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2022-09-12 305 REGULAR MEETING CYPRESS CITY COUNCIL SEPTEMBER 12, 2022 5:00 P.M. A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Morales in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Pursuant to Government Code section 54953(b), this Regular Council Meeting included teleconference participation by Council Member Scott Minikus from Crystal Gateway Marriott, 1700 Jefferson Highway, Arlington, VA 22202 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 — arrived at 5:10 p.m. (via teleconference) Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administration Matt Burton Public Works Director Douglas Dancs City Clerk Alisha Farnell ORAL COMMUNICATIONS Tim Yerian, Cypress, spoke regarding solid waste at the Public Works Yard. Nick Harris, Cypress, spoke regarding solid waste at the Public Works Yard. Lily Galan, Cypress, spoke regarding concerns about the Public Works Yard operations. Ellie Crisostomo, Cypress, spoke regarding solid waste and noise at the Public Works Yard. Ted Beadan, Cypress, spoke regarding rats and odor in the neighborhood adjacent to the Public Works Yard. Marica Besharati, Cypress, spoke regarding concerns about the Public Works Yard operations. Tonya Turner, Cypress, spoke regarding rats and odor in the neighborhood adjacent to the Public Works Yard. Eunice Yerian, Cypress, spoke regarding noise at the Public Works Yard. Troy Tanaka, Cypress, spoke regarding concerns about the Public Works Yard operations. WORKSHOP SESSION The Director of Public Works provided a presentation on operations at the Public Works Yard. No action was taken. 306 CLOSED SESSION The City Attorney announced the City Council would convene in Closed Session regarding the following matters: 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 Employees' Association • Cypress Maintenance Employees' Association • Cypress Police Management Association • Cypress Police Officers' Association • Executive Management • Mid-Management • Confidential CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC Orange County Superior Court PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE Pursuant to Government Code Section 54957 Title: City Attorney Mayor Morales recessed the meeting at 6:02 p.m. RECONVENE Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:03 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 Paulo Morales Mayor Pro Tem Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus (via teleconference) Council Member Jon Peat 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 PLEDGE OF ALLEGIANCE Council Member Peat led the Pledge of Allegiance. INVOCATION John Campbell, Church of Jesus Christ of Latter-Day Saints, led the Invocation. 307 REPORT OF WORKSHOP AGENDA/CLOSED SESSION The City Attorney reported the City Council held a Workshop Session to receive an update on the Public Works Yard operations. He further reported the City Council met in Closed Session and began a discussion regarding the three items listed on the Agenda. He stated the City Council will recess back into Closed Session following the open session to continue the discussion of Closed Session items. PRESENTATION The Planning Director provided an update on the Housing Element status. ORAL COMMUNICATIONS (Limited to 30 minutes —three minutes per speaker, unless extended by the City Council) Bob Youngsma, Cypress, spoke regarding Facebook discussions and City finances. Rachel Strong, Cypress, spoke regarding Workshop Session item. Bonnie Peat, Cypress, spoke regarding the 8th Annual Women's Conference. Helen Le, Cypress, spoke regarding Community Survey results and public forum comments. Jimmy Fuller, Cypress, spoke regarding the Cypress Community Festival. PUBLIC HEARING Item No. 1: Approve Conditional Use Permit No. 2022-04 to Construct a Detached Garage Exceeding 15 Feet in Height at 8661 Acacia Drive The Planning Director provided a report on this item. Mayor Morales asked Council Members to disclose any communication with anyone relevant to the item. No communications were disclosed. Mayor Morales opened the public hearing. Mayor Morales invited the applicant to come forward. The applicant agreed with the conditions of approval. No public comments were made. Mayor Morales closed the public hearing. A motion was made by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to approve adopt a Resolution approving Conditional Use Permit No. 2022-04, with conditions, and confirm the project is exempt from the 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 308 RESOLUTION NO. 6902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2022-04, ALLOWING CONSTRUCTION OF A DETACHED GARAGE EXCEEDING FIFTEEN FEET IN HEIGHT, LOCATED AT 8661 ACACIA DRIVE WITHIN THE RS-15,000— RESIDENTIAL SINGLE-FAMILY ZONE AND FINDING THE PROJECT EXEMPT FROM CALIFORNIA ENVIROMENTAL ACT REQUIREMENTS Item No. 2: Approve an Ordinance Amending Provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) to Implement the Housing Element and Comply with State Housing Laws, and Approve a No Net Loss Policy Mayor Morales opened the public hearing. The Planning Director provided a report on this item. City Council discussion ensued. No public comments were made. Mayor Morales closed the public hearing. The City Attorney read the title of the Ordinance. A motion was made by Council Member Peat, and seconded by Mayor Morales, to approve the first reading, by title only, of an Ordinance amending selected provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Municipal Code related to special housing types including employee housing, supportive housing, transitional housing, and low barrier navigation centers, special housing regulations in support of Housing Element implementation, and developments and lot splits; and approve the policy and procedures for compliance with the State's No Net Loss law; and find the action exempt from the California Environmental Quality Act. 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 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. It was moved by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari, to approve Consent Calendar Items No. 3 through 10. 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 September 12, 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 309 Item No. 5: Approve Minutes — Meeting of August 22, 2022 Recommendation: Approve as submitted. Item No. 6: Accept Office of Traffic Safety DUI Traffic Enforcement Grant Recommendation: 1. Accept the Office of Traffic Safety DUI /Traffic Enforcement grant; 2. Appropriate $81,000 in the General Fund Grants Fund; and 3. Increase estimated revenues in the General Fund Grants Fund by $81,000. Item No. 7: Approve a Resolution Requesting the Dissolution of the Successor Agency to the Cypress Redevelopment Agency Recommendation: Approve a resolution requesting the County Oversight Board dissolve the Successor Agency to the Cypress Redevelopment Agency. SUCCESSOR AGENCY BOARD RESOLUTION NO. SA-12 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY REQUESTING ORANGE COUNTYWIDE OVERSIGHT BOARD ACTION TO DISSOLVE THE SUCCESSOR AGENCY, CONDITIONED UPON APPROVAL BY THE CALIFORNIA DEPARTMENT OF FINANCE, AND MAKING RELATED FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Item No 8: Approve Task Order for Solid Waste Consulting Services Related to Organic Waste Recycling Recommendation: Approve a $100,000 task order for Solid Waste Consulting Services to Michael Balliet Consulting for Organic Waste Recycling. Item No. 9: Award Contract for Shade Structure Replacement at Manzanita Park, Project 333 Recommendation: 1. Approve Plans and Specifications for Shade Structure Replacement at Manzanita Park, Project 333; and 2. Award a contract to R.E. Shultz Construction, Inc., Orange, CA, for $55,650, and authorize a Contingency of$9,000. Item No. 10: Approve Register of Warrants, Transfers, and Wires Issued for the Period of August 6, 2022 through August 26, 2022 Recommendation: Approve the attached payment register summarized below for the period of August 6, 2022 through August 26, 2022 • Electronic Funds Transfers 11624 through 11775 • Warrants 60328 through 60458 • Payroll Transfers W1481 through W1482 END OF CONSENT CALENDAR NEW BUSINESS None. 310 ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Rob Johnson, Cypress, spoke regarding his experience running for City Council, an incident at Cypress High School involving Council Member Marquez and two candidates, and the upcoming Cypress Chamber of Commerce Candidate Forum. Mayor Morales closed the Oral Communications period. Mayor Morales responded to the public comment regarding the incident involving Council Member Marquez at Cypress High School. Mayor Morales shared concerns he received from parents and members of the community regarding Council Member Marquez visiting a classroom and sharing one-sided information and campaign materials on behalf of the candidates accompanying her. Council Member Marquez stated she has worked collaboratively with high school students on a number of campaigns throughout her career and has educated them regarding things going on in their community and politics. Mayor Morales further expressed parents' concerns communicated to him and stated the action violated the City's Civility, Conduct and Governance Policy, the Code of Ethics, and possibly the Education Code. Mayor Morales requested a Resolution of Censure regarding this matter be added to the next agenda for City Council consideration. Council Member Marquez objected. No further objections were heard. COUNCIL MEMBER REPORTS AND REMARKS Council Member Minikus: No report. Council Member Peat: No report. Council Member Marquez: Expressed concerns about information published on behalf of the City regarding the California Voting Rights Act lawsuit. Stated she has not received any records in response to her Public Records Act request submitted on July 1. Requested an item be placed on the next agenda to reconsider the Resolution of Censure adopted by the City Council on June 27, 2022. Stated that City Council candidates should have booth fees waived for the Cypress Community Festival. The City Manager stated that the Cypress Community Festival is not a City event and any fees associated with booth rentals are not charged by the City. He further stated the Festival is organized and operated by a private non-profit group. Council Member Marquez requested elected officials be provided free booths at City events, such as Concerts on the Green. Attended the AYSO picture day event. The City Attorney stated that the City has responded to Council Member Marquez's Public Records Act request. He further stated that on September 1 he notified Council Member Marquez's attorney that 497 pages were available and requested further clarification on the request but has not received a response. Mayor Morales spoke regarding the requirements of the Public Records Act. 311 The City Attorney confirmed the City responded within the ten days as required by law. Council Member Marquez stated she has no documents in her hands. Mayor Morales stated Council Member Marquez's request was responded to and further stated that it is inaccurate to state the City has not responded to the request. -a Mayor Morales asked the City Attorney for clarification regarding the request to reconsider the Resolution of Censure adopted on June 27, 2022. The City Attorney stated reconsideration of a Resolution of Censure can only happen at the same meeting at which it is adopted. Council Member Marquez stated she wants to discuss a letter from her attorney in open session. The City Attorney stated discussion in open session would not be advisable and he would recommend waiting for a response as there are several inaccuracies in the letter. Mayor Pro Tern Hertz-Mallari: Thanked City staff for an update to the Cypress Central app. Attended the Melia Townhomes grand opening. Provided an update on the Orange County Fire Authority Board of Directors. Met with the firefighters at Station 17, toured the station, and rode along on some calls. Requested an item be added to the next City Council agenda to proclaim September as Childhood Cancer awareness month. There were no objections. Attended the League of California Cities Annual Conference in Long Beach and shared information from the event. Mayor Morales: Attended the League of California Cities Annual Conference in Long Beach. Attended the Orange County Fire Authority September 11th remembrance event. CITY MANAGER REMARKS No report. Mayor Morales recessed the meeting 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. ADJOURNMENT — IN MEMORY OF LOS ALAMITOS COUNCIL MEMBER RON BATES Mayor Morales adjourned the meeting at 9:35 p.m. to an adjourned Regular Meeting, to be held on Monday, September 26, 2022, beginning at 5:30 p.m. in the Executive Board Room. 9ah 52- S2(444-4) AYOR OF THE CITY OF CYPRESS ATTEST: _AAkCC):T JAQU CITY CLERK OF E CITY OF CYPRESS