2021-10-25 159
REGULAR MEETING
CYPRESS CITY COUNCIL
October 25, 2021
6:00 P.M.
A regular meeting of the Cypress City Council was called to order at 6:01 p.m. by Mayor
Peat in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Jon Peat
Mayor Pro Tern Paulo Morales
Council Member Anne Hertz
Council Member Frances Marquez
Council Member Scott Minikus
STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell
ORAL COMMUNICATIONS
None.
CLOSED SESSION
The City Attorney reported that the City Council would meet in Closed Session as follows:
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation — one potential case
Claim of California Voting Rights Act violation from Southwest Voter Education Project
CONFERENCE WITH LEGAL COUSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Sokmen v. City of Cypress, et al.
Case No. 30-2021-01193933
Orange County Superior Court
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Pursuant to Government Code Section 54957
Title: City Attorney, City Clerk, and City Manager
Mayor Peat recessed the meeting at 6:02 p.m.
RECONVENE
Mayor Peat called to order the 7:00 p.m. session of the City Council meeting at 7:12 p.m.
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District
Mayor Jon Peat
Mayor Pro Tern Paulo Morales
Council Member Anne Hertz
Council Member Frances Marquez
Council Member Scott Minikus
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STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton
Director of Public Works Doug Dancs
Chief of Police Mark Lauderback
Planning Director Alicia Velasco
Acting Director of Recreation and Community Services Jeff Draper
City Clerk Alisha Farnell
PLEDGE OF ALLEGIANCE Anthony Munoz, U.S. Navy, led the Pledge of Allegiance.
INVOCATION Brandon Beukelman, West Cypress 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—Anticipated Litigation, significant
exposure to litigation —one potential case, regarding a claim of California Voting Rights Act
violation from Southwest Voter Education Project. He stated the City Council received an
update on the item and no further reportable action was taken.
Regarding the second Closed Session item, Conference with Legal Counsel — Existing
Litigation, the matter of Sokmen v. City of Cypress, et al. The City Attorney reported the City
Council received an update and held a discussion. A motion was made by Mayor Peat and
seconded by Mayor Pro Tem Morales, to enter into a tolling agreement to allow the dismissal
of this matter without prejudice.
The City Attorney reported that the motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
The City Attorney reported that the City Council met in Closed Session regarding Public
Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City
Attorney, City Clerk, and City Manager. He stated a discussion was held and the
performance evaluation of the City Attorney and City Clerk were completed. The City
Attorney further reported that the City Council will recess back into Closed Session following
the open session to discuss the performance evaluation of the City Manager.
PRESENTATIONS
The Chief of Police introduced Officer Nicole Ghattas and Officer Edward Curbelo.
ORAL COMMUNICATIONS
None.
PUBLIC HEARING
Item No. 1: Adopt Resolutions Approving Melia Homes' Citrus Square Senior
Community, Conditional Use Permit Number 2021-03, Tentative Tract Map Number
19147, and a Mitigated Negative Declaration
Mayor Peat asked Council Members to disclose any communications with anyone relevant
to the item.
Mayor Peat disclosed general communication with the applicant.
No other Council Members disclosed communications.
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The Planning Director provided a report on this item.
City Council discussion ensued.
Mayor Peat opened the public hearing.
Mayor Peat invited the applicant to come forward and make a presentation.
The applicant stated they reviewed the proposed conditions and are in agreement.
City Council asked questions of the applicant.
Mayor Peat invited the public to provide comments on this item.
Edwin Kraemer, Cypress, expressed concerns regarding the project.
Jeffrey Grill, Cypress, expressed concerns regarding the project.
The applicant provided final comments.
Mayor Peat closed the public hearing.
It was moved by Mayor Pro Tern Morales, and seconded by Council Member Minikus, to
adopt a Resolution approving Conditional Use Permit No. 2021-03, the Initial
Study/Mitigated Negative Declaration, and Mitigation and Monitoring and Reporting
Program, subject to the attached conditions; and adopt a Resolution approving Tentative
Tract Map No. 19147.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6863
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-03,
FOR THE DEVELOPMENT OF 98 SENIOR HOUSING UNITS, INCLUDING
50 AFFORDABLE CONDOMINIUM UNITS AND 48 MARKET-RATE
CONDOMINIUM UNITS, RESTRICTED TO AT LEAST ONE SENIOR
HOUSEHOLD MEMBER OF AGE 62 YEARS OR OLDER, ON A 6.3-ACRE
SITE LOCATED AT 9470 MOODY STREET (NORTHEAST CORNER OF
MOODY STREET AND ORANGE AVENUE) WITHIN THE PS-1A (PUBLIC
AND SEMI-PUBLIC) ZONE IN THE CITY OF CYPRESS, CALIFORNIA.
RESOLUTION NO. 6864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 19147, FOR
THE DEVELOPMENT OF 98 SENIOR HOUSING UNITS, INCLUDING 50
AFFORDABLE CONDOMINIUM UNITS AND 48 MARKET-RATE
CONDOMINIUM UNITS, RESTRICTED TO AT LEAST ONE SENIOR
HOUSEHOLD MEMBER OF AGE 62 YEARS OR OLDER, ON A 6.3-ACRE
SITE LOCATED AT 9470 MOODY STREET (NORTHEAST CORNER OF
MOODY STREET AND ORANGE AVENUE)WITHIN THE PS-1A (PUBLIC
AND SEMI-PUBLIC) ZONE IN THE CITY OF CYPRESS, CALIFORNIA.
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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 Morales stated that Agenda Item No. 6, the Warrant Register, includes
electronic fund transfer no. 9944 for $795.96 for a reimbursement he receives as a retired
employee of the City of Cypress. He indicated that in voting for any motion to approve the
Warrant Register, he would not be voting on electronic fund transfer no. 9944 for the reason
disclosed.
It was moved by Mayor Pro Tern Morales, and seconded by Council Member Hertz, to
approve Consent Calendar Items No. 2 through 6.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: Receive and File Public Comments Submitted for the October 25, 2021
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 October 4, 2021 and October 11, 2021
Recommendation: Approve as submitted.
Item No. 5: Receive and File Investment Report for the Month ended September 30,
2021
Recommendation: Receive and file the attached investment report.
Item No. 6: Approve Register of Warrants, Transfers, and Wires Issued for the Period
of September 25, 2021 through October 8, 2021
Recommendation: Approve the attached payment register summarized below for the
period of September 25, 2021 through October 8, 2021:
• Electronic Funds Transfers 9929 through 9968
• Warrants 57794 through 57914
• Payroll Transfers W1458
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City
Council)
Anthony Uy, Cypress, spoke regarding the format of City Council Meetings and
communication between the City Council and residents.
COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:
No Report.
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Council Member Marquez:
Thanked Orange County Fire Authority Division Chief, Mike Petro, for his work and
welcomed Fire Captain, Greg Tulley. Thanked OCFA for their response to a minor fire
incident that occurred on Rosemary Drive. Expressed appreciation towards colleagues for
welcoming her nephew, Anthony Munoz, to the City Council Meeting.
Council Member Hertz:
Addressed comment from Anthony Uy and encouraged residents to reach out to Council
Members with questions and concerns.
Mayor Pro Tem Morales:
No Report.
Mayor Peat:
Attended an Eagle Scout Court of Honor Award Ceremony. Congratulated the Boys & Girls
Club of Greater Anaheim-Cypress on their successful Gala.
CITY MANAGER REMARKS
The City Attorney provided some clarification on the Brown Act regarding communication
between members of the public and the City Council.
The City Manager reminded residents about the Mayor's Prayer Gathering on Thursday,
October 28, 2021 and invited the Acting Director of Recreation and Community Services to
provide a report on the Cypress 5k/10k Run held on October 16, 2021.
ADJOURNMENT— IN MEMORY OF SUSAN GAREY
Mayor Peat recessed the meeting into Closed Session at 8:34 p.m. to resume Closed
Session discussions as previously reported by the City Attorney. No reportable action was
taken in Closed Session.
Mayor Peat adjourned the meeting at 10:06 p.m. to an adjourned Regular Meeting, to be
held on Monday, November 8, 2021, beginning at 5:30 p.m. in the Executive Board Room.
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