creation of a formal
mentoring program
Determine potential needs and
resource needs.

1. Explore the use of special
assignments in Patrol
C
D
E
8 CYPRESSPD.ORG
Goal 1: Create a
Succession Plan (cont.)
Determine what duties and responsibilities need to be
provided
Create a training plan checklist to train appropriate
staff
Evaluate efficiencies

1. 2.

3. Provide cross-training for Records staff to
increase efficiencies
Create a proposed schedule for a rotation of
new hires
Determine a process to ensure new hires
receive a general orientation to each area

1. 2.

Create an "FTO" program for new
hires in Records, CIB, and SIU
F
G
9 CYPRESSPD.ORG
Goal 1: Create a
Succession Plan (cont.)
Include recruitment presentation during Citizens
Academy
Review results periodically

1. 2.

Use the Citizen's Academy as a recruitment H tool for VIPs and Police Aides I
Expected Outcomes
Understanding of future vacancies to aid in the acceleration of training and development
Tracking of progress for staff to reach their goals
Improve staff performance and community service
10 CYPRESSPD.ORG
Goal 2: Enhance workplace
procedures to improve teamwork,
trust, and transparency
Survey other agencies to determine what productivity
metrics are used in the state.

Review current metrics to determine if appropriate in
their current form.

Review results and evaluate options.

1. 2.

3. Create and implement job productivity
metrics throughout the department to
better evaluate performance

STRATEGIES
A
Determine auditing process and procedure.

Establish a timeline and assigned auditor.

Conduct audit and share results.

Review deficiencies as needed.

1. 2.

3. 4.

5. Conduct routine audits of Bureaus, Units,
and programs to confirm service
excellence
BB
11 CYPRESSPD.ORG
Goal 2: Enhance workplace
procedures to improve teamwork,
trust, and transparency (Cont.)
Determine which ranks and assignments shall have
formal expectations.

Determine a method for creating formal expectations,
either by supervisor or other parties.

Review with appropriate entities.

Distribute and review as needed.

1. 2.

3. 4.

Provide formal role expectations to
develop and improve consistency of
leadership
CB
I
Expected Outcomes
Improved timeliness in reporting
Improved accountability at all levels
Improved staff engagement at all levels
12 CYPRESSPD.ORG
Goal 3: Enhance the
Department Technology Plan
Distribute and present the current plan to all staff
Review feedback for possible inclusion in the plan
Update the plan as needed

1. 2.

3. Promote the current department Master A Technology Plan I
B
Review how emerging technology and equipment
information comes to the department
Determine a method to communicate information
throughout the department

1. 2.

Develop a process to educate
department staff on emerging
technology and equipment
B

STRATEGIES
13 CYPRESSPD.ORG
Goal 3: Enhance the
Department Technology Plan
(Cont.)
Provide appropriate training for new C technology and equipment - ongoing I
Expected Outcomes
Understanding of future vacancies to aid in the acceleration of training and development
Tracking of progress for staff to reach their goals
Improve staff performance and community service
14 STRATEGIES
B
CYPRESSPD.ORG
Determine what information needs to be expedited to
briefings
Determine how information will be disseminated and
by whom
Review as needed

1. 2.

3. Identify and implement a process to
get relevant and timely information to
briefings
A
Research processes used by other agencies
Determine needs to be addressed with system
Determine if existing systems meet needs
Develop and test processes to identify best solution
Implement and evaluate

1. 2.

3. 4.

5. 6.

B Develop a timely case evaluation system
Goal 4: Improve Internal and
External Communication
15 CYPRESSPD.ORG
Determine best practices in this area by research
with other agencies
Review and update current guidelines as determined
by research and department need.

Determine user group to have as much operational
coverage as practical to send messages into the
community.

Implement and review

1. 2.

3. 4.

Develop guidelines for social media C postings including authorized users Goal 4: Improve Internal and
External Communication
I
Expected Outcomes
Improved timely communication of important information to briefings
Better case investigation coordination
Improved and more timely social media information to the community
16 CYPRESSPD.ORG
Cypress Police Department
5275 Orange Avenue
Cypress CA 90630
714-229-6600
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Douglas Dancs, Director of Public Works
DATE: 07/11/2022
SUBJECT: Establish Electric Vehicle Charging Station Operations and Fees

RECOMMENDATION

1. Amend the Master Fee Schedule to establish fees for electric vehicle charging at City facilities; and

2. Award a contract to Rexel Energy Solutions, a ChargePoint, Inc. Partner, for a five-year software license at Lexington Park for an amount not to exceed $41,064; and

3. Award a five-year Master Services and Subscription Agreement with ChargePoint, Inc. for the use of ChargePoint services at City-owned charging stations; and

4. Increase estimated revenues in the Cypress Recreation and Park District's General Fund by $15,700 for electric vehicle charging revenue; and

5. Appropriate $15,700 in the Cypress Recreation and Park District's General Fund for costs associated with operating electric vehicle charging stations.

SUMMARY
Public Works installed eight ChargePoint dual-electric vehicle (EV) charging stations (capable of charging 16 vehicles) at Lexington Park. The EV charging fee, in conjunction with the Low Carbon Fuel Standard credits from the State, is designed to recover the cost for the installation, maintenance and operation of the EV charging stations. The EV charging stations at Lexington Park are expected to be operational approximately 30 days after the City Council approves the recommended agreements.

DISCUSSION
The ChargePoint EV chargers installed at Lexington Park are level 2 (240-volts) stations that The ChargePoint EV chargers installed at Lexington Park are level 2 (240-volts) stations that can charge an EV in three to eight hours depending on the vehicle. ChargePoint is the industry leader in networked EV charging stations and has contracts with the cities of Anaheim, Huntington Beach, Orange, Westminster, Lake Forest and Laguna Beach.

Installation of EV charging stations at City facilities helps meet the State's goal of five million zero-emission vehicles on the road by 2030 and 250,000 EV charging stations by 2025.

Maintenance/Management Platform and Master Agreement
The EV charging stations utilize ChargePoint software maintenance and management platform services and require a Master Services and Subscription Agreement (MSSA) with ChargePoint. The ChargePoint app is very easy to use, enabling customers to tap to charge at a ChargePoint station. Visitors to Lexington Park will be able to charge their car (and check the status of their charge at any time) while enjoying the park's amenities.

The cost for five years of ChargePoint's software maintenance and management platform is $41,064 (approximately $8,200 annually), which is paid upfront. The MSSA provides ChargePoint with 10% of fees collected from the EV charging stations. This fee is estimated at $900 per year, but will vary based on usage. Estimated annual costs associated with the Lexington Park EV charging stations are:

Software Maintenance and Management Platform $8,200
Electricity $4,600
Equipment and Maintenance $2,000
10% of Charging Fees $900
Total $15,700
Establishing Charging Station Fees
The recommended fee is designed to recoup all energy costs, transaction fees, equipment installation and maintenance. Most cities use a per kilowatt-hour (kWh) pricing model to cover electrical costs and offset operating costs. The EV charging fee range for public facilities in Orange County and surrounding cities runs from $0.20 kWh to $0.50 kWh. To ensure cost recovery, the following fee is recommended:

City Electricity Cost $0.23 kWh
Equipment/Maintenance Cost $0.10 kWh
Total $0.33 kWh
After three hours of charging, a $5.00 per hour fee is recommended to discourage EV drivers from charging for an extended period of time. The ChargePoint app will notify drivers prior to collecting this fee once the initial three hours have elapsed. Since these are the City's first EV chargers, these costs and fees will be re-evaluated after an initial pilot period.

EV charging stations are also eligible for California Air Resources Board Low Carbon Fuel Standard Credits (LCFS). ChargePoint will assist the City in applying for these credits. These credits contribute meaningfully to the return on investment as the City continues to add EV charging stations to additional facilities. Estimated annual revenues from the Lexington Park charging stations are:

Charging Revenue $8,800
LCFS Credits $6,900
Total $15,700
Future EV Charging Stations and Marketing
The FY 2022-23 Capital Improvement Program includes the installation of EV charging stations at the Civic Center, Senior Center, Community Center and the City Yard. The Master Agreement and newly established rates will apply to these future locations.

The Lexington Park EV charging stations are expected to be available for charging within 30 days. Once the stations are available for use, a marketing campaign via social media, direct mail and e-mail will let residents know the EV chargers are operational.

BUDGET IMPACT
No amounts are included in the FY 2022-23 Cypress Recreation and Park District budget for electric vehicle charging stations. Revenues and expenditures will both be increased by $15,700 in the Cypress Recreation and Park District budget to reflect the impacts of establishing the new EV charging program.

LEGAL REVIEW
The City Attorney has reviewed the MSSA agreement.

APPROVED BY: Peter Grant, City Manager
Attachments
Rexel Quote - Sourcewell Pricing
Chargepoint Master Services and Subscription Agreement
Lexington Park EV Station Locations and Pictures
Quote# CC00002
Date: 6/12/20
Expire Date: 7/30/20
PAGE: 1 of 1
ATTENTION: Jack Wilson JOB NAME & CITY: 5275 Orange Ave, Cypress, CA, 90630 QTY Item # MSRP Buy Price Ext MSRP
Price
Ext Buy
Price
16 CPCLD-COMMERCIAL-5 $ 1,319 $ 1,319 $ 21,104 $ 21,104 8 CT4000-ASSURE5 5yr Prepaid Assure Plan $ 2,495 $ 2,495 $ 19,960 $ 19,960 8 CPSUPPORT-ACTIVE $ 349 $ - $ 2,792 $ -
1 CPSUPPORT-SITEVALID $ 599 $ - $ 599 $ -
TOTAL $ 44,455.00 $ 41,064.00
GRAND TOTAL $ 44,455.00 $ 41,064.00
Signature : Title :

Name (Print) : Date:

Company Name :

Accounts Payable Contact Name :

Accounts Payable Contact Email :

Requested Ship Date:

By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization.

Furthermore, I agree to the below terms and conditions and that this signed quote shall act as a purchase order.

All sales are pursuant to our terms and conditions https://www.rexelusainc.com/terms/RHUSATermsConditionsofSaleRevJanuary1-2018.pdf Applicable taxes and freight extra - All Products are subject to manufacturers return conditions.

THE US GOVERNMENT HAS IMPLEMENTED AN ADDITIONAL AD VALOREM DUTY OF UP TO TWENTY FIVE PERCENT (25%) ON CERTAIN PRODUCTS. REXEL USA IS WORKING WITH MANUFACTURERS AND SUPPLIERS TO UNDERSTAND THE IMPACT OF THIS DECISION, INCLUDING THE SPECIFIC PRODUCTS SUBJECT TO SUCH ADDITIONAL DUTIES AND RESULTING PRICE INCREASES ON THE PRODCUTS IT SELLS.

ACCORDINGLY, ALL ITEMS COVERED BY THIS QUOTATON ARE SUBJECT TO PRICE INCREASES IN EFFECT THROUGH TIME OF SHIPMENT, INCLUDING ANY RESULTING FROM ANY ADDITIONAL AD VALOREM DUTY IMPOSED BY THE US GOVERNMENT. ALL PRODUCTS OR ITEMS SET FORTH ON THIS QUOTATION ARE SUBJECT TO PRICE INCREASES THROUGH TIME OF SHIPMENT UNLESS THIS QUOTATION EXPRESSLY STATES THAT PRICING FOR ANY SUCH PRODUCTS OR ITEMS IS FIRM/FIXED.

Note: Services and Software are for Hardware purchased from PO CC00001 Pricing as per Sourcewell (formaly NJPA) contract #051017 Description
5yr Prepaid Commercial Cloud Plan
Initial Station Activation & Configuration Service includes activation of cloud services and configuration of radio groups, custom groups, connections, access control, visibility control, pricing, reports and alerts. One time initial service per station.

Customer works with their own contractor to perform the construction and station installation. CPSUPPORT-SITEVALID is used to validate that a customer installation has been performed per ChargePoint published requirements. The on-site validation of electrical capacity, transformers, panels, breakers, wiring, cellular coverage and that the station installation meets all ChargePoint published requirements and local codes. A site is defined as a group of stations all connected to the same gateway station. To be used when the customer is not using an O&M Partner or selfvalidating Channel Partner to install their stations. A successful Site Validation is a prerequisite to purchase ChargePoint Assure.

CPSUPPORT-SITEVALID is priced per 5 gateway stations.
5275 Orange Ave 5275 Orange Ave
Cypress, CA, 90630 Cypress, CA, 90630
Quotation

REXEL ENERGY SOLUTIONS
Bill To Address: Ship To Address:

City of Cypress CA City of Cypress CA
Revised 6.19.17
CHARGEPOINT®

MASTER SERVICES AND SUBSCRIPTION AGREEMENT
IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT

BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT (“SUBSCRIBER”) AND CHARGEPOINT, INC., A DELAWARE CORPORATION (“CPI”). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR

OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO

THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES.

1. AGREEMENT.

1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities:
(a) Provisioning of Subscriber’s Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber’s Charging Station(s), if any;
(c) Subscriber’s use of the APIs as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and
(e) Each grant of Rights by a third party to Subscriber.

1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy, as amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference.

Exhibit 1: Flex Billing Terms
Exhibit 2: API Terms
Exhibit 3: Terms Regarding Granting and Receipt of Rights In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement.

2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement:

2.1 “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity.

2.2 "APIs" means, individually or collectively, the application programming interfaces which are made available to Subscriber from time to time, as and when updated by CPI.

2.3 “ChargePoint Connections” shall have the meaning ascribed to it in the applicable data sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI.

Page 2 of 19 ends

Revised 6.19.19

2.4 “ChargePoint®” means the open-platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in order to provide various services to, among others, Subscriber and its employees.

2.5 “ChargePoint Services” means, collectively, the various cloud services offerings (including, without limitation, APIs and application Cloud Plans) made available for subscription by CPI.

2.6 “ChargePoint Application” means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services.

2.7 “Charging Station” means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint.

2.8 "Content" means all data collected or maintained by CPI in connection with the operation of ChargePoint.

2.9 “CPI Marks” means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection with ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint.

2.10 “CPI Property” means (i) ChargePoint, (ii) the ChargePoint Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, (v) the ChargePoint Cards, and (vi) all other CPI-supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services.

2.11 “Documentation” means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line).

2.12 “Effective Date” means the earlier of (a) the date that Subscriber electronically accepts this Agreement, or (b) the date of Subscriber’s first use of the ChargePoint Services.

2.13 “Intellectual Property Rights” means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records.

2.14 “Malicious Code” means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs.

2.15 “Party” means each of CPI and Subscriber.

2.16 “PII” means personally identifiable information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contact or locate Subscriber or such User.

2.17 “Provisioning” means activating Charging Stations, warrantees and Cloud Plans on ChargePoint

2.18 “Rights” means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information available therein in the course of providing services to or on behalf of such Rights Grantor in connection

Page 3 of 19 ends

Revised 6.19.19
with one or more of the Rights Grantor’s Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber’s account and Provisioning Subscriber’s Charging Stations. Such deemed grant may be terminated by Subscriber at any time.

2.19 “Cloud Plan(s)” means subscription plans to the ChargePoint Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing.

2.20 “Subscriber Content and Services” means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, other than Content, ChargePoint Services and CPI Property.

2.21 “Subscriber Marks” means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations.

2.22 “Subscription Fees” means the fees payable by Subscriber for subscribing to any ChargePoint Services.

2.23 “Taxes” shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon.

2.24 “Token(s)” means the serialized proof of purchase of a Cloud Plan that is used by CPI in connection with enabling Services and/or provisioning Charging Stations.

2.25 “User” means any person using a Charging Station.

3. AVAILABLE CHARGEPOINT SERVICES & CLOUD PLANS. A description of the various ChargePoint Services and Cloud Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Cloud Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Cloud Plan at any time and from time to time. Subscription Fees are based on Subscriber’s choice of Cloud Plan and not on actual usage of the Subscription.

4. CPI’S RESPONSIBILITIES AND AGREEMENTS.

4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for:
(i) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscriber’s Charging Stations and infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, administering and supporting the ChargePoint Applications; and (iii) operating ChargePoint in compliance with all applicable laws. CPI will protect the confidentiality and security of PII in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of “cardholder data” (as that term is defined for purposes of the Payment Card Industry – Data Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber’s cardholder data environment.

4.2 LIMITATIONS ON RESPONSIBILITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (i) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or the total number of Charging Stations that comprise ChargePoint; (ii) continuous availability of electrical service to any of Subscriber’s Charging Stations; (iii) continuous availability of any wireless or cellular

Page 4 of 19 ends

Revised 6.19.19
communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (iv) availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network.

5. SUBSCRIBER’S RESPONSIBILITIES AND AGREEMENTS.

5.1 GENERAL.
(a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All ChargePoint Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber’s own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential. Subscriber shall prevent, and shall be fully liable to CPI for, any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber’s Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall immediately notify CPI upon becoming aware of any such unauthorized use. (b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber’s contact information, email address for the receipt of notices hereunder, and billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscriber’s Charging Stations are moved; (iv) the maintenance, service, repair and/or replacement of Subscriber’s Charging Stations as needed, including informing CPI of the existence of any Charging Stations that are non-operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections.

5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (i) it has the power and authority to enter into and be bound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network); (ii) the electrical usage to be consumed by Subscriber’s Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (iii) it has not installed or attached and will not install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way.

5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPI's sole discretion, to obtain CPI-provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual ChargePoint Card recipient is responsible for activating his or her ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card.

5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not:
(a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any Content therein to any third party;

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(b) interfere with or disrupt the ChargePoint Services, servers, or networks connected to the ChargePoint Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services;
(c) restrict or inhibit any other user from using and enjoying the ChargePoint Services or any other CPI services;
(d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or related systems or networks or any data contained therein, or access or use ChargePoint or ChargePoint Services through any technology or means other than those provided or expressly authorized by CPI;
(e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL;
(f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law;
(g) create derivative works based on any CPI Property;
(h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber’s Charging Stations;
(i) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePoint Services or ChargePoint Content, other than copying or framing on Subscriber’s own intranets or otherwise solely for Subscriber’s own internal business use and purposes;
(j) access ChargePoint, any ChargePoint Application or the ChargePoint Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, including, without limitation, in order to build a competitive product or service or copy any features, functions, interface, graphics or “look and feel;”
(k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ChargePoint Services or Content or collect information about ChargePoint users for any unauthorized purpose;
(l) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services;
(m) use any of the ChargePoint Services if Subscriber is a person barred from such use under the laws of the United States or of any other jurisdiction; or (n) use the ChargePoint Services to upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or is prohibited by applicable law, the Agreement or the Documentation.

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5.5 CONTENT.
(a) ChargePoint Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, certain Charging Station-related Content, including Charging Station name and use restrictions, is set by the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber’s use of the Content.
(b) Certain Content may be provided under license from third parties and is subject to copyright and other intellectual property rights ofsuch third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third party-supplied Content. Subscriber’s use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (i) make such Content false, inaccurate or misleading, (ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint® Network Charging Stations.
(d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service.

6. SUBSCRIPTION FEES AND PAYMENT TERMS.

6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPI’sinvoice. All payments shall be made in U.S. Dollars by check, wire transfer, ACH payment system or other means approved by CPI. Customer may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Subscription fees payable to CPI do not include any Taxes imposed thereon, and Subscriber is responsible for any and all such Taxes. All such Taxes shall be set forth on the invoice provided by CPI to Subscriber; provided that, CPI’s failure to include any such Tax on an invoice shall not relieve Subscriber’s liability therefor. Except as otherwise set forth in this Agreement, all payment obligations under this Agreement are noncancelable and non-refundable.

6.2 LATE PAYMENTS. Late payments shall be subject to a charge equal to the lesser of (i) one and one-half percent (1.5%) per month or (ii) the maximum rate permitted by law. Subscriber will reimburse CPI for attorneys’ fees and other expenses reasonably incurred by CPI in the collection of any late payments. If any amount owing by Subscriber under this Agreement is more than thirty (30) days overdue, CPI may, without otherwise limiting CPI’s rights or remedies, (a) terminate this Agreement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute.

7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES.

7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to the CPI Property and any

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improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth in this Agreement.

7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the “Subscriber Property”). No rights are granted to CPI in the Subscriber Property hereunder except as expressly set forth in this Agreement.

7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty-free, nonassignable, non-transferable, and non-exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein.

7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non-assignable, nontransferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services. The foregoing license includes a perpetual and irrevocable right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. CPI shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services.

7.5 ADDITIONAL TERMS REGARDING CPI MARKS.
(a) USE LIMITATIONS. Subscriber shall display the CPI Marks in connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber’s Cloud Plan.

Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations.

From time to time, CPI may provide updated CPI Mark usage guidelines on the ChargePoint Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines.

For any use of the CPI Mark not authorized by such guidelines, or if no such guidelines are provided, then for each initial use of the CPI Mark, Subscriber must obtain CPI’s prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPI's Marks (including any goodwill associated therewith) will inure to the benefit of CPI.
(b) PROHIBITIONS. Subscriber shall not use or display any CPI Mark (or any likeness of a CPI Mark):
(i) as a part of the name under which Subscriber’s business is conducted or in connection with the name of a business of Subscriber or its Affiliates; (ii) in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel;

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(iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePoint Services, or in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI;
(iv) in any manner that violates any law or regulation; or (v) that is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI. (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the registration thereof by CPI.
(d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks.

8. LIMITATIONS OF LIABILITY.

8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR SUBSCRIBER’S USE, WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES NOT WARRANT THAT (A) SUBSCRIBER’S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER’S REQUIREMENTS; (B) ALL CONTENT AND

OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER’S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM OR OTHER

DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER

ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL

CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,

LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,

HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE

USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS

AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.

8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscribershall have any liability whatsoever to the other with respect to damages caused by: (i) electrical outages, power surges, brown-outs, utility load management or any other similar electrical service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the

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inability of a Charging Station to access ChargePoint as a result of any change in product offerings (including, without limitation, the any network upgrade or introduction of any “next generation” services) by any wireless or cellular carrier. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions.

8.4 LIMITATION OF LIABILITY. CPI’s aggregate liability under this Agreement shall not exceed aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability.

8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI

HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE “UNDERLYING CARRIER”). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING

CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER

HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER AGREES TO INDEMNIFY AND HOLD

HARMLESS THE UNDERLYING CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND

ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY

DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION

WITH USE, FAILURE TO USE, OR INABILITY TO USE THE WIRELESS SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT. SUBSCRIBER HAS NO PROPERTY

RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE

THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES.

8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICITONS DO NOT ALLOW THE

LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPI’S LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. TERM, RENEWAL AND TERMINATION.

9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and shall continue until the expiration of all of Subscriber’s Cloud Plans.

9.2 CLOUD PLAN TERM. Each Cloud Plan acquired by Subscriber shall commence as follows:

Each Cloud Plan acquired for use with a new Charging Station will commence on the earlier to occur of (i) the date of Provisioning such new Charging Station, or (ii) one year from the date the Token(s) necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. Upon expiration of the original term, this Agreement will renew automatically for successive one-year terms at the list price applicable thereto, subject to increases (not to exceed 5% annually) and Subscriber’s right to terminate below Should the renewal be cancelled and subsequently be requested to be reinstated by Subscriber, reinstatement will be subject to the payment of Subscription Fees for any lapse period plus reasonable reinstatement fee. If, however, at any time after the original term Subscriber wishes to terminate a Cloud Plan that has been automatically renewed, Subscriber may do so by providing CPI thirty (30) days’ written notice of cancellation and CPI will issue Subscriber a pro-rata refund of any funds paid for periods from the effective date of cancellation to the end of the auto-renewed term. Renewals of Cloud Plans will commence on the date of the expiration of the Subscription being renewed. All other Cloud Plans will commence on the date of activation of such Cloud Plans, but in no event more than one

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year after the date the Token(s) necessary for such activation is made available to Subscriber. Each Subscriber Cloud Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms.

9.3 TERMINATION BY CPI.
(a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber’s receipt of written notice thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber is then in breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber’s subscriptions to ChargePoint Services. (b) CPI may in its discretion suspend Subscriber’s continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has acted in manner that indicates that Subscriber does not intend to, or is unable to, comply with any provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI.

9.4 TERMINATION BY SUBSCRIBER.

This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (i) if CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, or (iii) upon providing thirty (30) days prior written notice.

9.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i)or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro-rata portion of any pre-paid Subscription Fees based upon the remaining Cloud Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. Except as otherwise set forth in this Agreement, in no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Cloud Plan term in which the termination occurs or any prior Cloud Plan term.

9.6 SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement.

10. INDEMNIFICATION. Subscriber hereby agrees to indemnify, defend and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) suffered or incurred by such indemnified parties

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resulting from or arising out of Subscriber’s actual or alleged use (directly, or through a grantee of Rights by Subscriber) of the ChargePoint Services, ChargePoint or Subscriber Content and Services. Subscriber will cooperate as fully as reasonably required in the defense of any claim. CPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Subscriber.

11. GENERAL.

11.1 AMENDMENT OR MODIFICATION. CPI reserves the right to modify this Agreement from time to time. CPI will provide notice of each such modification to Subscriber. Subscriber’s continued use of the ChargePoint Services following such notice will constitute an acceptance of the modified Agreement.

11.2 WAIVER. The failure of either Party at any time to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Party to thereafter enforce that provision or any other provision or right.

11.3 FORCE MAJEURE. Except with respect to payment obligations, neither CPI nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party’s reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Party’s condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts.

11.4 ARBITRATION. This Agreement is to be construed according to the laws of the State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law.

Except with respect to any matter relating to Subscriber’s violation of the intellectual property rights of CPI, any dispute arising from or relating to this Agreement shall be arbitrated in Santa Clara, California.

The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter relating to the intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs.

11.5 NOTICE TO CALIFORNIA CUSTOMERS.
(a) California’s Low Carbon Fuel Standard (“LCFS”) was enacted to ensure that the mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions targets. California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% by 2020.
(b) The ChargePoint Network can track the fueling of electric vehicles, which positively contributes to reducing California’s carbon intensity. If applicable reporting requirements are met, LCFS credits are issued by the California Air Resources Board. An available LCFS credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI.

However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from use of the Charging Stations, but will not claim any available LCFS credits that Subscriber intends to claim.

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If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits.
(c) Subscriber agrees that it will provide CPI with written notice of its intent to claim LCFS credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at [email protected].

11.6 NOTICE TO OREGON CUSTOMERS
(a) Oregon’s Clean Fuel Program (“OCFP”) was created with the purpose of reducing greenhouse gas emissions in the transportation sector. (b) The fueling of electric vehicles, and the operation of the ChargePoint Network, contributes to reducing Oregon’s greenhouse gas emissions and is eligible for OCFP credits, which are issued by the Oregon Department of Environmental Quality. By reporting the amount of electric vehicle fueling, ChargePoint is able to help Oregon track the growing use of electric vehicles in the state, for which ChargePoint will receive OCFP credits.
(c) An available OCFP creditmay be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the OCFP credits are only available to one party. This means any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available OCFP credits generated from use of the Charging Stations, but will not claim any available OCFP credits that Subscriber intends to claim. (d) Subscriber agrees that it will provide CPI with written notice of its intent to claim OCFP credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the OCFP credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim OCFP credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any OCFP credits. All notices shall be provided by email to CPI at [email protected].

11.7 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by Subscriber in Subscriber’s ChargePoint Services account; or (b) if by Subscriber, via electronic mail to [email protected].

11.8 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the ChargePoint Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

11.9 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby.

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11.10 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CPI (not to be unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber.

Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. CPI may assign its rights and obligations under this Agreement.

11.11 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an independent contractor. In performing its obligations under this Agreement, CPIshall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever.

11.12 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings. All purchase orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and conditions of this Agreement, and contain no other term other than the type of Cloud Plan, the number of Charging Stations for which such Cloud Plan is ordered, the term of such Cloud Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail.

Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation shall be incorporated into or form any part of this Agreement, and all such purported terms and conditions shall be null and void.

11.13 COPYRIGHT POLICIES. It is CPI's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

11.14 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or other materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.

11.15 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document.

11.16 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber’s convenience only and that the English language version of this Agreement governs Subscriber’s relationship with CPI. If there is any conflict between the English language version of this Agreement and such translation, the English language version will prevail.

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Subscriber: ChargePoint, Inc.

Name: ___________________________________ Name: Jonathan Kaplan Title:
_____________________________________
Title: General Counsel
Date: ____________________________________ Date:____________________________________ Address:
__________________________________
Address:
254 E. Hacienda Ave
_________________________________________ Campbell, CA 95008

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EXHIBIT 1

FLEX BILLING TERMS
This Exhibit sets forth certain additional terms and conditions (“Flex Billing Terms”) pursuant to which Subscriber may charge Users fees for the use of Subscriber’s Charging Stations. In order to charge such fees, Subscriber must subscribe to a Cloud Plan that includes CPI’s management, collection and/or processing services related to such fees (“Flex Billing”).

1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms:

1.1 “CPI Fees” means a fee, currently equal to ten percent (10%) of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty (30) days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees.

1.2 “Net Session Fees” means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber’s Charging Stations.

1.3 “Session” or “Charging Session” means the period of time during which a User uses Subscriber’s Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencing when a User has accessed such Charging Station and ending when such User has terminated such access.

1.4 “Session Fees” means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes.

2. FLEX-BILLING SERVICE FOR CHARGING STATIONS.

2.1. SESSION FEES. Subscriber shall have sole authority to determine and set Session Fees.

Subscriber shall be solely responsible for determining and charging Session Fees in compliance with all applicable laws and regulations (including without limitation any restriction on Subscriber’s use of perkWh pricing). Subscriber acknowledges that CPI is not responsible for informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations.

2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i) CPI Fees and (ii) to the extent required by Section 3, applicable Taxes.

2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI will remit Net Session Fees to Subscriber , not less than quarterly, provided that the amount due to Subscriber hereunder is at least two hundred and fifty U.S. Dollars ($250) (or, if Subscriber is located in Canada, two hundred and fifty Canadian dollars) or more. Notwithstanding, the foregoing, CPI shall remit any unpaid Net Session Fees, regardless of the amount, to Subscriber at least annually and within thirty (30) days of the expiration or termination

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of this Agreement. All payments shall be made by ACH. In order to facilitate such payments, Subscriber agrees to provide to CPI, or its payment provider, Subscriber’s bank information to enable electronic remittance of the Net Session Fees. If the Subscriber requests payment in a manner other than ACH (e.g., check or wire transfer), Subscriber agrees to bear the reasonable costs related to such request.

3. TAXES. If applicable, Subscriber is responsible for setting pricing on a Tax inclusive basis. CPI is not responsible for remittance of any Taxes on behalf of Subscriber and Subscriber shall be responsible to report and remit any and all applicable taxes whether state, federal, provincial or otherwise; provided that CPI is solely responsible for all Taxes assessable based on CPI’s income, property and employees.

Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority.

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EXHIBIT 2

API TERMS
This Exhibit sets forth certain additional terms and conditions (“API Terms”) governing Subscriber’s use of the APIs in connection with Subscriber’s use of the ChargePoint Services. The API Terms are part of the Agreement, and all such use of the APIs remains subject to the Agreement terms.

1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms.

1.1 "API Implementation" means a Subscriber software application or website that uses any of the APIs to obtain and display Content in conjunction with Subscriber Content and Services.

1.2 “API Documentation” means all Documentation containing instructions, restrictions or guidelines regarding the APIs or the use thereof, as amended and/or supplemented by CPI from time to time.

1.3 “CPI Site Terms” means the Terms and Conditions displayed on CPI’s website, governing use of CPI’s website and the ChargePoint Services by visitors who are not Cloud Plan subscribers.

2. API USE. Subscriber may use the APIs as and to the extent permitted by Subscriber’s Cloud Plan and the API Documentation, subject to the terms and conditions of the Agreement.

2.1 AVAILABLE APIs AND FUNCTION CALLS. The APIs give Subscriber access to information through a set of function calls. The particular APIs and API function calls made available by CPI from time to time (and the Content available through such APIs and function calls) will be limited by Subscriber’s Cloud Plan, and Subscriber’s particular Cloud Plan may not include all APIs and function calls then available from CPI.

2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber’s API Implementation, subject to the following requirements and limitations.
(a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber’s API Implementation as ChargePoint® Network Charging Stations and shall contain the Brand Identifiers required by the API Documentation. In no event shall Subscriber’s API Implementation identify or imply that any Charging Station is a part of any network of charging stations other than ChargePoint.
(b) Subscriber shall keep the Content used by Subscriber’s API Implementation current with Content obtained with the APIs to within every forty eight (48) hours. (c) Content provided to Subscriber through the APIs may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPI’s business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner.
(d) Subscriber shall not:

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(i) pre-fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of improving the performance of Subscriber’s API Implementation if Subscriber does so temporarily, securely, and in a manner that does not permit use of the Content outside of the ChargePoint Service;
(ii) hide or mask from CPI the identity of Subscriber’s service utilizing the APIs, including by failing to follow the identification conventions listed in the API Documentation; or (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

2.3 REQUIRED INFORMATION. Subscriber must:
(a) display to all viewers and users of Subscriber’s API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation;
(b) explicitly state in the use terms governing Subscriber’s API Implementation that, by using Subscriber’s API Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms; and
(c) include in Subscriber’s API Implementation, and abide by, a privacy policy complying will all applicable laws; and
(d) comply with all applicable laws designed to protect the privacy and legal rights of users of Subscriber’s API Implementation.

2.4 REPORTING. Subscriber must implement reporting mechanisms, if any, that CPI requires in the API Documentation.

3. CPI BRANDING REQUIREMENTS AND RESTRICTIONS.

3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPI Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscriber’s API Implementation will include a ChargePoint logo and will state that Subscriber’s application or website is provided, in part, through the ChargePoint Services.

3.2 RESTRICTIONS. Subscriber shall not:
(a) display any CPI Mark as the most prominent element on any page in Subscriber’s API Implementation or Subscriber’s website (except as used in connection with the display of Charging Stations); or
(b) display any CPI Mark anywhere in Subscriber’s API Implementation or on Subscriber’s website if Subscriber’s API Implementation or website contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

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EXHIBIT 3

TERMS REGARDING GRANTING OF RIGHTS
This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights (“Rights Terms”). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitted pursuant to the Rights Terms remains subject to the Agreement.

1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply.

1.1 “Rights Grantor” means Subscriber.

1.2 “Rights Grantee” means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber’s access to Services.

2. TERMS. This Section governs Subscriber’s granting of Rights as a Rights Grantor.

2.1 LIMITED RIGHTS. A Rights Grantee’s right to access and use the ChargePoint Services for and on behalf of a Rights Grantor is limited to the specific Rights granted by such Rights Grantor to such Rights Grantee. Such Rights may be limited according to the Cloud Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to it through the Cloud Plan(s) to which it has subscribed.

2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber’s indemnification obligation pursuant to Section 10 thereof).

Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly.

2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Grantor to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement.

Further Rights Grantor agreesto indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) suffered or incurred by such indemnified parties resulting from or arising out of such agreement. 16 Level 2 EV Charging Stations
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Douglas Dancs, Director of Public Works
DATE: 07/11/2022
SUBJECT: Accept the Arnold Cypress Park Preliminary Design

RECOMMENDATION

1. Accept the Arnold Cypress Park preliminary design; and

2. Amend the Seven-Year Capital Improvement Program (CIP) to update the funding for Arnold Cypress Park Rehabilitation; and

3. Conduct additional public outreach to refine the preliminary design.

DISCUSSION
Arnold Cypress Park was built in 1949 and expanded from seven acres to its current 14.55 acres 1963. The 73 year-old park has undergone very few major upgrades. In the last 20 years, its only capital improvements were the community room and picnic renovation and roller hockey rink installation in 1998 and converting the roller hockey rink to pickleball courts in 2019. While the park is operational, its layout is inefficient, creates public safety challenges and overdue for major rehabilitation.

In January 2020, City Council retained a park design architect to lead a community reimagining of Arnold Cypress Park. Three community meetings targeting residents, youth sports groups, and other interested parties collected input from 45 participants and 645 surveys. In October 2020, the City Council reviewed the outreach, developed a list of preferred park amenities, and directed Arnold Cypress Park's primary purpose remain the home of Cypress Girls Softball.

PARK DESIGN
In February, City Council awarded a park design contract to MIG. MIG reviewed the community outreach, solicited input from Cypress Girls Softball, and coordinated design with Public Works and Recreation and Community Services. The recommended preliminary design reflects input from the community and includes:

Four softball fields ranging from 175 feet to 225 feet from home plate to the outfield, which is consistent with standards for fast pitch softball which is consistent with standards for fast pitch softball Lighting for three of the four softball fields
Six bullpens and three batting cages
Bleacher seating
Eight lighted pickleball courts
One lighted full-court basketball court
Walking/jogging trail
Children's play area
Fitness area
Restroom building
Concession building
Storage building
Picnic amenities (pavilions, benches, tables, barbecues, etc.) Approximately 260 parking spaces, including electric vehicle charging stations Security
Working with the Police department, the reimagined park was designed with Crime Prevention Through Environmental Design principles. Security features include cameras to deter crime and monitor the park, area lighting, and the strategically placed buildings/structures that increase visibility into the park and minimize hiding areas.

Lighting
The existing park includes lighting for one softball field. The recommended preliminary design includes LED lighting for three fields, with poles up to 80 feet tall. Tall poles minimize glare and spill light by directing the light downwards rather than outwards. LED lights reduce energy and maintenance costs by up to 85% compared to traditional sports field lighting.

Lexington Park features of two 80-foot and four 70-foot tall LED light poles and responses from the adjacent neighborhood have been positive.

SCHEDULE
Recreation and Community Services will conduct additional outreach to refine the preliminary design before initiating final design. Final plans and specifications will return for City Council consideration next spring/summer. Construction is scheduled to begin at the end of the 2023 softball season (next summer) and will take 12-14 months. Arnold Cypress Park should reopen for the 2025 softball season. RCS, Cypress Girls Softball and Anaheim Union High School District are working on temporary facilities for the 2024 season.

Outreach on Preliminary Design: July 2022 - August 2022 Final Design: August 2022 - March 2023
Solicit Bids: Spring 2023
Award Construction Contract: Summer 2023
Grand Opening: Early-2025
CONSTRUCTION COST AND BUDGET
The original construction estimate, including construction management/inspection and contingency, was $15 million. The project was funded with a loan between the City's Infrastructure Fund and the Recreation and Park District. Unfortunately, commercial construction volatility and inflation increased the construction estimate to $20 million. Public Works and RCS undertook a comprehensive effort to reduce construction costs while preserving the project's intent (reimagining Arnold Cypress Park as the home to Cypress Girls Softball in a way that addresses public safety challenges inherent in its existing layout).

However, because the park's existing layout must be altered to address public safety, phasing improvements proved impractical. Efforts to reduce the project scope to maintain the existing $15 million budget resulted in designs that did not achieve the City Council's goals and that were below standard for new recreation facilities.

As cost reduction options are less than desirable, and because the City has sufficient reserves to increase its loan to the District, it is recommended the City Council increase the project budget and loan from $15 million to $20 million. It is expected the District will repay the loan within 20 years.

ALTERNATIVES
Should the City Council choose not to increase the project budget, it is recommended that another preliminary design with a $15 million budget be presented for City Council consideration in August. At a minimum, that design will:

Reduce lighted softball fields from three to one
Reduce softball bullpens from six to three
Eliminate batting cages
Reduce spectator seating and reuse existing park metal bleachers Eliminate scoreboards
Reduce lighted pickleball courts from eight to six
Eliminate the lighted basketball court
Eliminate the fitness area
Eliminate the concession stand
Reduce landscaping (trees and shrubs)
Reduce picnic amenities (pavilions, benches, tables, barbecues, etc.) The City Council may also:

1. Provide direction on changes to the recommended preliminary design.

2. Reject the preliminary design and provide an alternative direction.

BUDGET IMPACT
The CIP includes $20 million for Arnold Cypress Park construction in FY 2023-24. The City Council approved a $15 million loan from the City to the District and the remaining $5 million is unfunded. The City's Infrastructure Fund has sufficient available fund balance to increase the loan to the District from $15 million to $20 million without impacting any projects contemplated in the Seven-Year CIP.

The District's annual residual Property Tax Increment revenues will repay the loan.

Repayment is expected to take approximately 20 years. The City and District will memorialize the loan through a Repayment Agreement and Promissory Note once total project costs are known. This is the same process the City and District used to fund Lexington Park, although a different District revenue source will be used to repay the Arnold Cypress Park loan. The District's ongoing debt service obligation may limit its ability to make improvements to other facilities.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Preliminary Design
CIP Amendment
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JUNE 2022
MIG
MOORE IACOFANO GOLTSMAN, INC.
109 W. UNION AVE.

FUU.ERTON, CA 92832
TEL 714/871-3638
FAX 714/871-1188
www.mlgcom.com
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CYPRESS, CA

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Project Title Arnold Cypress Park Rehabilitation - Construction Fund# 212 Category 90000 PARK PROJECTS
Project Description and Constructio n of the Arnold Cypress Park Rehabilitation Project. f ustift:ation
• Project Funding
Funding
Funding FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 Source Budget Year2 Year3 Year4 YearS Year6
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CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Peter Grant, City Manager
DATE: 07/11/2022
SUBJECT: Approve an Amendment to the City Manager Employment Agreement

RECOMMENDATION
Approve the Second Amendment to the Amended and Restated City Manager Employment Agreement.

DISCUSSION
The City Council conducted the City Manager's annual performance evaluation and salary review at its June 27 meeting. Recognizing the city's operational and financial achievements, the City Council directed the City Attorney to prepare the attached amendment to the City Manager employment agreement. The amendment reflects the City Council's confidence in the City Manager and its assessment that city operations are effective and efficient, the executive management team is functioning at a high level, and organizational morale and support for city management is strong. During the last year, some of the city's accomplishments include:

Opening Lexington Park
Modernizing the Police station
Earning multiple awards for financial management
Ranking as one of the safest cities in California
Introducing a grant-funded School Resource Police Officer into our high schools and junior high school
Adopting the updated Housing Element
Launching the Neighborhood Preservation Program, Citizens Academy, and Business Park Modernization
Receiving overwhelmingly positive Community Survey ratings Debuting The Progress newsletter
Partnering with community organizations to create Celebrate Cypress month in October Attracting a Trader Joe's grocery store.

The Second Amendment: i) extends the term of the Agreement for one year to July 31, 2027; ii) provides Cost of Living Adjustments (COLA) to match any COLA that may be provided to the City’s executive management employees beginning following this Second Amendment; the City’s executive management employees beginning following this Second Amendment; iii) extends the number of days within which the City Manager may not be terminated following any City Council election from 90 days to 150 days; iv) increases severance for termination without cause from nine months to 12 months; v) adds language to be included in the severance and general release agreement upon the City Manager’s separation regarding non-disparagement; vi) returns to the City Manager 246.3326 unused hours of Paid Time Off (PTO) leave donated by the City Manager to the COVID-19 pandemic catastrophic leave bank; vii) converts the City Manager’s PTO to vacation and sick leave and provides that the City Manager will accrue vacation leave and sick leave instead of PTO going forward at the rate of 13.3334 hours per month for vacation and eight hours per month for sick leave; and viii) provides an Automobile Allowance equivalent to that provided the City’s executive management employees. All other provisions of the City Manager Employment Agreement remain the same.

BUDGET IMPACT
Sufficient amounts are anticipated to be available in the FY 2022-23 General Fund to provide for the Second Amendment and future budgets will incorporate the terms of the agreement.

LEGAL REVIEW
The City Attorney drafted the amendment.

APPROVED BY: Peter Grant, City Manager
Attachments
Second Amendment
01004.0004/802184.13
-1-

SECOND AMENDMENT TO THE AMENDED AND RESTATED

CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN

CITY OF CYPRESS AND PETER GRANT
This SECOND AMENDMENT TO THE AMENDED AND RESTATED CITY

MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND PETER GRANT (the “Second Amendment”) is made and entered into July 11, 2022, by and between the CITY OF CYPRESS, a charter city and municipal corporation (the “City”) and PETER GRANT, an individual (“City Manager”).

RECITALS
WHEREAS, effective September 28, 2020, the City Council of the City (the “City Council”) and City Manager entered into the Amended and Restated City Manager Employment Agreement Between City of Cypress And Peter Grant (the “Agreement”); and WHEREAS, effective July 12, 2021, the City Council and City Manager entered into the First Amendment to the Agreement (“First Amendment”); and WHEREAS, Section 9.3 of the Agreement allows for amendments of and extensions to the Agreement; and
WHEREAS, the parties now desire to further amend the Agreement through this Second Amendment to: i) extend the term of the Agreement for one additional year from July 22, 2026 until July 31, 2027; ii) provide Cost of Living Adjustments (“COLA”) to match (in percentage) any COLA that may be provided to the City’s Executive Employees beginning following this Second Amendment; iii) extend the number of days within which the City Manager may not be terminated following any City Council election from 90 days to 150 days; iv) increase severance for termination without cause from 9 months to 12 months; v) add language to be included in the severance and general release agreement upon the City Manager’s separation regarding nondisparagement; vi) repay to the City Manager 246.3326 unused hours of Paid Time Off (“PTO”) leave donated by the City Manager to the COVID-19 pandemic catastrophic leave bank; vii) convert the City Manager’s PTO to vacation and sick leave and provide that the City Manager will accrue vacation leave and sick leave instead of PTO going forward at the rate of 13.3334 hours per month for vacation and 8 hours per month for sick leave; and viii) provide an Automobile Allowance equivalent to that provided the City’s executive management employees; and WHEREAS, the City Manager desires to accept these employment terms as such from the City and has provided his written consent to the following terms and conditions in this Second Amendment.
01004.0004/802184.13
-2-
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and City Manager hereby agree as follows:

AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. Section 2.2 of the Agreement is hereby amended to read, in its entirety, as follows:
“2.2 Term. The term of this Agreement shall commence as of the Effective Date specified in Section 2.1 and ending at midnight Pacific daylight savings time on July 31, 2027, subject to Sections 2.3, 2.5, 2.6, and/or 2.7. The term of the Agreement may be extended by mutual agreement of the parties in the manner as provided in Section 9.3 of this Agreement.”
SECTION 3. Section 2.6 of the Agreement is hereby amended to read, in its entirety, as follows:
“2.6 Termination Limitation. City and City Manager agree that the scope of City’s limitation upon its right to terminate the employment of City Manager shall be modified from that provided in City’s City Charter § 600 to require the following:
“Council may not terminate the employment of City Manager for a period of ninety (90) consecutive days prior to any election to fill any seat on Council or one hundred fifty (150) consecutive days following any election to fill any seat on Council.”
SECTION 4. Subsection 1(a) of Section 3.3 of the Agreement is hereby amended to read, in its entirety, as follows:
“(a) twelve (12) months’ base salary, or, if there are less than twelve (12) months remaining in the Term, an amount equal to the monthly salary of City Manager multiplied by the number of months left on the unexpired Term of the contract (in accordance with Government Code § 53260); and”
SECTION 5. Section 5.1 of the Agreement is hereby amended to read, in its entirety, as follows:
“5.1 Annual Base Compensation. Effective July 9, 2021 (the first day of the first full pay period following July 1, 2021), City agrees to compensate City Manager for his services rendered hereunder at an annual salary of Two Hundred Fifty Five Thousand One Hundred and Fifty Six Dollars ($255,156.00). 01004.0004/802184.13
-3-
Effective July 8, 2022 (the first day of the first full pay period following July 1, 2022), City agrees to compensate City Manager for his services rendered hereunder at an annual salary of Two Hundred Sixty Two Thousand Eight Hundred and Ten Dollars ($262,810.00).

Following approval of the Second Amendment, City shall provide City Manager any COLA or compensation increases in an amount equivalent to any across-the-board COLAs or compensation increases the City Council determines, in its discretion, to provide to the City’s executive management employees.

Likewise, City Manager’s compensation shall be reduced in an amount equivalent to any across-the-board salary reduction imposed on the City’s executive management employees.

Effective July 7, 2023 (the first day of the first full pay period following July 1, 2023), City agrees to provide City Manager a three percent (3%) salary increase to his then-current salary.

City Manager’s salary may be adjusted, from time-to-time, in accordance with Section 5.3 hereinafter, or as this Agreement may be amended. Such salary shall be payable in installments at the same time as other executive management employees of City are paid. Such salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.” SECTION 6. Section 7.2, entitled “Automobile Allowance” shall be amended to read, in its entirety, as follows:
“7.2 Automobile Allowance. City Manager shall be afforded a vehicle allowance in an amount equivalent to that provided to all Executive Management Employees as set forth in the then-current version of the City of Cypress Schedule of Benefits - Executive and Mid-Management Employees which was most recently updated on September 13, 2021 pursuant to City Council Resolution 6859 (“Executive Employee Benefits Resolution”), in full compensation for usage of City Manager’s personal vehicle for City-related business. (The current vehicle allowance amount is Four Hundred Dollars ($400.00) per month.) City Manager shall be responsible for paying all lability, property damage and comprehensive insurance coverage on any vehicle he uses in the performance of his duties as City Manager as well as all purchase, operation, maintenance and repair costs for such vehicle(s).”
SECTION 7. Section 7.4, entitled “Paid Time Off or ‘PTO’ Benefits” shall be re-titled as “Vacation and Sick Leave” and shall be amended to read in its entirety as follows:
“7.4 Vacation and Sick Leave.
01004.0004/802184.13
-4-
(1) Return of COVID-19 PTO Donation. During 2020 and 2021, City Manager donated a total of 250 hours of his Paid Time Off (“PTO”) Leave then on the books to the City’s pandemic catastrophic leave bank. Currently, 246.3326 of the hours the City Manager donated remain in the City’s pandemic catastrophic leave bank. Effective July 22, 2022, the 246.3326 PTO hours shall be returned to City Manager. City Manager. City Manager shall elect, no later than July 31, 2022, to either cash out the returned PTO hours or to convert such hours to vacation or sick leave hours.

Any cash out of returned PTO hours shall be calculated using City Manager’s then-current rate of compensation.
(2) Conversion of PTO to Vacation and Sick Leave. Effective July 22, 2022, City Manager’s PTO hours on the books as of that date (494 hours) shall be converted to vacation and sick leave hours as follows: 306 hours as vacation leave (62%) and 188 hours as sick leave (38%).

Thereafter, City Manager shall no longer accrue PTO but will instead accrue vacation and sick leave as set forth in subsections (3) and (4) below.
(3) Vacation Leave. Effective July 22, 2022, City Manager shall accrue vacation leave at the highest accrual rate provided to all Executive and Mid-Management Employees as set forth in the then-current version of the Executive Employee Benefits Resolution, which is currently

13.3334 hours per month.

City Manager shall not accrue vacation leave in excess of 360 hours.

City Managershall be eligible for vacation leave cash out annually as provided to the City’s Executive and Mid-Management Employees as set forth in the then-current version of the Executive Employee Benefits Resolution and subject to the terms and conditions set forth therein.

Currently, City Manager may elect to cash out up to 80 hours of vacation leave in a calendar year, provided he has taken at least 40 hours of vacation leave in the preceding calendar year.

Upon separation, City Manager shall be paid in a lump sum all accrued vacation leave on the books then remaining.
(4) Sick Leave. Effective July 22, 2022, City Manager shall accrue sick leave at the highest rate provided to the City’s Executive and Mid-Management Employees, which is currently 8 hours per month.

City Manager shall be eligible for sick leave cash out annually and upon separation or retirement as provided to the City’s Executive and Mid-Management Employees as set forth in the then-current version of the Executive Employee Benefits Resolution and subject to the terms and conditions set forth therein. The current sick leave cash out benefits provided pursuant to the Executive Employee Benefits Resolution are summarized as follows:
a. Annual sick leave cash out. If City Manager has a minimum of 240 hours of accrued sick leave on the books as of December 1st in a given year, then he may elect prior to 01004.0004/802184.13
-5-
December 15th of that year to cash out up to 48 hours of sick leave at 100% of his current rate of compensation, to be paid out during the subsequent December’s special payroll. In the event City Manager has between 120 hours and 240 hours of accrued sick leave on the books as of December 1st in a given year, then he may elect prior to December 15th of that year to cash out up to 48 hours of sick leave at 50% of his current rate of compensation, to be paid out during the subsequent December’s special payroll. b. Cash out upon retirement or separation. Upon separation or retirement, in the event City Manager has a minimum of 480 hours of accrued unused sick leave, then he shall be entitled to receive fifty percent (50%) payment for that accumulated leave. In the event City Manager has between 240 and 480 hours of accrued unused sick leave at the time of separation, then he shall be entitled to receive fifty percent (50%) payment for any hours above 240 hours. No payment of unused sick leave will occur if the City Manager has less than 240 hours.

SECTION 8. A new section 9.13 shall be added to the Agreement, to read in its entirety as follows:
“9.13 Modification to Exhibit “A”, Form Severance Agreement and General Release. In the event that upon City Manager’s separation, City and City Manager enter into a Severance Agreement and General Release, the form of which is attached to this Agreement as Exhibit “A”, that Severance Agreement and General Release Agreement shall include the following language pertaining to communications related to City Manager separation:

The Parties agree and commit to a mutual non-disparagement agreement as follows. The City agrees that it will not make any written or verbal statements on behalf of the City that disparages City Manager. The City further agrees that its current elected officials, while serving as an elected official of the City, will not make any disparaging comments about City Manager. City Manager agrees that he will not make any written or verbal public statements, to any person or entity, that are disparaging about the City, including its current elected officials. This section shall not be construed to prohibit the City from complying with the requirements of a request for records under the Public Records Act, California Government Code §6250 et seq. The Parties agree to draft a joint press release or statement, the content of which is mutually agreeable to the City and the City Manager. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry.
01004.0004/802184.13
-6-
SECTION 9. Except as expressly amended by the First Amendment and this Second Amendment, the underlying terms, conditions, and compensation of City Manager by City as and for his employment as City Manager shall be as set forth in the Agreement.

IN WITNESS WHEREOF, the CITY OF CYPRESS has caused this Second Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and CITY MANAGER has signed and executed this Second Amendment, both in duplicate.

CITY OF CYPRESS
_____________________________
ATTEST: Paulo Morales, Mayor
__________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
__________________________________
Fred Galante, City Attorney

CITY MANAGER
______________________________

PETER GRANT
Dated:_________________________
[END OF SIGNATURES]
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Peter Grant, City Manager
DATE: 07/11/2022
SUBJECT: Receive and File a Public Records Act Request from Council Member Marquez

RECOMMENDATION
Receive and file a Public Records Act request from Council Member Marquez.

DISCUSSION
On July 1, the city received a Public Records Act request (attached) from Best Best & Krieger LLP on behalf of Council Member Marquez. The request seeks 15 different categories of records and includes a litigation hold for records relating to Valley Vista Services. The City Clerk and special legal counsel are assessing the request and estimate it will take hundreds of hours and cost tens of thousands of dollars to process.

BUDGET IMPACT
State law requires the city to fulfill all Public Records Act requests and the State does not reimburse the city for staff, legal or opportunity costs.

LEGAL REVIEW
The City Attorney and special legal counsel are engaged to respond to the request.

APPROVED BY: Peter Grant, City Manager
Attachments
PRA Request from Council Member Marquez
65462.00001\40287629.1

Bend OR
(541) 382-3011
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Ontario
(909) 989-8584
300 South Grand Avenue, 25th Floor, Los Angeles, CA 90071 Phone: (213) 617-8100 | Fax: (213) 617-7480 | www.bbklaw.com Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Christine N. Wood
(213) 542-3861
[email protected]
File No. 65462.00001
July 1, 2022

VIA ELECTRONIC MAIL
City of Cypress
c/o Fred Galante, City Attorney
5275 Orange Avenue
Cypress, CA 90630
[email protected]
Re: Councilmember Frances Marquez - Public Records Act Request to the City of Cypress
Dear Mr. Galante:

As you are aware, Best Best & Krieger LLP represents Councilmember Frances Marquez (“Councilmember Marquez”) as an individual. This public records request, pursuant to the California Public Records Act (“PRA”) (Government Code § 6250, et seq.), is being transmitted to the City of Cypress (“City”) on behalf of Councilmember Marquez. The PRA request seeks the following:
 any and all Form 700s for all current councilmembers from 2012 through present or as applicable depending on the councilmembers’ tenure;  any and all training provided by the city to the current councilmembers related to the Public Records Act from November 2020 through the date this PRA request is received by the City;
 any and all records depicting training provided by the City to the current councilmembers specific to identifying records pursuant to City of San Jose v.

Superior Court (2017) 2 Cal.5th 608;
 any and all communications from City Manager Peter Grant to the city council in which Councilmember Marquez is omitted as a recipient;
65462.00001\40287629.1
City of Cypress
c/o Fred Galante, City Attorney
July 1, 2022

Page 2 ends

 any and all communications from City Manager Peter Grant to Councilmember Marquez from July 1, 2018, through the date this PRA request is received by the City;
 any and all communications pertaining to Alexandra “Alex” Munoz OR a woman living in a white SUV;
 any and all communications pertaining to Sylvia Munoz;  any and all communications with the search terms “Maple Grove North Park” OR “homeless” OR “transient;”
 any and all police reports pertaining to Alexandra “Alex” Munoz;  every PRA request submitted to the city from June 2021 through the date this PRA request, the corresponding 14-day extension correspondence, determination correspondence, production correspondence, and final response correspondence however not the actual records produced;
 any and all communications between City Manager Peter Grant and the domain name “@fortislaw.com” or anyone affiliated with the Fortis LLP;  any and all communications between City Attorney Fred Galante and the domain name “@fortislaw.com” or anyone affiliated with the Fortis LLP;  any and records related to the June 27, 2022, censure of Councilmember Marquez between City Manager Peter Grant, the city councilmembers, and including but not limited to City Attorney Fred Galante;
 any and all communications between City Attorney Fred Galante, City Manager Peter Grant, City council members and Todd O. Litfin of Rutan & Tucker, LLP; and
 a list of every contract and purchase order City Manager Peter Grant awarded using his authority to do so for contracts under $25,000, including the name contractor or consultant awarded the contract, a description service or good provided, the total amount of the contract, and the date the contract was fully executed or the date the purchase order was fulfilled.
65462.00001\40287629.1
City of Cypress
c/o Fred Galante, City Attorney
July 1, 2022

Page 3 ends

Please provide responsive records electronically to Christine Wood and Christina Boltinghouse of Best Best & Krieger LLP at the following email addresses [email protected] and [email protected]. If there is a fee for duplication of physical records please inform us in advance of the proposed cost.

Pursuant to a litigation hold, records in the City’s custody and control including, but not limited to documents, electronically stored information (“ESI”) evidence, records, emails, electronic data, text messages, files and any records, including those in physical, electronic, computerized or in any other form relating to Valley Vista Services are to be preserved and not destroyed, even if destruction is authorized by the City’s records retention guidelines or other policies.

Please feel free to contact me directly should you have any questions or concerns.

Sincerely,
Christine N. Wood
for BEST BEST & KRIEGER LLP
CNW:cmb
cc: Frances Marquez, City of Cypress Councilmember
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Frances Marquez, Council Member
DATE: 07/11/2022
SUBJECT: Discuss Council Member Marquez's Concerns Related to Conflicts of Interest Among the Individuals Who Negotiated the Franchise Agreement for the Provision of Solid Waste and Recycling Services with Valley Vista Services, Inc. dba as Valley Vista Services of Orange County

RECOMMENDATION
Discuss and provide direction.

DISCUSSION
At the June 27 City Council meeting, Council Member Marquez requested the City Council discuss her concerns related to conflicts of interest among the individuals who negotiated the Franchise Agreement for the Provision of Solid Waste and Recycling Services with Valley Vista Services, Inc. dba as Valley Vista Services of Orange County.

Mayor Pro Tem Hertz-Mallari and Council Member Peat requested communications to and from the State of California Fair Political Practices Commission (FPPC) related to the complaint from a resident that Mayor Pro Tem Hertz-Mallari and Council Member Peat had a conflict of interest when the City Council made decisions regarding the Solid Waste Franchise Agreement be attached. The FPPC reviewed the complaint, determined the complaint failed to establish any conflict existed, and did not pursue the complaint. The minutes from the February 14, 2022, City Council meeting are also attached.

BUDGET IMPACT
None.

LEGAL REVIEW
None.

APPROVED BY: Peter Grant, City Manager
Attachments
FFPC Complaint Resolution
City Response to FPPC
City Council Minutes Feb. 14 2022

STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
1102 Q Street • Suite 3000 • Sacramento, CA 95811
February 2, 2022
George Pardon

Re: Complaint No. COM-01192022-00138; City of Cypress, Peat, Hertz-Mallari Dear Mr. Pardon,
This letter is in response to the sworn complaint you submitted to the Enforcement Division of the Fair Political Practices Commission regarding the above-named individuals. Your complaint alleged that Cypress City Councilmembers Ann Hertz-Mallari and Jon Peat had a conflict of interest when they made decisions regarding the City’s contract (and contract amendments) with Valley Vista Services (VVS).

Under the Political Reform Act, a public official has a disqualifying conflict of interest in a governmental decision if it is reasonably foreseeable that the decision will have a financial impact on their personal finances or other financial interests.1 The facts and information in your complaint failed to establish that either Hertz-Mallari or Peat had financial interests that would have been effected when they made or participated in making decisions regarding VVS.

Sincerely,
Angela J. Brereton
Angela J. Brereton, Chief
Enforcement Division
AJB:gal
cc: Fred Galante o/b/o City of Cypress, Peat, Hertz-Mallari 1 Section 87100
Fred Galante
[email protected]
(949) 250-5410
18881 Von Karman Avenue,
Suite 1700
Irvine, CA 92612
P (949) 223-1170
F (949) 223-1180

01004.0001/764039.1
February 1, 2022
VIA E-MAIL AND U.S. MAIL
Ginny Lambing
Enforcement Division
Fair Political Practices Commission
1002 Q Street, Suite 3000
Sacramento, CA 95811
E-Mail: [email protected]
Re: Complaint No. COM-01192022-00138; City of Cypress, Peat, Hertz-Mallari Dear Ms. Lambing:

This letter is sent on behalf of the City of Cypress, Mayor Pro Tem Anne Hertz-Mallari and Council Member Jon Peat, and the undersigned. It is sent in response to your letter to the City of Cypress, c/o the undersigned, Mayor Pro Tem Hertz-Mallari and Council Member Peat, dated January 20, 2022. Thank you for both communications and your continued efforts to ensure the public trust is maintained by local decision makers. We have the same commitment, as will be evident from the below description of the facts involving the subject complaint.

Summary of Allegations
The referenced complaint (Complaint) correctly states (i) Mayor Pro Tem Hertz-Mallari is a long-time Executive Director of the Boys and Girls Club of Cypress (B&G Club) and is now the CEO of the Boys and Girls Club of Greater Anaheim and Cypress and (ii) Council Member Peat is a non-compensated member of the Board of Directors of the B&G Club. Mayor Pro Tem Hertz-Mallari’s salary for serving in the above position is sufficient to make the Boys and Girls Club of Greater Anaheim and Cypress (B&GCGAC) a source of income to her. In addition, the complaint correctly states, George Briggeman, General Manager of Orange County Operations of Valley Vista Services, the City’s solid waste hauler (VVS), is a strong supporter of the B&G Club and he has donated to B&G Club events and VVS has given the B&G Club free trash services for 15 years.1
1 Also, please note, although not mentioned in the Complaint, Mr. Briggeman’s wife recently donated 80 bottles of wine to the B&G Club. As in the situation discussed in Gallagher Advice Letter No. A-19-045, the donation of the wine to B&G Club did not create a financial interest in VVS, or Mrs. or Mr. Biggeman for Mayor Pro Tem Hertz-Mallari or Council Member Peat, because neither official received any personal benefit and the donation was made to a non-profit organization.

Ginny Lambing
February 1, 2022

Page 2 ends

01004.0001/764039.1
The Complaint alludes to concerns regarding several Council actions relating to VVS. Two concerns are regarding 2017 decisions, in which Council Member Peat participated, relating to “an extraordinary adjustment to [Valley Vista Services’ solid waste hauling] contract which included service reductions and rate increases”2
and an extension of “the contract with [VVS] for
2 years making it a 12-year contract.” Another concern relates to the October 26, 2020, Council decision to appoint then Council Member Paulo Morales and Council Member Peat to serve on the two-person subcommittee to review VVS’s request “to build a trash transfer station and a Compressed Natural Gas facility on the City Yard in order to reduce [VVS’s] costs further. The final concerns relate to the Council’s consideration on January 24, 2022, to amend VVS’s contract to include an adjustment “increasing the recycling cost because [VVS] says they are losing money on it,” as well as “a substantial increase to the cap on annual CPI increases and probably the most egregious change is an extension to the contract to 2037. The original contract was a 10-year contract with an allowance for a 2-year extension and 2 one-year extensions. This would have allowed a total of 14 years. With these new changes, this will end up being a 22-year contract without going out to bid.”
Analysis
Under Section 871003, a public official may not make, participate in making, or use his or her official position to influence a governmental decision in which the official has a financial interest. A public official has a “financial interest” in a governmental decision, within the meaning of the Act, if it is reasonably foreseeable that decision will have a material financial effect on one or more of the public official’s interests. (Section 87103; Regulation 18700(a).) Section 87103 identifies interests from which a conflict of interest may arise and includes:
• A business entity interest, where the public official has a direct or indirect investment worth$ 2,000 or more (Subdivision 87103(a).); or in which the official is a director, officer, partner, trustee, employee, or holds any position of management (Subdivision 87103(d).)
• An interest in a source of income, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made. (Subdivision 87103(c).) 2 Quotations are from the Complaint.
3 The Political Reform Act (PRA) is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission (Regulations) are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

Ginny Lambing
February 1, 2022

Page 3 ends

01004.0001/764039.1
• An interest in any donor, or any intermediary or agent for a donor, of a gift or gifts aggregating $500 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. (Subdivision 87103(e).

Council Member Peat:

The B&G Club is not a business entity, as defined by Section 82005, because it is a 501(c)(3) non-profit organization. In addition, because Council Member Peat is not receiving any income, as defined by Section 82030, the B&G club is not a source of income to him4 . Also, the donation
of 80 bottles of wine by Mr. Briggeman’s wife and free trash services provided to the B&G Club by VVS for the last 15 years were not provided to, received by, or promised to Council Member Peat nor were they given contingent on Council Member Peat participating in or influencing, favorably or unfavorably, any of the above-referenced decisions of the City Council related to VVS.

Reference is also made to Maleck Advice Letter A-80-06-031 and Peak Advice Letter I-14-028, both of which dealt with a public official holding a non-compensated position with a Boys and Girls Club and found no conflict of interest in holding those concurrent positions.

Based on all the foregoing, Council Member Peat has no financial interest in any of the abovedescribed decisions. Therefore, his actions regarding those decisions do not violate the PRA or Regulations.

Mayor Pro Tem Hertz-Mallari
Similar to the above discussion regarding Council Member Peat, the B&GCGAC, is not a business entity, as defined by Section 82005, because it is a 501(c)(3) non-profit organization.

Similar to the situation with Council Member Peat, the donation of 80 bottles of wine by Mr.

Briggeman’s wife to the B&G Club and free trash services provided to the B&G Club by VVS for the last 15 years were not provided to, received by, or promised to Mayor Pro Tem HertzMallari nor were they given contingent on Mayor Pro Tem Hertz-Mallari participating in or influencing, favorably or unfavorably, any of the above-referenced decisions of the City Council related to VVS. Due to Mayor Pro Tem Hertz-Mallari’s employment position with the B&GCGAC, that organization is a source of income to her.

Since, as stated above, the B&GCGAC is a source of income to Mayor Pro Tem Hertz-Mallari, further analysis was done to determine whether that would result in a conflict of interest for 4 Although he does not, even if Council Member Peat were to receive reimbursement for travel expenses and per diem from the B&G Club for activities as a Board Member, that is still not income (Subdivision 82030 (b)(2) ).

Ginny Lambing
February 1, 2022

Page 4 ends

01004.0001/764039.1
Mayor Pro Tem Hertz-Mallari regarding VVS. As stated in Section 87103, the PRA prohibits Mayor Pro Tem Hertz-Mallari from participating in or influencing any decision by the City Council if it is reasonably foreseeable that decision will have a material financial effect on her source of income. Since Mayor Pro Tem Hertz-Mallari’s source of income is a non-profit organization, Regulation 18702.3 (a)(3) applies to determine if a financial effect would be material. The above-referenced decision does not affect any real property owned by the B&GCGAC, so only Regulations 18702.3 (a)(3)(A) and (B) are further discussed. Those decisions regarding VVS would not result in any increase or decrease of the B&GCGAC’s annual gross receipts, or the value of its assets or liabilities (Regulation 18702.3 (a)(3)(A)). Also, the decisions would not cause the B&GCGAC to incur or avoid any additional expenses or to reduce or eliminate expenses in any amount (Regulation 18702.3 (a)(3)(B)).

Based on all the foregoing, Mayor Pro Tem Hertz-Mallari has no financial interest in any of the above-described decisions. Therefore, her actions regarding those decisions do not violate the PRA or Regulations.

Please let us know if you have any other questions to which we could provide additional information.

Very truly yours,

ALESHIRE & WYNDER, LLP
Fred Galante
Cypress City Attorney
FG:krb
c: Honorable Mayor Pro Tem Hertz-Mallari
Honorable Council Member Peat

REGULAR MEETING

CYPRESS CITY COUNCIL
FEBRUARY 14, 2022
6:30 P.M.

A regular meeting of the Cypress City Council was called to order at 6:33 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California.

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
Police Lieutenant Scott Ausmus

ORAL COMMUNICATIONS
None.

CLOSED SESSION
The City Attorney reported that the City Council would meet in Closed Session as follows:

THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957
Consultation with: Cypress Police Department, Chief of Police Mayor Morales recessed the meeting at 6:35 p.m.

CITY COUNCIL MINUTES FEBRUARY 14, 2022

RECONVENE
Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:06 p.m.

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton Director of Recreation and Community Services Jeff Draper City Clerk Alisha Farnell
Director of Public Works Doug Dancs (via teleconference) Director of Recreation and Community Services Jeff Draper (via teleconference) Chief of Police Mark Lauderback (via teleconference)
Planning Director Alicia Velasco (via teleconference)
PLEDGE OF ALLEGIANCE Mayor Morales led the Pledge of Allegiance.

INVOCATION Mike McKay, Neighborhood Church, led the Invocation.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session and held a discussion on the item listed on the Closed Session agenda, Threat to Public Services or Facilities in consultation with the Cypress Police Department, Chief of Police. He stated the City Council received a briefing and no further reportable action was taken.

PRESENTATION
John Heffernan from AT&T provided a presentation on infrastructure upgrades.

ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
CITY COUNCIL MINUTES FEBRUARY 14, 2022
Malini Nagpal, Cypress, spoke in opposition to Agenda Item No. 18.

Harumi, Cypress, spoke in support of flag policy approved at January 24, 2022 City Council meeting.

Marilyn Reames, Cypress, spoke in oppositions to Agenda Item No. 18.

Sangeeta Swendson, Cypress, spoke in opposition to Agenda Item No. 18.

Katie Shapiro, Cypress, spoke in opposition to Agenda Item No. 18.

Bob Youngsma, Cypress, spoke regarding City Council behavior during meetings.

Maria Krekos, Cypress, spoke in opposition to Agenda Item No. 18 and spoke in opposition to flag policy.

Ebru Awad, Cypress, spoke in support of approved flag policy.

Beth Culver, Cypress, spoke in support of approved flag policy.

Claire Chiu, Cypress, spoke in support of approved flag policy.

PUBLIC HEARING
Item No. 1: Adopt a Resolution Establishing Lexington Park Rental Rates, Pavilion Rental Rates, Food Truck Rental Rates, and Equipment Storage Rates The Recreation and Community Services Director provided a report on this item.

City Council asked questions of staff.

Mayor Morales opened the public hearing.

Christen Jackson, Cypress, spoke on behalf of AYSO soccer in support of this item.

Sean Clark, La Palma, spoke on behalf of Cypress Friday Night Lights flag football in support of this item.

Mayor Morales asked Council Members to disclose any communications with anyone relevant to the item.

Council Members Marquez, Peat and Minikus disclosed general communication with community members and youth sport organizations.

Mayor Pro Tem Hertz-Mallari disclosed general communication with the Recreation Commissioners, youth sport organizations, and community members.

CITY COUNCIL MINUTES FEBRUARY 14, 2022
Mayor Morales closed the public hearing.

City Council discussion ensued.

It was moved by Council Member Peat, and seconded by Council Member Minikus, adopt a Resolution approving the revised Master Fee Schedule for the Recreation and Park District to establish Lexington Park athletic field rental rates, pavilion rental rates, food truck rental rates, and equipment storage rates, including annual Consumer Price Index adjustments; and dedicate Recreation and Park District revenue arising from the revised Master Fee Schedule for Lexington Park rehabilitation, replacement, and operational costs.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSTAIN: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6874

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX-OFFICIO BOARD OF DIRECTOR OF THE

CYPRESS RECREATION AND PARK DISTRICT AMENDING AND
RESTATING RESOLUTION NO. 6748 ESTABLISHING A MASTER

SCHEDULE OF FEES RELATED TO FEES AND CHARGES FOR

CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES

AND ACTIVITIES

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 Minikus stated that Agenda Item No. 16, the Warrant Register, includes warrant no. 58624 for $572.36 as reimbursement for medical coverage he receives as a CalPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on warrant no. 58624 for the reason disclosed.

Council Member Marquez requested to pull items No. 5, 6, and 7.

Mayor Pro Tem Hertz-Mallari requested to pull items No. 5 and 11.

It was moved by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to approve Consent Calendar Items No. 2 through 4, 8 through 10, and 12 through 16.

CITY COUNCIL MINUTES FEBRUARY 14, 2022
The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSTAIN: 0 COUNCIL MEMBERS: None
Item No. 2: Receive and File Public Comments Submitted for the February 14, 2022 City Council Meeting
Recommendation: Receive and file submitted public comments.

Item No. 3: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 4: Approve Minutes – Meetings of January 10, 2022 and January 19, 2022 Recommendation: Approve as submitted.

Item No. 8: Adopt a Resolution Authorizing Execution of Caltrans Local Assistance Documents Associated with State and Federal Grant Funds Recommendation: Adopt a Resolution authorizing the Director of Public Works to execute Caltrans Local Assistance documents associated with State and Federal grantfunded projects.

RESOLUTION NO. 6875

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, CITY

ENGINEER, OR DESIGNEE TO APPROVE AND EXECUTE CALTRANS

LOCAL ASSISTANCE DOCUMENTS ASSOCIATED WITH STATE AND

FEDERAL GRANT FUNDING
Item No. 9: Adopt a Resolution Updating the Signature Authority for CalRecycle Payment Programs
Recommendation: Adopt a Resolution updating signature authority from the Community Development Director to the Public Works Director for CalRecycle Payment Programs and related authorizations.

RESOLUTION NO. 6876

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

AUTHORIZING SUBMITTAL OF AN APPLICATION FOR PAYMENT

PROGRAMS AND RELATED AUTHORIZATIONS
CITY COUNCIL MINUTES FEBRUARY 14, 2022
Item No. 10: Adopt a Resolution and Authorize Letters in Support of Federal Perand Polyfluoroalkyl Substances Legislation that Protects Water/Wastewater Agencies
Recommendation: Adopt a Resolution and authorize letters in support of Federal per- and polyfluoroalkyl substances legislation that protects water/wastewater agencies.

RESOLUTION NO. 6877

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS

RATEPAYERS AND WATER/WASTEWATER AGENCIES
Item No. 12: Accept the Maintenance Yard Restroom and Locker Room Rehabilitation, Project 273
Recommendation:

1. Accept the Maintenance Yard Restroom and Locker Rehabilitation, Project 273, in the amount of $80,334.19 and approve the final payment of $4,016.71 to MEP Construction Services; and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

Item No. 13: Accept the Senior Center Restroom Improvements, Project 284 Recommendation:

1. Accept the Senior Center Restroom Improvements, Project 284, in the amount of $213,412.36 and approve the final payment of $10,670.62 to OCLA Construction; and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

Item No. 14: Approve an Agreement for the Salute to America Celebration Pyrotechnics
Recommendation: Approve a three-year agreement with Fireworks & Stage FX America, Inc. for pyrotechnics at the annual Salute to America Celebration not to exceed $75,000 ($25,000 annually), with an option for two one-year extensions.

Item No. 15: Approve the Purchase of a Showmobile
Recommendation:

1. Authorize the purchase of a showmobile from Century Industries, LLC for $179,234; and
CITY COUNCIL MINUTES FEBRUARY 14, 2022

2. Appropriate $10,000 in the District’s Capital Replacement Fund; and

3. Transfer $10,000 from the District’s General Fund to the Capital Replacement Fund.

Item No. 16: Approve Register of Warrants, Transfers, and Wires Issued for the Period of January 8, 2022 through January 28, 2022
Recommendation: Approve the attached payment register summarized below for the period of January 8, 2022 through January 28, 2022:
 Electronic Funds Transfers 10392 through 10514
 Warrants 58554 through 58690
 Payroll Transfers W1466 through W1467

END OF CONSENT CALENDAR
Regarding Item No. 5: Receive and File the Fiscal Year 2021-22 Mid-Year Budget Report and Approve Budget Adjustments
Council Member Marquez commented on this item.

Mayor Pro Tem Hertz-Mallari commented on this item.

It was moved by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to Receive and file the FY 2021-22 Mid-Year Budget Report; and Approve mid-year budget adjustments:

City
a. Increase appropriations in the General Fund by $222,910 b. Increase appropriations in the Storm Drainage Fund by $19,000 c. Increase appropriations in the Lighting District Fund by $19,000 d. Increase appropriations in the Sewer Fund by 17,710
e. Increase appropriations in the Capital Projects Fund by $22,000 f. Increase appropriations in the Information Systems Fund by $17,000 g. Increase appropriations in the Capital Replacement Fund by $10,000 h. Transfer $17,000 from the General Fund to the Information Systems Fund i. Transfer $10,000 from the General Fund to the Capital Replacement Fund j. Transfer $7,140,000 from the Pandemic Response Fund to the General Fund for eligible FY 2019-20 and FY 2020-21 revenue losses in accordance with the American Rescue Plan Act (ARPA), the City Council approved ARPA spending plan and final U.S. Treasury Guidelines
k. Transfer $3,300,000 from the General Fund to the Infrastructure Fund l. Transfer $3,300,000 from the General Fund to the Employee Benefits Fund m. Approve the receipt of $5,212,325 from the Park District as partial payment on the outstanding repayment agreements and promissory Notes with the City CITY COUNCIL MINUTES FEBRUARY 14, 2022
n. Transfer $17,000 from the General Fund to the Information Systems Fund o. Transfer $10,000 from the General Fund to the Capital Replacement Fund.

Recreation and Park District
p. Transfer $5,212,325 from the Park Development Fund to the General Fund q. Approve a $5,212,325 payment to the City’s Infrastructure fund to apply against the two outstanding Repayment Agreements and Promissory Notes between the City and Park District
The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Regarding Item No. 6: Adopt the FY 2022-23 Budget Calendar Council Member Marquez commented on this item.

City Council discussion ensued.

It was moved by Council Member Peat, and seconded by Council Member Minikus, to adopt the Fiscal Year 2022-23 budget calendar.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
Regarding Item No. 7: Adopt the 2022 State and Federal Legislative Platform Council Member Marquez commented on this item.

City Council discussion ensued.

It was moved by Council Member Marquez, and seconded by Council Member Minikus, to continue this item to the next regular meeting to be held on February 28th, 2022.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY COUNCIL MINUTES FEBRUARY 14, 2022
Regarding Item No. 11: Receive an Update on the Neighborhood Preservation Pilot Program
Mayor Pro Tem Hertz-Mallari commented on this item.

City Council discussion ensued.

It was moved by Council Member Peat, and seconded by Council Member Marquez, to receive an update on the Neighborhood Preservation Pilot Program.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None

NEW BUSINESS
None.

ITEMS FROM CITY COUNCIL MEMBERS
Item No 17: Overview of City Purchasing Policies, Practices and System Council Member Marquez commented on this item.

The City Manager made a statement regarding remarks made by Council Member Marquez at the January 24, 2022 City Council meeting.

The Director of Finance and Administrative Services provided a presentation on this item.

The City Attorney, City Manager and Finance Director answered questions from Council Member Marquez.

City Council discussion ensued.

No action was taken on this item.

Item No 18: City Council Discussion Regarding Placing a Resolution to Censure Council Member Marquez for Disclosure of Closed Session Information on an Upcoming City Council Agenda
Council Member Peat commented on this item and stated he will not request a Resolution to Censure Council Member Marquez.

Council Member Marquez provided comments on this item.

CITY COUNCIL MINUTES FEBRUARY 14, 2022
No action was taken on this item.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Carolyn Balagot, Cypress, expressed support for Council Member Marquez and spoke in opposition of the approved flag policy.

Brittney Cook, Cypress, expressed concerns over City Council communication efforts.

Val Mallari, Cypress, spoke regarding the California Voting Rights Act challenge.

Tamara Micciche, Cypress, expressed concerns with identity politics and City Council behavior at meetings.

Glen Morikawa, Cypress, expressed concerns with City Council behavior at meetings and spoke regarding Agenda Item No. 18. He further stated his opposition to the solid waste franchise amendments.

COUNCIL MEMBER REPORTS AND REMARKS
Council Member Marquez:

Thanked various staff members for their work. Expressed concerns about the distribution of the Event-NewsEnterprise Newspaper. Expressed interest in changing City Council meeting days to Tuesdays. Expressed a desire for the City Council to proceed with a decision on the California Voting Rights Act challenge at the next City Council meeting.

Council Member Minikus:

No Report.

Council Member Peat:

Spoke about a conflict of interest complaint submitted to the Fair Political Practices Commission (FPPC) by Cypress resident George Pardon. Council Member Peat stated the FPPC dismissed the conflict of interest complaint and requested the FPPC’s response letter to Mr. Pardon, dated February 2, 2022, be included in the minutes of this meeting:
“Dear Mr. Pardon, This letter is in response to the sworn complaint you submitted to the Enforcement Division of the Fair Political Practices Commission regarding the above-named individuals. Your complaint alleged that Cypress City Councilmembers Ann Hertz-Mallari and Jon Peat had a conflict of interest when they made decisions regarding the City’s contract (and contract amendments) with Valley Vista Services (VVS).

CITY COUNCIL MINUTES FEBRUARY 14, 2022
Under the Political Reform Act, a public official has a disqualifying conflict of interest in a governmental decision if it is reasonably foreseeable that the decision will have a financial impact on their personal finances or other financial interests. The facts and information in your complaint failed to establish that either Hertz-Mallari or Peat had financial interests that would have been effected when they made or participated in making decisions regarding VVS.

Therefore, after review of the complaint, evidence provided, applicable law, and communication with the Respondent’s legal counsel, the Enforcement Division will not pursue an enforcement action in this matter. If you have any questions, please contact Ginny Lambing. Sincerely, Angela J. Brereton, Chief, Enforcement Division” Council Member Peat thanked the FPPC for their quick response in this matter and made additional comments directed at Mr. Pardon.

Mayor Pro Tem Hertz-Mallari:

Attended the Orange County Fire Authority board meeting and provided an update. Will attend a Library Advisory Board meeting on February 24 and will provide any updates on changes to Library operations at future meetings. Attended a grand opening for Senior Helpers, a home health care service. Addressed the conflict of interest complaint submitted to the Fair Political Practices Commission and requested residents reach out to her directly with questions instead of obtaining information from questionable sources.

Wished everyone a Happy Valentine’s Day.

Mayor Morales:

No Report.

The City Manager requested clarification from Council Member Marquez regarding her comments regarding consideration of the California Voting Rights Act (CVRA) challenge at the next City Council meeting.

Council Member Marquez requested an item be brought forward to make a decision on the CVRA challenge at the February 28 City Council meeting.

Council Member Peat objected.

City Council discussion ensued.

The City Manager stated an item would come forward at the next City Council meeting to discuss whether a Resolution of Intent regarding the CVRA challenge should be added to a future agenda for consideration.

Council Member Marquez consented.

CITY MANAGER REMARKS
CITY COUNCIL MINUTES FEBRUARY 14, 2022

The City Attorney provided a statement of clarification regarding his involvement regarding the Fair Political Practices Commission conflict of interest complaint.

The City Manager announced the Community Forums regarding City Elections will be held on February 15 at 5:00 p.m. at the Navy Golf Course and February 26 at 10 a.m. at the Community Center. He stated that City Hall would be closed on February 21 in observance of Presidents Day. He further stated the grand opening of Lexington Park will be held on March 12. Wished his wife and son a Happy Valentine’s Day.

ADJOURNMENT
Mayor Morales adjourned the meeting at 10:34 p.m. to an adjourned Regular Meeting, to be held on Monday, February 28, 2022, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

Cypress City CouncilJuly 11, 2022

Cypress City Council
July 11, 2022