Agenda packet — Cypress City Council, September 26, 2022

AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
September 26, 2022
6:00 P.M.
www.cypressca.org Council Chambers
5275 Orange Avenue
Cypress, California

PUBLIC PARTICIPATION
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/3914667540557772816 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 (562) 247-8422 and entering Access Code 798-972-350 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 September 26, 2022 will be added to the City Council agenda as a Consent Calendar item.

CALL TO ORDER
6:00 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 or Workshop 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 September 26, 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
PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE
Pursuant to Government Code Section 54957
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. Frances Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court
September 26, 2022 | Page 2

RECONVENE
7:00 P.M.

Council Chambers

PLEDGE OF ALLEGIANCE
INVOCATION Saint 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
Results of the Senior Commission Participation Survey
Construction Management Association of America Project Achievement Award Fire Prevention Week Proclamation
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.

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
September 26, 2022 | Page 3
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.

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 September 26, 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. 2022-05 to Permit the Sale of On-Sale General Alcohol for a Restaurant at 5895-B Katella Avenue Prepared by: Alicia Velasco, Planning Director
Recommendation: Adopt a Resolution approving Conditional Use Permit No. 2022-05, 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 September 26, 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 September 26, 2022 | Page 4

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

4. Approve Minutes - Meeting of September 12, 2022
Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.

5. Second Reading of an Ordinance Amending Selected Provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to Implement the Housing Element and Comply with State Housing Laws Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending selected provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to implement the Housing Element and comply with State housing laws.

6. Accept the Concrete Rehabilitation, Project 293
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept the Concrete Rehabilitation, Project 293, in the amount of $250,041.50 and approve the final payment of $12,502.08 to CJ Concrete Construction Inc.; and

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

7. Accept the Citywide Park Enhancements, Project 277
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept the Citywide Park Enhancements, Project 277, in the amount of $220,759.61 and approve the final payment of $11,037.98 to Speedy Fix Inc.; and

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

8. Adopt a Resolution to Amend the Conflict of Interest Code Prepared by: Alisha Farnell, City Clerk
Recommendation: Adopt a Resolution amending the Conflict of Interest Code for the City and Recreation and Park District, which supersedes all prior Conflict of Interest Codes and amendments previously adopted.

September 26, 2022 | Page 5

9. Approve an Appropriations Increase Associated with the 800 Megahertz Countywide Coordinated Communications System
Prepared by: Mark Lauderback, Chief of Police
Recommendation: Approve an appropriations increase of $35,213 in the General Fund to provide for the City's FY 2022-23 share of costs for the Orange County 800 Megahertz Countywide Coordinated Communications System.

10. Approve Continuing Appropriations, Revenues and Transfers from FY 2021-22 to FY 2022-23
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation:

1. Authorize the appropriation of $3,040,288 in FY 2022-23 for the carryover of continuing appropriations from FY 2021-22, as detailed in Attachment A; and

2. Authorize the appropriation of $2,647,136 in FY 2022-23 for the carryover of encumbrances at June 30, 2022, as detailed in Attachment B; and

3. Authorize the continuation of operating transfers totaling $1,340,437 and estimated grant revenue totaling $306,437 from FY 2021-22 to FY 2022-23, as detailed in Attachment C to support carryover appropriations.

11. Approve Supplemental Appropriations and Increases to Estimated Revenues and Transfers for FY 2021-22
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation:

1. Approve FY 2021-22 supplemental appropriations of $547,681 and increase estimated revenues by $730,781 for the City; and

2. Approve FY 2021-22 supplemental appropriations of $2,500 for the Cypress Recreation and Park District; and

3. Approve a $1,106,889 transfer from the Park District to the City's Infrastructure Fund as partial payment on the outstanding Repayment Agreements and Promissory Notes between the District and the City.

September 26, 2022 | Page 6

12. Approve Cypress Recreation and Park District Continuing Appropriations from FY 2021-22 to FY 2022-23
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation:

1. Appropriate $1,438,195 in FY 2022-23 for items encumbered at June 30, 2022 as detailed in Attachment A; and

2. Appropriate $699,282 in FY 2022-23 for the carryover of continuing appropriations as detailed in Attachment A; and

3. Authorize the continuation of operating transfers to FY 2022-23 totaling $105,243 as detailed in Attachment A.

13. Approve the Purchase of a Replacement Forklift for Public Works Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve the $33,280.51 purchase of a replacement forklift for Public Works from Doosan through Sourcewell cooperative purchasing.

14. Proclaim the Month of September 2022 as Childhood Cancer Awareness Month Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim the month of September 2022 as Childhood Cancer Awareness Month.

15. Proclaim the Week of October 9-15, 2022 as Fire Prevention Week Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim the week of October 9-15, 2022 as Fire Prevention Week.

16. Receive and File the Investment Report for the Month Ended August 31, 2022 Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the attached investment reports.

17. Approve Register of Warrants, Transfers, and Wires Issued for the Period of August 27, 2022 through September 9, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve the attached payment register summarized below for the period of August 27, 2022 through September 9, 2022:

Electronic Funds Transfers 11776 through 11818
Warrants 60457 through 60557
Payroll Transfers W1483
September 26, 2022 | Page 7

NEW BUSINESS
None.

ITEMS FROM CITY COUNCIL MEMBERS

18. Adopt a Resolution Censuring Council Member Marquez for Violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy Agendized by: Paulo Morales, Mayor
Recommendation: Adopt a Resolution censuring Council Member Marquez for violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy.

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, October 10, 2022, beginning at 5:30 p.m. in the Executive Board Room.

September 26, 2022 | Page 8
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 23rd day of September, 2022.

________________________________
Alisha Farnell, City Clerk
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.

September 26, 2022 | Page 9
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 1.

FROM: Alicia Velasco, Planning Director
DATE: 09/26/2022
SUBJECT: Approve Conditional Use Permit No. 2022-05 to Permit the Sale of On-Sale General Alcohol for a Restaurant at 5895-B Katella Avenue

RECOMMENDATION
Adopt a Resolution approving Conditional Use Permit No. 2022-05, with conditions, and confirm the project is exempt from the California Environmental Quality Act requirements.

DISCUSSION
Project Description
Encinal Brands is requesting a conditional use permit (CUP) for the sale of general alcohol for a Tacomasa restaurant at 5895-B Katella Avenue. This will be the second Tacomasa location. The location currently holds a beer and wine license but would like to serve cocktails and mixed drinks to complement their menu. The restaurant will be open for lunch and dinner from 11 A.M. to 10 P.M. Monday through Thursday; from 11 A.M. to 11 P.M.

Friday through Saturday; and closed on Sundays.

Subject Property and Surrounding Uses
The restaurant is located in The Boardwalk which has seven restaurant spaces. This restaurant is 1,840 square feet, plus a 483 square-foot outdoor patio. The property is zoned PC-3 Planned Community Business Park and is located in the McDonnell Center Specific Plan area. The food court is surrounded by:

A vicinity map is attached.

Analysis
Direction Land Use Zoning
North Office buildings PC -3 Planned Business Park
South Office/warehouse PC -3 Planned Business Park
East El Torito restaurant PC -3 Planned Business Park
West Marriott Hotel PC -3 Planned Business Park
Alcohol Beverage Sales
Restaurants are permitted in the McDonnell Center Specific Plan. The sale of alcoholic beverages requires a CUP. The Boardwalk food court has a CUP for the sale of beer and wine at all seven restaurants, however a new CUP is required to sell distilled spirits. No other restaurants in the development are a part of this application. The restaurant’s CUP application is consistent with the alcoholic beverage sales guidelines in Section 3.17.030.B of the Zoning Ordinance.

Conditional Use Permit
The food court 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 general alcohol at Tacomasa will not change the character of the food court. 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 PC-3 Planned Community Business Park Zone, which is consistent with the Specific Plan Area land use designation in the General Plan. The PC-3 Zone’s intent is to permit a compatible mix of uses, planned commercial developments, and business parks. The PC-3 Zone permits restaurants with alcohol sales, subject to a Conditional Use Permit and the application meets all development standards. The restaurant is in a food court with surrounding business park, hotel, and restaurant-type businesses. The restaurant, with general alcohol 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 general alcohol 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, general alcohol 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 general alcohol 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.

Public Convenience and Necessity
ABC establishes a maximum number of on- and off-sale licenses in each census tract. This restaurant is in Census Tract 1101.13, which ABC considers an area of undue concentration due to the number of on- and off-sale licenses. Because Census Tract 1101.13 includes the Katella Avenue business park corridor and Los Alamitos Race Course, it has limited residential zoning and a low population, which results in the undue concentration designation. Because ABC designates the Census Tract an area of undue concentration, the City Council must find the license will serve a public convenience and necessity as part of the CUP resolution. This finding is recommended because a full-service restaurant meets the City’s intent to provide a variety of dining options to serve the surrounding business park and neighborhoods.

Recommendation
The CUP meets the requirements and intent of the Municipal Code and standards for the sale of alcohol. The food court where the restaurant is located meets all development standards and the addition of general alcohol 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 that 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
Project Plans
Notice of Exemption
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2022-05, A REQUEST TO ALLOW ON-SALE GENERAL ALCOHOL AT A NEW RESTAURANT LOCATED AT 5895-B KATELLA AVENUE, WITHIN THE PC-3 PLANNED COMMUNITY BUSINESS

PARK ZONE, FURTHER DETERMINING THAT PUBLIC CONVIENCE WOULD BE

SERVED WITH THE ISSUANCE OF AN ON-SALE GENERAL ALCOHOLIC

BELVERAGE CONTROL LICENSE 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 general alcohol at a restaurant located at 5895-B Katella Avenue, within the PC-3 – Planned Community Business Park Zone.

WHEREAS, the subject site is designated Specific Plan Area in the City’s General Plan, and Section V.C.1.b of the applicable McDonnell Center Specific Plan allows restaurants with the sale of alcoholic beverages, subject to a conditional use permit. In addition, 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 September 26, 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 general alcohol license, within an existing commercial building. Besides tenant improvements for the restaurant, including the alcoholic beverage storage area, there is no new building construction related with the project.

WHEREAS, it has been determined by the California Department of Alcoholic Beverage Control (ABC) that there is an “undue concentration” in relation to the number of alcohol licenses that currently exist within the subject census tract of the City (Census Tract: 1101.13).

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.

WHEREAS, because of the undue concentration, California Code Section 23958.4 requires that “the local governing body of the area in which the applicant premises are located determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance of the license.
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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, 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 PC-3 Planned Community Business Park Zone, which is consistent with the Specific Plan Area land use designation in the General Plan. The PC-3 Zone’s intent is to permit a compatible mix of uses, planned commercial developments, and business parks. The PC-3 Zone permits restaurants with alcohol sales, subject to a Conditional Use Permit and the application meets all development standards. The restaurant is in a food court with surrounding business park, hotel, and restaurant type businesses. The restaurant, with general alcohol 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 a permitted use at this location. The addition of general alcohol 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, general alcohol 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 general alcohol 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.

SECTION 2. Public Convenience or Necessity. The City Council of the City of Cypress hereby determines that public convenience would be served with the issuance of an on-sale -3-
general alcohol license for a new restaurant in that the use is consistent with similar establishments within the PC-3 - Planned Community Business Park Zone.

SECTION 3. CEQA. The City Council finds that 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 general alcohol license, within an existing 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2022-05, 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 26th day of September, 2022.

MAYOR OF THE CITY OF CYPRESS
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 26th day of September, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:
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ABSENT: COUNCIL MEMBERS:

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

EXHIBIT A
CONDITIONAL USE PERMIT NO. 2022-05
(On-sale General Alcohol at Restaurant)
5895-B Katella Avenue

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 restaurantshall be limited to on-sale general alcohol (Type 47 ABC License). The general alcohol 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 10:00 P.M. Sunday through Thursday and from 11:00 A.M. to 11:00 P.M. Friday through Saturday. (Planning)

9.3. Signs shall be posted at the restaurant exit prohibiting open alcoholic beverages from leaving the confines of the restaurant or fenced patio area. (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: 9/26/2022
Conditional Use Permit No. 2022-05
5895-B Katella Avenue

VICINITY MAP

PROJECT SITE
N

PLAZA DRIVE

KA TEL LA AVENUE
5895-B KATELLA AVENUE - OVERALL SITE PLAN �
N
GAS

GRIDDLE
36"
GAS

GRIDDLE
36"

VERITCAL

BROILER
19"x24"
TRASH

CABINET
(E)MOP
SINK
30"x60"

S/S TABLE
30"x60"

S/S TABLE
3-COMP D/W SINK (DIRECT DRAIN W/ UPSTREAM F/D) PREP SINK (WASTE TO F/S)
HAND
SINK
3-DR BEER
REFRIG. 90"

HOT FOOD
TABLE 62.5"
PIZZA
TABLE 93"
POS
ON S/S
WORK
TABLE
24x30
S/S
WORK
TABLE
24x30
ICE BIN 24"
EM.LOCKER

DRY SHELF
1854

DRY SHELF
1848

DRY SHELF
1842
2-DR

FREEZER
54"
1848

DRY SHELF
(E) ALL-GEND.

R.R. #1
(E) ALL-GEND.

R.R. #2
72"X60" 72"X48"
60"X60"

CONCRETE
PATIO
±23'-1" x 21'
485 SF
2-BURNER

HOT PLATE

PUBLIC WALK WAY
(E) KITCHEN
1-DR WT
REFRIG.
27"
1-DR WT
REFRIG.
27" MESQUITE

BROILER
48"
S/S
WORK
TABLE
12x30
30"x60"

S/S TABLE
(E) ELEC.

PNL. "B"
T
(E) ELEC.

PNL. "A"
2'-0" 5'-8" 2'-0" 1'-3" 12'-0" 7'-0" 11'-7" 6" 30'-6" 6" 6'-7" 6" 7'-1" 31'-0" 12'-1" 19'-0" 10'-11"
80'-0"
14'-11" 6'-10" 7"
22'-5"
5'-9" 7'-0" 9" 16'-0" 11'-5" 6" 30'-0" 8" 7'-5"
8'-2" 30'-6" 27'-5" 13'-6"
79'-7"
9'-2"
2'-0" 25'-10" 3'-0"
30'-10"
3'-3"
3'-0" 9'-1"

DIPPING

CABINET

SODA DISPENSER
ICE MACHINE 48"X48" POS
DEEP

FRYER HAND
SINK
(E) DINING
(E) DINING
(E) WIC
(E) XFRM.
5895 KATELLA AVE UNIT B, CYPRESS, CA 90630

FLOOR PLAN
PL-5 Rev. 2011

NOTICE OF EXEMPTION
FROM: City of Cypress
5275 Orange Avenue
Cypress, CA 90630
TO: X County Clerk-Recorder
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
Project Title
Conditional Use Permit No. 2022-05
Project Location - Specific
5895-B Katella Avenue
Project Location - City
Cypress
Project Location - County
Orange
Description of Nature, Purpose, and Beneficiaries of Project A request to allow on-sale general alcohol at a new restaurant that is owned and operated by Mr. Ivan Flores of Encinal Brands.

Name of Public Agency Approving Project
City of Cypress
Name of Person or Agency Carrying Out Project (Applicant’s Name and Address) Mr. Ivan Flores, 7245 Garden Grove Blvd., Suite E, Garden Grove, CA 92841 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 ________
_________________________________ Alicia Velasco
Signature Date Planning Director
Signed by Lead Agency
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 2.

FROM: Alisha Farnell, City Clerk
DATE: 09/26/2022
SUBJECT: Receive and File Public Comments Submitted for the September 26, 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: 09/26/2022
SUBJECT: Approve Minutes - Meeting of September 12, 2022

RECOMMENDATION
Approve as submitted.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
September 12, 2022 City Council Minutes

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

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.

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.

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.

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 Tem 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
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 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.

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. Her 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.

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.

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 Tem 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.
_______________________________

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: 09/26/2022
SUBJECT: Second Reading of an Ordinance Amending Selected Provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to Implement the Housing Element and Comply with State Housing Laws

RECOMMENDATION
Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending selected provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to implement the Housing Element and comply with State housing laws.

DISCUSSION
On September 12, 2022, the City Council conducted a public hearing and first reading of an Ordinance amending selected provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to implement the Housing Element and comply with State housing laws.

It is recommended the City Council approve the second reading and adopt the attached Ordinance. Once approved, the Ordinance will become effective in 30 days, or on October 26, 2022.

The attached Notice of Exemption will be filed with the County Clerk in accordance with the California Environmental Quality Act (CEQA) Guidelines.

BUDGET IMPACT
None.

LEGAL REVIEW
The Ordinance has been reviewed and approved by the City Attorney.

APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
Notice of Exemption
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SELECTED PROVISIONS OF CHAPTER 25
(SUBDIVISIONS) AND APPENDIX I (ZONING) OF THE CYPRESS MUNICIPAL

CODE TO ADOPT REGULATIONS FOR SPECIAL HOUSING TYPES

INCLUDING EMPLOYEE HOUSING, SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, AND LOW BARRIER NAVIGATION CENTERS; SPECIAL HOUSING REGULATIONS IN SUPPORT OF HOUSING ELEMENT IMPLEMENTATION; DEVELOPMENTS AND LOT SPLITS AUTHORIZED BY SENATE BILL 9; AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, Senate Bill 9 (SB 9) took effect on January 1, 2022. This bill requires the ministerial approval of two dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted, in addition to accessory dwelling units and junior accessory dwelling units, in some cases. SB 9 also requires ministerial approval of lot splits in single-family residential zones and allows two units on each resulting parcel. SB 9 further allows cities to adopt objective standards governing dwelling units and lot splits approved pursuant to SB 9, provided they do not conflict with state law; and WHEREAS, Government Code Section 65583.2(g)(3) requires the replacement of certain dwelling units when new development occurs on a parcel identified in the sites inventory of the City’s Housing Element of the General Plan; and
WHEREAS, Health and Safety Code Section 17021.5(b) requires employee housing of six or fewer employees to be permitted as a single-family dwelling; and WHEREAS, Government Code Section 65583(c)(3) requires transitional housing and supportive housing to be deemed a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. Government Code Sections 65650 et seq. further limit the City’s scope of regulation on supportive housing in certain zones; and
WHEREAS, Assembly Bill 101 took effect January 1, 2020 and requires the City to allow low barrier navigation centers as a permitted use in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided it meets specified requirements; and WHEREAS, the City Council desires to update the City’s regulations to be consistent with State law; and
WHEREAS, the City Council finds that the Ordinance is consistent with the goals, policies, and objectives of the General Plan. Housing Element Goal HOU-5 is to “mitigate any potential governmental constraints to housing production and affordability”. The Ordinance furthers this goal by ensuring that the City’s zoning regulations are consistent with State laws intended to facilitate and incentivize the development of affordable housing and special needs housing.

Housing Element Goal HOU-6 is to “promote equal opportunity for all residents to reside in the housing of their choice”. The Ordinance is consistent with this goal in that it establishes regulations allowing for special housing types, such as transitional and supportive housing, that create additional opportunities for housing for very low income and special needs populations; and WHEREAS, on September 12, 2022, the City Council held a duly noticed public hearing and considered testimony on the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. Section 25-12 of the Cypress Municipal Code is hereby amended as follows (additions in bold underline):

The size, dimensions, and configuration of lots or parcels created by any division of land shall conform with this section and the Cypress Zoning Ordinance, except that lots created through an urban lot split shall be subject to the requirements of Article XI of Chapter 25 where the requirements of Article XI conflict with this section. (a) Lot numbers. The lots or parcels shall be numbered consecutively commencing with the number one, with no omissions or duplications. Block numbers or letters may be used, but are not preferred.
(b) Lot area. The minimum net lot area shall be that prescribed for the zone in which the property is located. Variations from the minimum lot area requirements may be approved by the planning commission or city council in accordance with the provisions of the zoning ordinance of the City of Cypress.
(c) Public street frontage. All lots created by the division of land, whether by tract or parcel map, shall have frontage or approved access to a dedicated public street or highway. In the case of condominiums or planned residential developments with lot areas owned in common, the street frontage requirement for individual lots may be satisfied by the individual lots’ ownership in the common lot, if the common lot has frontage on the public street.
(d) Lot width. The width of lots shall conform to standards of development as defined by the city zoning ordinance and other ordinances or official plans adopted pursuant to law.

Corner lots shall have a minimum width of sixty-five (65) feet measured the same as interior lots. Variations from the minimum lot width requirements may be approved by the planning commission or city council in accordance with the provisions of the zoning ordinance of the City of Cypress. The minimum widths of odd-shaped lots which result from extreme topography, previous irregular boundaries, or other unavoidable circumstances shall be subject to individual determination and approval by the planning commission at the time of approval of the tentative map in accordance with requirements of the Cypress Zoning Ordinance.

The above provisions governing minimum lot widths shall not apply to residential or common lots within a planned residential (PRD) zone. Lot sizes and widths therein shall conform to the standards as set forth in the zoning ordinance or the approved concept plan or site plan for the particular development, whichever applies.

Small, odd-shaped lots or parcels resulting from the separation of land by streets or easements, or lots burdened by easements, utilities, or other facilities to a degree which minimizes their value or use for other purposes, or parcels subject to flooding, portions of railroad rights-of-way, or other lots or parcels which because of their size, shape, topography, use, or location are unable to be built upon or developed, shall, upon the determination of the director of public works and planning director may be exempted from the above requirements as to lot widths and areas in accordance with the provisions of the zoning ordinance of the City of Cypress.
(e) City boundary. No lots shall be divided by the boundary line of the City of Cypress. (f) Sidelines. The sidelines of lots shall be approximately at right angles to the street lines on straight streets, and shall approximately radial on curved streets.

SECTION 3. Section 25-19(b) of the Cypress Municipal Code is hereby amended as follows (additions in bold underline):
(b) From action by the director of public works and/or planning director. If any interested person or the applicant for a lot line adjustment or urban lot split wishes to appeal the decision of the director of public works and/or planning director or the requirements and conditions pertaining to this approval, conditional approval, or denial of the lot line adjustment or urban lot split, said person shall file a written appeal with the planning director within ten (10) days of the decision. The tentative map, along with the staff report setting forth the requirements and other information regarding the lot line adjustment or urban lot split shall then be sent to the city council, which shall consider the appeal. A copy of the report shall also be sent to the owner or applicant making the appeal at least five (5) days prior to action by the city council. Upon receipt of the report, the city council shall review the matter within the time and in the manner specified above for action by the city council concerning a regular division by parcel map. The decision of the city council approving, conditionally approving, or denying the appealed lot line adjustment, urban lot split, or conditions thereof, shall be final.

SECTION 4. A new article is hereby added to Chapter 25, Subdivisions, entitled “ARTICLE XI. URBAN LOT SPLITS,” which shall contain Section 25-77 through Section 25-83 and shall read as follows:

ARTICLE XI. URBAN LOT SPLITS
Sec. 25-77. Purpose.

The purpose of this Section is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. Where this Section is in conflict with any other provision of Chapter 25, this Section shall govern.

Sec. 25-78. Application requirements and review process. (a) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or as a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15.
(b) The applicant for an urban lot split shall submit an application on a City-approved application form and shall simultaneously file a tentative parcel map in accordance with Section 25-16.
(c) The tentative parcel map shall be examined by the director of public works and planning director for its correctness in compliance with city ordinances and policies. (d) Following this examination, the director of public works shall approve, conditionally approve, or deny approval of the tentative parcel map. The director of public works’s consideration of the tentative parcel map shall be ministerial, without discretionary review or a hearing. The tentative parcel map shall be approved if the director of public works finds that the map complies with the Subdivision Map Act, the requirements of this Section, and other requirements of this Code applicable to tentative parcel maps that are not inconsistent with this Section.
(e) Notwithstanding subsection (d), the director of public works may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (f) Following approval of a tentative parcel map, the applicant shall submit a final map for review in accordance with Section 25-21.
(g) The director of public works shall approve the final map if it is in compliance with the Subdivision Map Act, this chapter, and other applicable provisions of this code, and the conditions of approval of the tentative parcel map have been met. The director of public works shall, at the time of his or her action on the final map, accept or reject any and all offers of dedication and other easements.
(h) The appeal process for the decision of the director of public works shall be as described in Section 25-19(b).
(i) Upon the approval of the final map, the final map shall be recorded in accordance with Section 25-21.

Sec. 25-79. Parcel requirements.

The parcel that is proposed for subdivision through an urban lot split:
(a) Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district; (b) Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved, unless the parcel is owned by a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15; (c) Shall only have residential uses located on it on the date the urban lot split is approved; (d) Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; (e) Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance;
(f) Shall not have been created through a previous urban lot split; and (g) Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.

Sec. 25-80. Additional requirements.
(a) An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:
(1) Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision;
(2) Neither resulting parcel shall be smaller than 1,200 square feet; (3) Each resulting parcel shall include at least 40 percent of the street frontage of the original parcel proposed for subdivision; and
(4) Flag lots are not permitted.
(b) An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 25-82.
(c) Proposed urban lot splits:
(1) Shall not require or allow the demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or
(C) Housing that has been occupied by a tenant in the last three years; and (2) Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under the Ellis Act (Government Code Section 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (d) As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the city attorney, stating that:
(1) The proposed urban lot split will not violate the requirements of Subsection (c); (2) Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and (3) The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not apply if the owner of the parcel is a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15.
(e) As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the director of public works.
(f) Each parcel resulting from an urban lot split shall have access to or adjoin the public rightof-way. (g) The city shall not require as a condition of approval of an urban lot split:
(1) Dedications of rights-of-way or the construction of offsite improvements; or (2) The correction of non-conforming zoning conditions existing on the parcel that will be divided.
(h) An urban lot split:
(1) Shall conform with all the requirements of the Subdivision Map Act; and (2) Shall conform with all the requirements applicable to parcel maps under this chapter, except for those requirements that conflict with the requirements of this Article, in which case the provisions of this Article shall control. (i) Each lot created by an urban lot split shall be self-sufficient with regard to drainage of water off of the parcel and shall have a separate connection to the main line for all utilities including but not limited to water, electric, gas, sewer, and telecommunications.

Sec. 25-81. Limitations applicable to new parcels.
(a) Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.
(b) Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days. (c) A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split.
(d) Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots.

Sec. 25-82. Limitation on number of units.

Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this Section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Section 3.17.260 of Appendix I (Second primary units and duplexes in singlefamily zones), an accessory dwelling unit, or a junior accessory dwelling unit.

Sec. 25-83. Deed restriction.

As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner’s cost, and shall limit the use of each parcel in accordance with the standards of this Article. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

SECTION 5. The Residential section of Table 2-2 (Allowable Uses and Permit Requirements for Residential Zoning Districts) in Section 2.05.030 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold underline; deletions in bold strikethrough):

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS

FOR RESIDENTIAL ZONING DISTRICTS
Land Use Permit Requirement by District
RS15000RS6000RS5000RM15RM20MHP20 See Section
Residential
Accessory Dwelling Units P P P P P — 3.17.200
Accessory Structures under
15 feet in height P P P P P P 3.17.020
Accessory Structures over 15
feet in height C C — C — — 3.17.020
Condominiums,
Townhouses, or
Condominium Conversions
C C C C C — 3.17.070
Density Bonuses — — — C C — 4.19.040
Dormitories — — — C C —
Land Use Permit Requirement by District
RS15000RS6000RS5000RM15RM20MHP20 See Section
Duplexes P — P — P — P P —
Duplexes in single-family
zones are subject to

3.17.260
Employee Housing P P P P P — 3.17.270
Home Occupations P P P P P P 3.17.100
Manufactured Housing P P P P P P 3.17.140
Marijuana Cultivation (Indoor) P P P P P P Chapter 15I
Marijuana Cultivation
(Outdoor) — — — — — — Chapter 15I
Commercial Marijuana
Activity — — — — — — Chapter 15J
Maritime Storage/Shipping
Containers — — — — — —
Mobile Home Parks — — — — — P
Model Home/Subdivision
Sales Offices TUP TUP TUP TUP TUP TUP 3.17.220
Multi-Family Dwelling Units,
not more than 3 units — — — P P —
Multi-Family Dwelling Units,
over 3 units — — — C C —
Private Yard/Garage Sales P P P P P P 3.17.090
Second Primary Units P P P — — — 3.17.260
Second-Story Balcony, within
the front yard P P P P P — 3.11.050
Second-Story Balcony, within
the side or rear yard S S S S S — 3.11.050
Single-Family Dwelling Units P P C P P P —
Single-family dwelling
units in RS-5000 subject
to Section 2.05.040B
Supportive Housing P P P P P — 3.17.280
Temporary Uses/Activities TUP TUP TUP TUP TUP TUP 3.17.220 Transitional Housing P P P P P — 3.17.290
SECTION 6. Table 2-4 (Residential Zoning District Parking Requirements) in Section

2.05.050 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold underline):

TABLE 2-4

RESIDENTIAL ZONING DISTRICT PARKING REQUIREMENTS
Residential Uses Vehicle Spaces Required
Residential Land Uses
Single-family dwelling units, detached and attached
Units with up to and including 3 bedrooms 2-vehicle garage for each dwelling unit Units with over 4 bedrooms 3-vehicle garage for each dwelling unit.

Single-family dwelling units, small-lot
development, detached and attached
2-vehicle garage plus 2 open spaces for each
dwelling unit. The open spaces may be located
on the driveway leading to the garage.

Guest parking 1 unassigned open space for each dwelling unit.

Second Primary Units and Duplexes In
Single-Family Zones (Per Section 3.17.260)
1 covered or uncovered space per unit,
except where exempt, in compliance with
Section 3.17.260.F.

SECTION 7. Section 3.11.170 (Special housing regulations) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.11.170. Special housing regulations.

A. Replacement of protected residential units.

1. Purpose. The purpose of this section is to implement Government Code Section 65583.2(g)(3) to ensure the City does not approve a development project on a site identified in the sites inventory of the Housing Element of the General Plan that would result in the elimination of protected housing units unless those housing units are replaced consistent with Government Code Section 65915(c)(3).

2. Applicability. The provisions of this section apply to any new development (residential, nonresidential, or mixed-use) on a site identified in the sites inventory of the Housing Element of the General Plan that contains protected units as defined in subsection

3.11.170.A.3 or that contained protected units that have been vacated or demolished within the last five years.

3. Protected units. For the purposes of this section, a protected unit is a dwelling unit that is or was within the last five years:
a. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of low or very low income; b. Subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or
c. Occupied by low or very low income households.

4. Replacement requirement. Replacement of protected units shall be required as a condition of any development on the site. Replacement requirements shall be consistent with Government Code Section 65915(c)(3).

B. Affordable housing agreements.

1. Developers of a residential development containing affordable housing units shall be required to enter into an Affordable Housing Agreement with the City in a form approved by the City Attorney. The Affordable Housing Agreement shall, at a minimum, include the following:
a. The total number of units and the number of units that will be made affordable; b. The size, bedroom count, and location of each affordable unit; c. The income levels of the affordable units and an acknowledgement that the City will verify tenant and home buyer incomes to maintain the affordability of the units; d. The term of affordability for the units;
e. Schedule of development for all units; and
f. An affirmative fair marketing plan that is approved by the City to ensure advertising of the availability of the affordable units to a wide spectrum of City residents.

2. Recordation. The executed Affordable Housing Agreement shall be recorded against the residential development prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The Affordable Housing Agreement shall bind all future owners and successors in interest for the term of years specified therein.

SECTION 8. Section 3.17.260 (Second primary units and duplexes in single-family zones) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.260. Second primary units and duplexes in single-family zones.

A. Purpose; definition of duplex.

1. The purpose of this section is to establish procedures and standards for the approval and creation of second primary units and duplexes in single-family zones in accordance with the requirements of Government Code Section 65852.21.

2. For purposes of this section, “duplex” includes two detached dwelling units that are included under the same development application, in addition to the definition of “dwelling, two-family” in Section 6.31.020.

B. Application review process.

1. An application for a second primary unit or a duplex in a single-family zone shall be considered ministerially through the plan check process.

2. An application shall be approved if the proposed development complies with all the requirements in this section. However, notwithstanding the previous sentence, the City may deny an application for a second primary unit or duplex if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or duplex would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

C. Location requirements. Proposed second primary units and duplexes:

1. Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district;

2. Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; and

3. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

D. No impact on protected housing. Proposed second primary units and duplexes:

1. Shall not require or allow the demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or
c. Housing that has been occupied by a tenant in the last three years;

2. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; and

3. Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under the Ellis Act (Government Code Section 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

E. Development standards. The development standards for the first primary unit built on a parcel are not limited by this Section but shall comply with all other applicable development standards in this code. A second primary unit or duplex approved under this Section shall comply with all of the following development standards:

1. Configuration. A second primary unit may be attached to or detached from other dwelling units on the parcel.

2. Size. Second primary units, and at least one unit of a duplex, shall be no larger than 1,200 square feet in floor area.

3. Height. Second primary units, and at least one unit of a duplex, shall be no taller than one story and 16-feet in height.

4. Single Story. Second primary units may not be built above any other structure.

5. Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second primary units and duplexes built under this Section shall be set back at least four (4) feet from the side and rear lot lines.

6. Separate Entrances. Each unit approved under this Section shall have its own separate entrance.

7. Additional Development Standards. Except as provided in Subsections E.1 through E.6, units approved under this Section shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

F. Parking.

1. One new parking space is required for a second primary unit and for each unit in a duplex approved under this Section. Such parking spaces may be covered or uncovered and shall be in addition to all existing parking spaces on the parcel.

2. Notwithstanding subsection F.1, no parking spaces are required for a second primary unit or the units of a duplex approved under this Section if either:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel.

G. Utilities. The director of public works may place conditions of approval on the proposed development to ensure sufficient utility capacity and the ability of the utilities to serve the development, and may require the applicant to submit technical studies to determine utility capacity and ability to serve.

H. Limitation on enforcement of standards. With the exceptions of the setback requirements in subsection E.5, the City shall not enforce any zoning, subdivision, or design standard to the extent that it would have the effect of physically precluding the construction of up to two primary residential units on a parcel, or would physically preclude either of the primary residential units from being at least 800 square feet in floor area.

I. Total number of units.

1. This Section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units.

2. Notwithstanding any other provision in this Section, the approval of second primary units and duplexes on a parcel that was created through an urban lot split shall be limited as described in Chapter 25, Article XI of the municipal code.

J. Design standards. Second primary units, and each unit of a duplex approved under this Section, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

K. Rental term. Second primary units and both units of a duplex approved under this Section shall not be rented for a term of less than thirty-one (31) consecutive days.

L. Deed restriction. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second primary unit or duplex approved under this Section, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner’s cost, and shall require that the second primary unit or duplex shall only be used and developed in accordance with the requirements in this Section, including but not limited to the development standards and the prohibition on short-term rentals stated in this Section. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

SECTION 9. Section 3.17.270 (Employee housing) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.270. Employee housing.

A. Purpose. The purpose of this subsection is to set forth requirements for the establishment of employee housing consistent with Health and Safety Code Section 17021.5(b).

B. Requirements.

1. Employee housing shall be deemed a single-family structure and a residential use and is permitted in all zones where single-family dwellings are permitted.

2. Employee housing shall be subject to the same standards and regulations which apply to single-family dwellings in the same zone.

SECTION 10. Section 3.17.280 (Supportive housing) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.280. Supportive housing.

A. Purpose. The purpose of this subsection is to set forth requirements for the establishment of supportive housing consistent with Government Code Sections 65583(c)(3) and 65650 et seq.

B. Requirements.

1. Supportive housing shall be deemed a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone except when the supportive housing is consistent with the requirements of subsection

3.17.280.B.2.

2. Supportive housing shall be a use by right in zones where multifamily and mixed use are permitted, including nonresidential zones permitting multifamily uses, if the proposed development satisfies all of the requirements set forth in Government Code Section 65650 et seq.
(a) The applicant shall provide the City with all documentation necessary to demonstrate compliance with these requirements, including but not limited to the documentation listed in Government Code Section 65652. The document imposing the affordability restriction on the units shall be reviewed and approved by the city attorney’s office.
(b) Application and review. Supportive housing seeking by right approval pursuant to Government Code Section 65650 et seq. shall require zoning clearance approval pursuant to Section 4.19.202 of the Zoning Ordinance. The director or their designee shall review the application in accordance with the requirements of Government Code 65650 et seq.
(i) A complete application for a supportive housing development with 50 or fewer units shall be approved or disapproved within 60 days from the date the City receives a complete application.
(ii) A complete application for a supportive housing development with more than 50 units shall be approved or disapproved within 120 days from the date the City receives a complete application.

SECTION 11. Section 3.17.290 (Transitional housing) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.290. Transitional housing.

A. Purpose. The purpose of this subsection is to set forth requirements for the establishment of transitional housing consistent with Government Code Section 65583(c)(3).

B. Requirements. Transitional housing shall be deemed a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

SECTION 12. Section 3.17.300 (Low barrier navigation centers) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.300. Low barrier navigation centers.

A. Purpose. The purpose of this subsection is to set forth requirements for the establishment and operation of low barrier navigation centers consistent with Government Code Section 65660 et seq.

B. Locations permitted. A low barrier navigation center is a permitted use in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided it meets the requirements of subsection 3.17.270.C.

C. Requirements. A low barrier navigation center shall meet the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d)(d) or Section 578.7(a)(8)(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D. Application and review.

1. Low barrier navigation centers shall require zoning clearance approval pursuant to Section 4.19.202 of the Zoning Ordinance to ensure compliance with the requirements of this section.

2. The director or their designee shall approve or disapprove a complete application for a low barrier navigation center within 60 days from the date the City receives a complete application.

E. Repeal. This Section 3.17.240 shall remain in effect only until January 1, 2027, and as of that date is repealed.

SECTION 13. A definition of “Employee housing” is hereby added to Section 6.31.020(E) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in alphabetical order and read as follows:

Employee housing. Employee housing means “employee housing” as defined in Health and Safety Code Section 17008 that provides accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b).

SECTION 14. A definition of “Low barrier navigation center” is hereby added to Section

6.31.020(L) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in alphabetical order and read as follows:

Low barrier navigation center. Low barrier navigation center means a Housing First, lowbarrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing (consistent with Government Code Section 65660). “Low-barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

SECTION 15. A definition of “Second primary unit” is hereby added to Section

6.31.020(S) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in alphabetical order and read as follows:

Second primary unit. A second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing primary dwelling unit.

SECTION 16. The definition of “Supportive housing” in Section 6.31.020(S) of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended to read as follows (additions in bold underline; deletions in bold strikethrough):

Supportive housing. Supportive housing means hHousing with no limit on the length of stay, that is occupied by the target population (as defined in Government Code Section 65582), and that is linked to on-site and off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (consistent with Government Code Section 65582). 50675.14.(b) of the California Health and Safety Code). Supportive housing uses shall be permitted as “community care facilities” within residential zones, subject to the same standards as other residential uses.

SECTION 17. The definition of “Transitional housing” in Section 6.31.020(T) of Appendix I (Zoning) of the Cypress Municipal Code is hereby amended to read as follows (additions in bold underline; deletions in bold strikethrough):

Transitional housing. Transitional housing is temporary housing (generally serving needs for between six (6) months to two (2) years) for homeless individuals or a family who is transitioning to permanent housing. Transitional housing development means buildings configured as rental housing developments, but operating under program requirements that call for require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of assistance (consistent with Government Code Section 65582). 50675.2.(h) of the California Health and Safety Code). Transitional housing shall be permitted as “community care facilities” within residential zones, subject to the same standards as other residential uses.

SECTION 18. A definition of “Urban lot split” is hereby added to Section 6.31.020(U) of Appendix I (Zoning) of the Cypress Municipal Code and shall be added in alphabetical order and read as follows:

Urban lot split. The division of a single parcel into two separate parcels in compliance with the provisions of Article XI (Urban lot splits) of Chapter 25 (Subdivisions).

SECTION 19. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 20. CEQA. In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt from environmental review because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The adoption of the proposed Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The Ordinance is limited to establishing procedures and regulations for various housing uses pursuant to State law. The City Council further finds and determines that the Ordinance amendments related to SB 9 are not a “project” for purposes of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and therefore do not require any environmental review under CEQA. No new construction is proposed.

SECTION 21. Effective date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 22. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the ____ day of _________, 2022. _______________________________

MAYOR OF THE CITY OF CYPRESS
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 Ordinance was duly adopted at a regular meeting of said City Council held on the _____ day of ___________, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
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 Filing Fee Exempt per Govt. Code Section 6103 P.O. Box 238
Santa Ana, CA 92702
Project Title
Ordinance Amending Selected Provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) to Implement the Housing Element and Comply with State Housing Laws Including Senate Bill 9 and a Policy to Implement the Requirements of Senate Bill 166 (No Net Loss Law)
Project Location - Specific
City-wide
Project Location - City
Cypress
Project Location - County
Orange
Description of Nature, Purpose, and Beneficiaries of Project A City-initiated amendment to the text of the Cypress Municipal Code, Chapter 25, and Appendix I (Zoning) to Implement the Housing Element and Comply with State Housing Laws, Including Senate Bill 9 and a Policy to Implement the Requirements of Senate Bill 166 (No Net Loss Law). No new construction is proposed as part of this action.

Name of Public Agency Approving Project
City of Cypress
Name of Person or Agency Carrying Out Project (Applicant’s Name and Address) City of Cypress, Planning Division, 5275 Orange Avenue, Cypress, CA 90630 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));
Categorical Exemption. State type and section number.

X General Rule (Sec. 15061 [b] [3])
Reasons why project is exempt:

It can be seen with certainty that there is no possibility that this ordinance amendment may cause a significant effect on the environment, since the amendment is general in nature, limited to establishing procedures and regulations for various housing uses pursuant to State law, and would not preclude the review and application of the CEQA Guidelines for specific future residential projects. The Ordinance amendments are not a “project” for purposes of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n).

Lead Agency Contact Person
Alicia Velasco, Planning Director
Area Code
(714)
Telephone Number
229-6720
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 6.

FROM: Douglas Dancs, Director of Public Works
DATE: 09/26/2022
SUBJECT: Accept the Concrete Rehabilitation, Project 293

RECOMMENDATION

1. Accept the Concrete Rehabilitation, Project 293, in the amount of $250,041.50 and approve the final payment of $12,502.08 to CJ Concrete Construction Inc.; and

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

DISCUSSION
City Council awarded a contract to CJ Concrete Construction Inc. in May for the Concrete Rehabilitation project. The project replaced approximately 14,000 square feet of concrete sidewalks, 1,900 square feet of driveway approaches, and 600 linear feet of curb and gutter at various locations. Work began in July and was completed in August.

Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.

BUDGET IMPACT
Sufficient amounts are included in the budget for this capital project. The original estimated cost of the project was $378,248 and final construction costs totaled $279,574.68.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table

PROJECT COST TABLE
Concrete Rehabilitation
Project 293
Item Description Difference
Construction
Construction $286,080.00 $250,041.50 $36,038.50
Construction Contingency 40,000.00 - 40,000.00
Sub-total Construction $326,080.00 $250,041.50 $76,038.50 Evaluation
Inspection $19,136.00 $11,646.93 $7,489.07
Inspection Contingency 2,864.00 - 2,864.00
Sub-total Construction $22,000.00 $11,646.93 $10,353.07 Construction Management & Inspection
Inspection $26,175.00 $17,886.25 $8,288.75
Inspection Contingency 3,993.00 - 3,993.00
Sub-total Construction $30,168.00 $17,886.25 $12,281.75 Total Project $378,248.00 $279,574.68 $98,673.32
Original
Amount
Actual
Expenditures
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Douglas Dancs, Director of Public Works
DATE: 09/26/2022
SUBJECT: Accept the Citywide Park Enhancements, Project 277

RECOMMENDATION

1. Accept the Citywide Park Enhancements, Project 277, in the amount of $220,759.61 and approve the final payment of $11,037.98 to Speedy Fix Inc.; and

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

DISCUSSION
City Council awarded a contract to Speedy Fix Inc., in June 2021 for Citywide Park Enhancements. This was the second year of a three-year program to replace various park amenities throughout the city. This project replaced picnic tables, benches, trash/recycling containers, drinking fountains, park signs, and other miscellaneous items at Willow, Darrell Essex, Manzanita, and Maple Grove North Park. Work began in January and was completed in July.

Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.

BUDGET IMPACT
Sufficient amounts are available in the Recreation and Park District's budget for this project.

The original estimated cost of the project was $238,980 and final construction costs totaled $236,385.61.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table

PROJECT COST TABLE
Citywide Park Enhancements
Project 277
Item Description Difference
Construction
Construction $198,800.00 $198,800.00 $-
Construction Contingency (15%) 24,000.00 21,959.61 2,040.39 Sub-total Construction $222,800.00 $220,759.61 $2,040.39 Construction Management & Inspection
Inspection $14,080.00 $14,080.00 $-
Inspection Contingency (15%) 2,100.00 1,546.00 554.00
Sub-total Construction $16,180.00 $15,626.00 $554.00
Total Project $238,980.00 $236,385.61 $2,594.39
* Includes a change order for unforseen site conditions, additional amenities, and cost adjustments.

Original
Amount
Actual
Expenditures
*
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Alisha Farnell, City Clerk
DATE: 09/26/2022
SUBJECT: Adopt a Resolution to Amend the Conflict of Interest Code

RECOMMENDATION
Adopt a Resolution amending the Conflict of Interest Code for the City and Recreation and Park District, which supersedes all prior Conflict of Interest Codes and amendments previously adopted.

DISCUSSION
The Political Reform Act requires every local government agency to review its Conflict of Interest Code (Code) every two years to determine if it is accurate or, alternatively, that the Code must be amended. The Code designates positions required to file a Statement of Economic Interest (Form 700), and assigns disclosure categories, specifying the types of interests to be reported.

One minor revision to the Conflict of Interest Code is currently needed to update the title of one position included in the list of designated filers. Since the last Code update in 2020, the Human Resources Administrator position has been reclassified to Human Resources Manager and the title must be updated in the designated positions list.

The attached Resolution adopts the Conflict of Interest Code for the City and Recreation and Park District. Additionally, the City is required to complete and execute the 2022 Local Agency Biennial Notice form and maintain a copy on file in the City Clerk's office.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution
Conflict of Interest Code
2022 Local Agency Biennial Notice
FPPC Regulation 18730
RESOLUTION NO.

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,

A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ADOPTING A

CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR

CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY

ADOPTED
WHEREAS, the Political Reform Act of 1974, Government Code §§ 81000 et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code and to amend the same on a regular basis; and WHEREAS, the City of Cypress has previously adopted a Conflict of Interest Code, and that Code now requires amendment; and
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted Regulation 18730, of the California Code of Regulations (2 Cal. Code of Regulations, § 18730), which contains the terms of a standard or model conflict of interest code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it will help clarify the Conflict of Interest Code requirements and make compliance with such Code easier.

NOW, THEREFORE, 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, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The attached Conflict of Interest Code incorporating by reference the terms of Regulation 18730 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission and the attached Appendices “A” and “B” in which officials and employees are designated and disclosure categories are set forth are hereby incorporated by reference and constitute the Conflict of Interest Code for the City of Cypress, California.

SECTION 2. Persons holding designated positions shall file Statements of Economic Interests pursuant to said Conflict of Interest Code.

SECTION 3. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted for the City of Cypress are hereby superseded. 2 SECTION 4. The provisions of this Conflict of Interest Code will become effective upon approval of the City Council of the City of Cypress, and ex-officio governing Board of Directors of the Cypress, Recreation and Park District.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress, and ex-officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 26
th day of September, 2022.

MAYOR OF THE CITY OF CYPRESS
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 26
th day of September, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS

CONFLICT OF INTEREST CODE

OF THE CITY OF CYPRESS AND THE

CYPRESS RECREATION AND PARK DISTRICT
The Political Reform Act (Government Code §§ 87100 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a Regulation 18730 that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, Regulation 18730 (2 Cal. Code of Regs. § 18730), and any amendments to it duly adopted by the Fair Political Practices Commission, is hereby incorporated Regulation 18730 reference. This policy administrative regulation and exhibit designating officials and employees shall constitute the Conflict of Interest Code of the City of Cypress and the Cypress Recreation and Park District.

Designated employees and individuals shall file statements of economic interests with this agency. Upon receipt of the statements of the City Council, City Manager, City Attorney, and City Treasurer, who are required to file statements of economic interests under Government Code § 87200, this agency shall make and retain copies and forward the originals of these statements to the Fair Political Practices Commission. Statements for all other designated employees, Assistant City Attorneys, and City Commissioners will be retained by this agency.

Designated employees and individuals who shall file statements of economic interests with this agency are so designated in Appendix “A.” Legal Reference:

EDUCATION CODE
1006 Prohibitions applicable to specified officers

GOVERNMENT CODE
1090-1097 Prohibitions applicable to specified officers 1125-1128 Incompatible activities
82028 Definitions “Gifts”
82030 Definitions “Income”
82033 Definitions “Interest in real property”
87100-87103.5 Conflicts of Interest
87200-87210 Disclosure
87300-87313 Conflict of interest code
87500 Statements of economic interests
91000-91015 Enforcement
CODE OF REGULATIONS, TITLE 2
18100 et seq. Regulations of the Fair Political Practices Commission 69 OPS. CAL. ATTY. GEN 225 (1986)
APPENDIX “A”
Designated Positions Disclosure Category
Assistant City Attorney ................................................................1,2,3,4,5,6 Building Official* ..........................................................................1,2,3,4,5,6 Chief of Police .............................................................................1,2,3,4,5,6 City Attorney................................................................................1,2,3,4,5,6 City Clerk.....................................................................................1,2,3,4,5,6 City Council .................................................................................1,2,3,4,5,6 City Engineer...............................................................................1,2,3,4,5,6 City Manager ...............................................................................1,2,3,4,5,6 City Planner.................................................................................1,2,3,4,5,6 City Treasurer/Director of Finance and Administrative
Services.......................................................................................1,2,3,4,5,6 Consultants*................................................................................1,2,3,4,5,6 Deputy City Attorney....................................................................1,2,3,4,5,6 Director of Community Development/Planning............................1,2,3,4,5,6 Director of Public Works ..............................................................1,2,3,4,5,6 Director of Recreation and Community Services .........................1,2,3,4,5,6 Finance Manager/Assistant Director of Finance and
Administrative Services ...............................................................1,2,3,4,5,6 Human Resources Administrator.................................................1,2,3,4,5,6 Information Technology Manager................................................1,2,3,4,5,6 Maintenance Superintendent.......................................................1,2,3,4,5,6 Members of all City Commissions, Boards, and Committees ......1,2,3,4,5,6 Police Captain .............................................................................1,2,3,4,5,6 Recreation and Community Services Manager ...........................1,2,3,4,5,6 Police Lieutenant …………………………………………………….1,2,3,4,5,6
Senior Management Analyst........................................................1,2,3,4,5,6 ___________________________________
*Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this Section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

APPENDIX “B”

DISCLOSURE CATEGORIES
Designated Employees in Disclosure Category 1 Must Report:

All interest in real property, as defined in Government Code § 82033, within the jurisdiction. Real property shall be deemed to be within the jurisdiction of the property or any part of it is located within or not more than two miles outside the boundaries of the City of Cypress, or within two miles of any land owned or used by the City of Cypress.

No disclosure need be made concerning the principal residence of the designated employee.

Designated Employees in Disclosure Category 2 Must Report:

All investments, as defined in Government Code § 87034. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Cypress, or if the business entity is doing business or planning to do business in the City of Cypress, or has done business within the City of Cypress at any time during the two years prior to the filing of the statement.

Designated Employees in Disclosure Category 3 Must Report:

All income, as defined in Government Code § 82030, from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed.

Designated Employees in Disclosure Category 4 Must Report:

Employees whose duties involve contracting or purchasing:

Contracts or makes purchases for the entire City: Investments and business positions in business entities and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Cypress.

Contracts or makes purchases for specific department: Investments and business positions in business entities and sources of income, which provide services, supplies materials, machinery or equipment of the type utilized by the designated employee’s department of division.

Designated Employees in Disclosure Category 5 Must Report: Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property.

Designated Employees in Disclosure Category 6 Must Report: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the City of Cypress.

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories 3 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $470. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $470 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected 9 officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. 10 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $470 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be 13 made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. _______________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Mark Lauderback, Chief of Police
DATE: 09/26/2022
SUBJECT: Approve an Appropriations Increase Associated with the 800 Megahertz Countywide Coordinated Communications System

RECOMMENDATION
Approve an appropriations increase of $35,213 in the General Fund to provide for the City's FY 2022-23 share of costs for the Orange County 800 Megahertz Countywide Coordinated Communications System.

DISCUSSION
The 800 MHz Countywide Coordinated Communication System is Orange County's public safety radio system which provides communication services to all city and county law enforcement, fire services, public works and lifeguard/marine safety departments. The County system is the only radio system option available to agencies in Orange County.

A partnership agreement between the County and participating agencies has been in place for over 20 years and in 2021, a new Joint Agreement for the implementation and operation of the system was approved by all participating agencies. The Joint Agreement allocates costs based on the number of radios in use for each agency and the County initially estimated the annual cost to the City would be $53,166 for FY 2022-23. In July, the County notified Cypress that the actual FY 2022-23 costs would be $88,379. Notification was received after budget adoption, resulting in an appropriation shortfall in the Police Department's budget.

BUDGET IMPACT
Sufficient amounts are available in the unassigned fund balance of the General Fund for the $35,213 additional appropriation and future budgets will incorporate the County's revised cost allocation plan.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
2021 800 Mhz Countywide Agreement

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 09/26/2022
SUBJECT: Approve Continuing Appropriations, Revenues and Transfers from FY 2021-22 to FY 2022-23

RECOMMENDATION

1. Authorize the appropriation of $3,040,288 in FY 2022-23 for the carryover of continuing appropriations from FY 2021-22, as detailed in Attachment A; and

2. Authorize the appropriation of $2,647,136 in FY 2022-23 for the carryover of encumbrances at June 30, 2022, as detailed in Attachment B; and

DISCUSSION
Each fiscal year, the City Council adopts an annual budget for the period of July 1 through June 30. At the end of each fiscal year, there are typically activities and purchases in progress which have not been completed. The budget for those activities lapse at fiscal year end unless the City Council re-establishes the budget in the subsequent year. At the end of each year, an analysis is performed to determine which budgeted activities need to be carried over to the new fiscal year. Open purchase orders and programs/projects for which a purchase order has not yet been issued, but are expected to be completed in the new fiscal year, are requested to be re-appropriated from prior year resources to complete the activities of the prior year budget. Operating transfers and other revenues specific to the proposed continuing appropriations are also requested to be re-budgeted to properly allocate program/project resources.

The carryover, or re-budgeting, of encumbrances and continuing appropriations represents previously approved purchases, plans, or projects. In many cases, preliminary work has been performed in association with the plans or projects. If the proposed encumbrances and continuing appropriations were not carried over into FY 2022-23, sufficient appropriations would not exist in the current year budget to fund both the continued projects and the new projects approved in the FY 2022-23 budget.

BUDGET IMPACT
The recommended carryover, or re-budgeting, of encumbrances and continuing appropriations represents previously approved purchases and projects contained in the FY 2021-22 budget. Projected fund balance amounts included in the FY 2022-23 budget are not impacted since the carried over activities have been budgeted previously and were expected to be expended prior to June 30, 2022.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Attachment A - Continuing Appropriations from FY 2021-22 to FY 2022-23 Attachment B - Carryover Encumbrances from FY 2021-22 to FY 2022-23 Attachment C - Continuing Transfers and Revenue from FY 2021-22 to FY 2022-23 Attachment A

CITY OF CYPRESS

CONTINUING APPROPRIATIONS
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23

PURPOSE/DESCRIPTION ACCOUNT CLASSIFICATION ACCOUNT NUMBER AMOUNT

GENERAL FUND
City Manager Contingency Contingency 111-20111.4130_100 $ 220,777 Election Advertising - City Clerk Advertising 111-20116.4150 4,288 Electronic Budget Book Solution Computer Hardware/Software 111-40142.4116 25,000 Training - Human Resources Contract Services 111-40151.4187_019 6,000 Project Management Services - Planning Professional Services 111-60191.4187_100 21,000 Inspection Services - Public Works Professional Services 111-70261-7261.4189_010 9,504 Pandemic Support - Business Recovery Program Contributions/Donations 111-20117.4163 319,477 TOTAL GENERAL FUND $ 606,046

GENERAL FUND GRANTS FUND
OTS Grant - Police Salaries - Overtime 114-50183.4003_014 $ 32,500 OTS Grant - Police Training 114-50183.4180 1,536
OTS Grant - Police Other Contract Services 114-50183.4188_005 1,650 OTS Grant - Police Supplies 114-50183.4103_004 781
CDBG Housing Rehabilitation Loans - CDBG Housing Rehabilitation 114-66195.4170 100,282 TOTAL GENERAL FUND GRANTS FUND $ 136,749

TRAFFIC MITIGATION ASSESSMENT FUND
Street Widening for Lexington Park Public Works Construction 234-80100-8013.4186 $ 212,792 TOTAL TRAFFIC MITIGATION ASSESSMENT FUND $ 212,792

ROAD MAINTENANCE AND REHABILITATION FUND
Orange Avenue Slurry Seal - OC Sanitation District Public Works Construction 239-80100-8012.4186 $ 147,000 TOTAL TRAFFIC MITIGATION ASSESSMENT FUND $ 147,000

LIGHTING DISTRICT FUND
Katella OCTA Traffic Signal Synchronization Public Works Construction 251-80200-8021.4186 $ 27,600 Traffic Signal Timing Project Public Works Construction 251-80200-8021.4186 216,000 Upgrade Traffic Software/Components Public Works Construction 251-80200-8021.4186 260,000 TOTAL LIGHTING DISTRICT FUND $ 503,600

SEWER FUND
Sewer System Improvements-Various Public Works Construction 321-80400.4186 $ 150,000 Sewer Lateral Replacement - Police Dept. Public Works Construction 321-80400.4186 237,000 TOTAL SEWER FUND $ 387,000

CAPITAL PROJECTS FUND
Civic Center Security Enhancements Public Works Construction 415-80600-8061.4186 $ 105,000 Cypress Branch Library Lease Improvements Public Works Construction 415-80600-8061.4186 226,920 Police Department Vehicle Access Gate Public Works Construction 415-80600-8061.4186 53,000 City Hall East Wing Carpet/Blinds Public Works Construction 415-80600-8061.4186 75,000 Workstation Replacement - City Hall East Wing Public Works Construction 415-80600-8065.4186 75,000 TOTAL CAPITAL PROJECTS FUND $ 534,920

CAPITAL REPLACEMENT FUND
Mobile Data Computer Replacement - Police Computer Hardware/Software 721-95200.4305_300 $ 250,000 Storm Drainage Pump Station Software Upgrade Computer Hardware/Software 721-95200.4307_300 75,000 PD SWAT Ballistic Vests (4) Equipment - Police 721-95300.4305_200 14,787 Digital Plan Review Workstations - PW Computer Hardware/Software 721-95200.4306_300 7,808 Online Zoning and Land Planning System Computer Hardware/Software 721-95200.4306_300 85,000 Financial Accounting System Enhancements Finance Software System 721-95200.4304_320 64,586 Vehicle Upfitting (4) Vehicles 721-95500.4307_400 15,000 TOTAL CAPITAL REPLACEMENT FUND $ 512,181
GRAND TOTAL-CARRYOVER APPROPRIATIONS $ 3,040,288
Attachment B

PO VENDOR DESCRIPTION ACCOUNT NUMBER AMOUNT
GENERAL FUND - 111
2022-733 1413 Consulting Property Room Audit 111-50161.4189_100 $ 14,900 2022-542 Motoport Motorcycle Jackets(2) 111-50173.4113 1,480 2021-415 Veronica Tam & Associates 2021-29 Housing Element Update Preperation 111-60192.4189_007 35,829 2021-453 LSA Associates Initial Study/Mit Neg Dec for Housing Element Update 111-60192.4189_007 8,531 2022-598 LSA Associates Environmental Impact Report for Housing Element 111-60192.4189_007 308,034 2022-599 Annealta Group Housing Element Supplemental Planning Services 111-60192.4189_007 71,610 2022-785 LSA Associates Initial Study/Mit Neg Dec for Business Park Modernization 111-60192.4189_007 60,300 2022-786 Casc Engineering and Consulting Business Park Modernization 111-60192.4189_007 199,916 2022-421 Willdan Engineering Neighborhood Preservation Pilot Program 111-60193.4187_100 160,730 2021-708 Michael Balliet Consulting On-Call Solid Waste Consulting Services 111-70720.4189_100 14,548 TOTAL GENERAL FUND $ 875,878
GENERAL FUND GRANTS - 114
2022-583 U S Armor Corporation Police Ballistic Vests(9) 114-50183.4113 $ 2,618 TOTAL GENERAL FUND GRANTS $ 2,618
TRAFFIC MITIGATION ASSESSMENT FUND - 234
2020-507 Community Works Design Group Final Design of LARC Park, Project 225 234-80100-8013.4186 $ 3,238 2021-439 Griffin Structures Construction Inspection-Lexington Park 234-80100-8013.4186 411 2020-507 Community Works Design Group Final Design of LARC Park, Project 225 234-80200-8021.4186 1,169 TOTAL TRAFFIC MITIGATION ASSESSMENT FUND $ 4,818
MEASURE M FUND - 236
2022-450 Iteris Traffic Camera Infrastructure Upgrades(11) 236-80200-8021.4186 $ 8,110 2022-453 Yunex, LLC Traffic Camera Upgrades(11) 236-80200-8021.4186 61,735 TOTAL ROAD MAINTENANCE AND REHAB FUND $ 69,845
ROAD MAINTENANCE AND REHAB FUND - 239
2021-645 Nichols Consulting Pavement Management Program 239-80100-8011.4186 $ 4,300 2022-779 TRC Inspect/Street Rehabilitation 239-80100-8012.4186 19,624 2022-782 American Asphalt South Construct/Street Rehabilitation 239-80100-8012.4186 167,238 TOTAL ROAD MAINTENANCE AND REHAB FUND $ 191,162
LIGHTING DISTRICT #2 FUND - 251
2022-436 Crosstown Electrical & Data Inc Install LED Illuminated Street Signs 251-80800-8081.4186 $ 11,050 2022-694 Yunex, LLC Install Street Lights(3) 251-70223.4187_024 18,639 TOTAL LIGHTING DISTRICT #2 FUND $ 29,689
ASSET SEIZURE FUND - 283
2022-709 All American Sign Co PD Digital Flag Art Work 283-50189.4103_004 $ 730 TOTAL ASSET SEIZURE FUND $ 730
SEWER FUND - 321
2020-379 AKM Consulting Engineers Sewer System Management Plan Update and Audit 321-70219.4189_100 $ 30,127 2022-666 AKM Consulting Engineers Sewer System Management Plan Audit 321-70219.4189_100 37,970 2022-470 AKM Consulting Engineers Design/Civic Center Sewer 321-80400-8041.4186 42,028 2022-482 Pipe Tec, Inc Construct/Sewer System Evaluations 321-80400-8041.4186 32,426 TOTAL SEWER FUND $ 142,551

CITY OF CYPRESS

CARRYOVER ENCUMBRANCES
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
Attachment B

PO VENDOR DESCRIPTION ACCOUNT NUMBER AMOUNT

CITY OF CYPRESS

CARRYOVER ENCUMBRANCES
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
CAPITAL PROJECTS FUND - 415
2022-634 Onyx Paving Company, Inc Construct/Residential Street Rehabilitation 415-80100-8011.4186 $ 181,168 2022-779 TRC Inspect/Rsidential Street Rehabilitation 415-80100-8011.4186 26,013 2022-782 American Asphalt South Construct/Street Rehabilitation 415-80100-8011.4186 221,688 2022-778 TRC Inspect/Concrete Rehabilitation 415-80500-8051.4186 30,168 2022-780 CJ Concrete Construction, Inc Construct/Concrete Rehabilitation 415-80500-8051.4186 326,080 2021-224 David Volz Design Design/Katella Avenue Median Restoration 415-80500-8052.4186 11,500 2021-753 Marina Landscape Inc Construct/Katella Ave Median Restoration 415-80500-8052.4186 119,985 2018-589 Robert Borders & Assoc Police Department Seismic Retrofit/EOC Modernazation 415-80600-8061.4186 7,530 2021-471 Interlog Construction PD Seismic Retrofit, EOC and Modernization, Project 126 415-80600-8061.4186 11,302 2021-493 Robert Borders & Assoc Design Support-PD Seismic Retrofit 415-80600-8061.4186 6,903 2022-334 Tangram Interiors PD Workstations and Seating 415-80600-8061.4186 23,084 TOTAL CAPITAL PROJECTS FUND $ 965,421
CITY CENTRAL SERVICES FUND - 711
2022-606 Fred Guys Auto Body & Paint Replace Front Bumper and Right Fender - Unit 610 711-70621-7634.4156_150 $ 5,393 TOTAL CITY CENTRAL SERVICES FUND $ 5,393
INFORMATION SYSTEMS FUND - 713
2022-266 ADS Consulting Group Inc Disaster Recovery Planning and Testing 713-40605.4189_015 $ 14,667 TOTAL INFORMATION SYSTEMS FUND $ 14,667
CAPITAL REPLACEMENT FUND - 721
2022-348 MVP Security Systems, Inc ID Badge and Access Credential Modernization 721-95100.4304_100 $ 6,555 2022-524 MVP Security Systems, Inc Security Camera and Door Access Installation at PD 721-95200.4305_300 29,523 2022-225 National Auto Fleet Group PD Vehicles (4) and Public Works Vehicles (2) 721-95500.4307_400 226,920 2022-707 Data Safety Supply Marked Police Vehicle Upfitting - Unit 619 721-95500.4307_400 20,309 2022-723 National Auto Fleet Group Marked Police Vehicle - Unit 616 721-95500.4307_400 61,059 TOTAL CAPITAL REPLACEMENT FUND $ 344,366
TOTAL CITY $ 2,647,136
Attachment C
OPERATING TRANSFERS:

FROM TO AMOUNT
111 General Fund 721 Equipment Replacement Fund $107,271 232 Gas Tax 2106 Fund 415 City Capital Projects Fund 281,485 238 Gas Tax 2103 Fund 239 RMRA Fund 250,000
261 Storm Drainage Fund 721 Equipment Replacement Fund 75,000 416 Infrastructure Reserve Fund 415 City Capital Projects Fund 459,920 731 Technology Master Plan 713 Information Systems Fund 4,667 731 Technology Master Plan 721 Equipment Replacement Fund 110,934 760 General Liability Insurance Fund 721 Equipment Replacement Fund 51,160 TOTAL OPERATING TRANSFERS $1,340,437
GRANT REVENUE:

FUND ACCOUNT SOURCE AMOUNT
111 General Fund 111-99999.3525 CA Corrections Law Enf. (Homelessness) 37,833 111 General Fund 111-99999.3525 State LEAP Grant - Planning 48,037 111 General Fund 111-99999.3525 State Tobacco Grant - PD SRO 56,935 114 General Fund Grants 114-66195.3572 Community Development Block Grant 102,082 114 General Fund Grants 114-50183.3525 OTS Public Safety Grant - PD 55,838 114 General Fund Grants 114-50183.3525 Bulletproof Vest Program - PD 5,712 TOTAL GRANT REVENUE $306,437

CITY OF CYPRESS

CONTINUING OPERATING TRANSFERS AND GRANT REVENUE
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 09/26/2022
SUBJECT: Approve Supplemental Appropriations and Increases to Estimated Revenues and Transfers for FY 2021-22

RECOMMENDATION

1. Approve FY 2021-22 supplemental appropriations of $547,681 and increase estimated revenues by $730,781 for the City; and

2. Approve FY 2021-22 supplemental appropriations of $2,500 for the Cypress Recreation and Park District; and

SUMMARY
Each year when the Budget is prepared, certain programs are budgeted based on best available estimates but are subject to occurrences not known at the time of preparation. In many cases, these factors are out of the City's control and the final budget impact is not known until the end of the fiscal year. Once the exact impact is known, the City Council may approve additional appropriations and establish the final Amended Budget to ensure budgetary compliance at fiscal year-end.

The attached adjustments to the FY 2021-22 budget are expected to be the final amendments of the fiscal year and will be used for year-end financial reporting.

DISCUSSION
General Fund
General Fund
Based on the preliminary analysis of FY 2021-22 expenditures, the General Fund will be under total adopted appropriations by approximately $2.9 million. Despite these savings, and as is often the case, a few General Fund programs exceeded budget.

Building Division
The Community Development Building division exceeded its contract inspections and plan checking budget due to higher levels of building activity than projected in the budget.

Forecasting the division's annual contract costs is difficult due to many outside factors, including the economy's impact on local development activity. Therefore, revenue and expenditure projections associated with development activity are historically estimated prudently and actual receipts and disbursements can fluctuate significantly from year to year.

The higher activity levels experienced in FY 2021-22 resulted in more revenues (fees) and additional contract costs.

Public Works Engineering Division
The Public Works Engineering Division exceeded its budget for contract inspection services for plan checks and permits. Similar to the Building Division, contract costs for inspection services tend to fluctuate from year to year due to a variety of factors. The additional activity levels this past year resulted in the receipt of additional fee revenues which offset the higher costs.

Other Funds
The Supplemental Law Enforcement Special Revenue Fund exceeded budget due to receiving $32,281 more in State grants than anticipated. The City uses these grant amounts, approximately $160,000 annually, to pay for a Police Services Officer and a portion of a Police Officer. The additional appropriation is fully offset by a $32,281 increase to revenues.

The Lighting District Fund exceeded its budget for street lighting by $121,600 due to higher electricity costs. The overage is attributed to significant rate adjustments by Southern California Edison which went into effect in 2021. The new rates are approximately 20 percent higher than the previous rates and additional rate increases are anticipated in future years.

The Corporate Center Maintenance District Fund, which assesses property owners to pay the costs associated with maintaining the Stanton Channel Berm, exceeded its budget for water by $15,300. Another dry winter, combined with higher water rates, caused the budget overage.

The Low and Moderate Housing Asset Fund, which is restricted to use on eligible housing activities benefiting low and moderate income residents, exceeded its budget by $32,300.

The overage is primarily due to the need to spend additional staff time administering the forgivable loan program resulting from processing changes by the County and the City's loan consultant. These additional costs are offset by salary savings in the General Fund.

The City Central Services Internal Service Fund, which accounts for the repair and maintenance of facilities and vehicles, exceeded budget by $88,800. The overage is attributable to the significant gasoline price increases experienced in the past year, and its impact on fueling costs for the City's fleet of vehicles.

Recreation and Park District
CRPD Central Services Internal Service Fund
The costs to maintain the District's vehicles exceeded budget by $2,500. The overage is a result of higher fuel costs and utilizing more City fleet maintenance labor hours than initially estimated.

Park Development Fund
The Park Development Fund receives fees from developers of housing units that are required to be used for the construction of park improvements. The City has previously loaned the District nearly $12.3 million for the construction of Lexington Park, which will be repaid from available Park Development fees. In February, $4.8 million of available park development fees were applied against the outstanding loan balance. An additional $1.1 million in park development fees were received in FY 2021-22 and it is recommended these amounts be transferred to the City to further pay down the loan. The additional $1.1 million repayment results in $6.4 million remaining on the loan at June 30, 2022.

BUDGET IMPACT
This action provides budgetary compliance for costs already incurred relating to situations not anticipated when the budget was approved; therefore, there is no fiscal impact as a result of this action.

The appropriation requests of $547,681 for the City and $2,500 for the District, summarized in Attachment A, will cover operating program expenditures which exceeded budget estimates. These supplemental appropriations for the City are more than offset by increases of $730,781 to estimated revenues for building and engineering fees, and other grants which are also summarized in Attachment A.

The authorization for the District to repay $1.1 million results in additional cash balances being available for future infrastructure needs of the City.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Attachment A - FY 2021-22 Supplemental Appropriations, Estimated Revenue and Transfer Adjustments
Attachment A

CITY OF CYPRESS

SUPPLEMENTAL APPROPRIATIONS, ESTIMATED REVENUE AND TRANSFER ADJUSTMENTS FOR FISCAL YEAR 2021-22

PURPOSE/DESCRIPTION ACCOUNT NUMBER AMOUNT

SUPPLEMENTAL APPROPRIATIONS - CITY

GENERAL FUND
Inspection Services - Building 111-65243-6243.4189_010 $ 69,700 Inspection Services - Electrical 111-65243-6244.4189_010 47,100 Inspection Services - Plumbing/Heating 111-65243-6245.4189_010 28,500 Building Plan Checks 111-65247.4189_006 65,700
Inspection Services - Engineering Plan Check 111-70261-7261.4189_010 46,400 TOTAL GENERAL FUND $ 257,400

SUPPLEMENTAL LAW ENFORCEMENT FUND
Salaries - Regular 301-50181.4001 $ 15,337
Fringe Applied 301-50181.4006 16,944
TOTAL SUPPLEMENTAL LAW ENFORCEMENT FUND $ 32,281

LIGHTING DISTRICT FUND
Electricity 251-70223.4200 $ 121,600
TOTAL LIGHTING DISTRICT FUND $ 121,600

CORPORATE CENTER MAINTENANCE DISTRICT FUND
Water 271-70239.4202 $ 15,300
TOTAL CORPORATE CENTER MAINTENANCE DISTRICT FUND $ 15,300

LOW AND MODERATE HOUSING ASSET FUND
Salaries - Regular 471-62198.4001 $ 15,500
Fringe Applied 471-62198.4006 16,300
Contract Services 471-62198.4187_100 500
TOTAL LOW AND MODERATE HOUSING ASSET FUND $ 32,300

CITY CENTRAL SERVICES INTERNAL SERVICE FUND
Fuel - City Vehicles 711-70621-7621.4106 $ 12,300
Fuel - Police Vehicles 711-70621-7634.4106 74,000
Salaries - Regular 711-70621-7635.4001 900
Fringe Applied 711-70621-7635.4006 950
Fuel - CRPD Vehicles 711-70621-7635.4106 650
TOTAL CITY CENTRAL SERVICES INTERNAL SERVICE FUND $ 88,800 TOTAL SUPPLEMENTAL APPROPRIATIONS - CITY $ 547,681
Attachment A

CITY OF CYPRESS

SUPPLEMENTAL APPROPRIATIONS, ESTIMATED REVENUE AND TRANSFER ADJUSTMENTS FOR FISCAL YEAR 2021-22

PURPOSE/DESCRIPTION ACCOUNT NUMBER AMOUNT

SUPPLEMENTAL APPROPRIATIONS - CYPRESS RECREATION AND PARK DISTRICT

CRPD CENTRAL SERVICES INTERNAL SERVICE FUND
Contract Services 715-90661.4188_200 $ 2,500
TOTAL SUPPLEMENTAL APPROPRIATIONS - CYPRESS RECREATION AND PARK DISTRICT $ 2,500

ESTIMATED REVENUES - CITY

GENERAL FUND
Building Permits 111-65241.3200 $ 263,600
Plumbing/Heating Permits 111-65241.3201 51,300
Electrical Permits 111-65241.3202 110,300
Plan Check Fees - Building 111-65241.3620 221,500
Engineering and Inspection Fees 111-70201.3621 51,800
TOTAL GENERAL FUND $ 698,500

SUPPLEMENTAL LAW ENFORCEMENT FUND
Grants - Miscellaneous 301-99999.3525 $ 32,281
TOTAL SUPPLEMENTAL LAW ENFORCEMENT FUND $ 32,281
TOTAL ESTIMATED REVENUES - CITY $ 730,781

TRANSFERS

PARK DEVELOPMENT FUND
Transfer to CRPD General Fund 213-99999.4501_212 $ 1,106,889

INFRASTRUCTURE FUND
Transfer from CRPD General Fund 416-99999.3901_212 $ 1,106,889 CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 09/26/2022
SUBJECT: Approve Cypress Recreation and Park District Continuing Appropriations from FY 2021-22 to FY 2022-23

RECOMMENDATION

1. Appropriate $1,438,195 in FY 2022-23 for items encumbered at June 30, 2022 as detailed in Attachment A; and

2. Appropriate $699,282 in FY 2022-23 for the carryover of continuing appropriations as detailed in Attachment A; and

3. Authorize the continuation of operating transfers to FY 2022-23 totaling $105,243 as detailed in Attachment A.

DISCUSSION
There are typically District activities and purchases in progress at the end of a fiscal year, the majority of which relate to capital projects. An analysis of the prior year budget is performed to determine which activities need to be carried over to the new fiscal year. Open purchase orders and programs/projects expected to be completed in the new fiscal year are recommended for re-appropriation from prior year resources. Additionally, revenues and operating transfers related to the continuing appropriations may also be recommended for re-budgeting to properly allocate program/project resources.

The appropriations associated with each budget lapse at fiscal year-end unless the City Council re-establishes the appropriation. The carryover, or re-budgeting, of encumbrances and continuing appropriations represents previously approved purchases, plans, or projects as summarized in Attachment A. If the proposed encumbrances and continuing appropriations were not carried over into FY 2022-23, sufficient appropriations would not exist to fund both the continued projects and the new projects approved in the FY 2022-23 budget.

BUDGET IMPACT
The recommended carryover, or re-budgeting, of encumbrances and continuing appropriations represents previously approved purchases and projects included in the FY 2021-22 budget. Projected fund balance amounts included in the FY 2022-23 budget are not impacted since the carried over activities have been budgeted previously and were expected to be fully expended prior to June 30, 2022.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Attachment A - CRPD Carryovers from FY 2021-22 to FY 2022-23

ACCOUNT

VENDOR (PO NUMBER) ACTIVITY NUMBER AMOUNT

GENERAL FUND
Community Works Design (2020-507) Final Design/Lexington Park 212-80700-8071.4186 $ 25,363 Horizons Construction (2021-435) Construct/Lexington Park 212-80700-8071.4186 206,642 Griffin Structures (2021-439) Construction Inspection/Lexington Park 212-80700-8071.4186 7,812 Speedy Fix (2021-740) City-wide Park Enhancements 212-80700-8071.4186 2,040 BOA Architecture (2022-437) Design/HVAC Replacement/Community Cent 212-80700-8071.4186 4,500 Moore Iaconfano Goltsman (2022-630) Design/Arnold Cypress Park Rehabilitation 212-80700-8071.4186 884,420 BOA Architecture (2022-702) Design/Roof Replacement/Community Center 212-80700-8071.4186 7,500 BOA Architecture (2022-720) Design/Senior Center Improvements 212-80700-8071.4186 36,200 Griffin Structures (2022-783) Review/Arnold Cypress Park Rehabilitation 212-80700-8071.4186 85,550 TOTAL-GENERAL FUND $ 1,260,027

CAPITAL REPLACEMENT FUND
Century Industries (2022-566) Showmobile Replacement 725-95300.4310_400 $ 178,168 TOTAL-CAPTIAL REPLACEMENT FUND $ 178,168
TOTAL-CARRYOVER ENCUMBRANCES $ 1,438,195

CARRYOVER APPROPRIATIONS

ACCOUNT

PURPOSE ACTIVITY NUMBER AMOUNT

GENERAL FUND
Senior Center Interior Improvements Capital Project - Park Facilities 212-80700-8071.4186 $ 286,000 City-Wide Park Enhancements Capital Project - Park Facilities 212-80700-8071.4186 200,000 Additional Design/Review - Arnold Cypres Capital Project - Park Construction 212-80700-8071.4186 111,450 Lexington Park Construction Capital Project - Park Construction 212-80700-8071.4186 100,000 TOTAL-GENERAL FUND $ 697,450

CAPITAL REPLACEMENT FUND
Showmobile Accessories Capital Outlay - Vehicles 725-95300.4310_400 $ 1,832 TOTAL-CAPTIAL REPLACEMENT FUND $ 1,832
TOTAL- CARRYOVER APPROPRIATIONS $ 699,282

ACCOUNT
PURPOSE Funds NUMBERS AMOUNT
Showmobile Replacement CRPD General Fund to Capital Replacement 212-99999.4501_725 $ 105,243 725-99999.3901_212
TOTAL-CARRYOVER TRANSFERS $ 105,243

CARRYOVER TRANSFERS
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
Attachment A

CYPRESS RECREATION AND PARK DISTRICT

CARRYOVER ENCUMBRANCES
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
FROM FISCAL YEAR 2021-22 TO FISCAL YEAR 2022-23
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Douglas Dancs, Director of Public Works
DATE: 09/26/2022
SUBJECT: Approve the Purchase of a Replacement Forklift for Public Works

RECOMMENDATION
Approve the $33,280.51 purchase of a replacement forklift for Public Works from Doosan through Sourcewell cooperative purchasing.

DISCUSSION
The FY 2022-23 Budget includes the replacement of a forklift that has reached the end of its useful life. The forklift is used for unloading deliveries and supplies on multi-tiered shelving as well as moving pallets of materials. Public Works will purchase the forklift from Doosan via 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 due to 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 for the forklift is $33,280.51 and once the purchase is initiated, it is expected to be delivered and put into service in early 2023.

BUDGET IMPACT
The FY 2023-23 Budget for capital outlay includes sufficient appropriations for the replacement of the forklift.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Cost Estimate
Cost Summary

Cost Breakdown Summary
Make/Model Price Per Unit Total Price
Doosan G30E-7 Fork Lift $30,886.78 $30,886.78
Sales Tax $2,393.73 $2,393.73
Total $33,280.51
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 14.

FROM: Alisha Farnell, City Clerk
DATE: 09/26/2022
SUBJECT: Proclaim the Month of September 2022 as Childhood Cancer Awareness Month

RECOMMENDATION
Proclaim the month of September 2022 as Childhood Cancer Awareness Month.

DISCUSSION
At the September 12 City Council meeting, Mayor Pro Tem Hertz-Mallari requested a proclamation be added to the September 26 agenda in honor of Childhood Cancer Awareness Month. There were no objections to the request.

A proclamation has been prepared for the Mayor’s signature and is attached for consideration.

BUDGET IMPACT
None.

LEGAL REVIEW
None.

APPROVED BY: Peter Grant, City Manager
Attachments
Proclamation

CHILDHOOD CANCER AWARENESS MONTH
SEPTEMBER 2022
WHEREAS, childhood cancer is the leading cause of death by disease in children; and
WHEREAS, one in 285 children in the United States will be diagnosed with cancer by their 20th birthday; and
WHEREAS, 46 children per day or 16,790 children per year are diagnosed with cancer in the U.S.; and
WHEREAS, there are approximately 40,000 children on active treatment at any given time; and
WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to life-threatening; and
WHEREAS, in the last 20 years only four new drugs have been approved by the FDA to specifically treat childhood cancer; and
WHEREAS, the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; and WHEREAS, hundreds of non-profit organizations at the local and national level are helping children with cancer and their families cope through educational, emotional and financial support; and
WHEREAS, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer; and WHEREAS, too many children are affected by this deadly disease and more must be done to raise awareness and find a cure; and
NOW, THEREFORE, I, Paulo M. Morales, Mayor of the City of Cypress, along with my fellow Council Members, do hereby proclaim the month of September 2022, as CHILDHOOD CANCER AWARENESS MONTH in the City of Cypress. _________________________________
PAULO M. MORALES

MAYOR OF THE CITY OF CYPRESS
Dated: September 26, 2022
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 15.

FROM: Alisha Farnell, City Clerk
DATE: 09/26/2022
SUBJECT: Proclaim the Week of October 9-15, 2022 as Fire Prevention Week

RECOMMENDATION
Proclaim the week of October 9-15, 2022 as Fire Prevention Week.

DISCUSSION
Periodically, the City receives requests to publicly declare, recognize, observe, or promote awareness of a special event. As the City's past practice has established, routine and/or internal proclamation requests are placed on an agenda for consideration by the City Council. Any new proclamation requests are forwarded to the City Council and a Council Member may request the proclamation be added to a future agenda in accordance with City Council policy.

The City Clerk received a routine request from Orange County Fire Authority requesting the City Council officially proclaim the week of October 9-15, 2022 as Fire Prevention Week. A proclamation has been prepared for the Mayor’s signature and is attached for consideration.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Proclamation

FIRE PREVENTION WEEK
OCTOBER 9 – 15, 2022
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, working smoke alarms in the home can reduce the risk of dying in a fire by more than half. An average of 358,500 homes experience a structural fire each year; and
WHEREAS, more than one third of home fire deaths occur in homes with no smoke alarms. The risk of dying in reported home structure fires is 55 percent lower in homes with working smoke alarms; and
WHEREAS, in 2019, California was in the top three states in the U.S. with the largest number of fire deaths; and
WHEREAS, Orange County residents should install working smoke alarms on every level of the home, in the hallway outside the sleeping areas, and in each bedroom, check their smoke alarms monthly, replace batteries regularly, replace smoke alarms every 10 years and create and practice their home escape plans; and WHEREAS, Orange County residents are responsive to public education and outreach measures and can take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2022 Fire Prevention Week theme, “Fire won’t wait. Plan your escape” effectively serves to remind us to educate everyone about simple but important actions they can take to keep themselves and those around them safe from home fires.

NOW, THEREFORE, the City Council of the City of Cypress does hereby proclaim the week of October 9-15, 2022, as FIRE PREVENTION WEEK throughout the City of Cypress and urges residents to plan and practice a home fire escape so that everyone knows what to do when the smoke alarm sounds. The City Council also encourages residents to support the many public safety activities and efforts of the Orange County Fire Authority during Fire Prevention Week 2022.
__________________________________
PAULO M. MORALES

MAYOR OF THE CITY OF CYPRESS
Dated: September 26, 2022
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 16.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 09/26/2022
SUBJECT: Receive and File the Investment Report for the Month Ended August 31, 2022

RECOMMENDATION
Receive and file the attached investment reports.

DISCUSSION
California Government Code Section 53607 and Cypress Municipal Code Section 2-18(f) requires the submission of a monthly investment report to the City Council. As of August 31, 2022, the City had $183.5 million (current market value) in cash and investments and the interest return (yield) on the public funds investments was 1.40%. As required by the Government Code, all investments are in conformity with the City's investment policy and sufficient cash flows are available to meet the next six months of estimated expenditures.

The attached Summary of Cash and Investments presents the investments held by the City of Cypress as August 31, 2022. The Investment Reports consist of the following five summaries:

1. Summary of Cash and Investments - Provides the total portfolio of the City.

Changes in Cash and Investments - Provides a two-month cash flow analysis by fund type. These separate fund types allow for restricted monies to be segregated and tracked separately. The total ending amount agrees to the current market value shown in the Summary of Cash and Investments.

2. Investments at Market Value by Maturity Date - Provides a list of investments by maturity date, and an indication of the liquidity (ability to turn into cash) of the investments. The California Government Code restricts the type of investments eligible for public funds. The City’s Investment Policy further defines permitted investments.

These restrictions in investment types and the terms of allowable investments result in limited yields on City investments.

3. Interfund Investments - Shows the amount of loans between City funds. There is a loan outstanding from the Infrastructure Reserve Fund to the Cypress Recreation and Park District General Fund related to the construction of Lexington Park.

4. 5. Summary of Cash and Investments Held by Fiscal Agent and In Trust - Shows the Summary of Cash and Investments Held by Fiscal Agent and In Trust - Shows the investments held by fiscal agents for the benefit of bondholders of City-issued debt as well as investments held in trust by the Public Agency Retirement Services (PARS) for offsetting unfunded pension liabilities. The amounts held by fiscal agents are restricted to making future debt service payments and the pension trust amounts can only be used for future pension obligations. The legal restrictions on the allowable investment types are less restrictive than those in the City's portfolio, which provides the potential for higher yields to be earned on investments held by fiscal agents and in the pension trust.

5. As mentioned previously, the City had $183.5 million (current market value) in cash and investments at August 31, 2022. The investments included Federal Agencies Debt ($31.6 million) and Investment Pools ($145.6 million). The City's bank accounts held $6.3 million on August 31, 2022.

The majority of the investment portfolio is with the State Investment Pool (Local Agency Investment Fund or LAIF) in which the State’s investment experts provide a diversified investment pool for local agencies to invest. By using the combined size of the participating cities and agencies, the State Pool can provide better yield, liquidity and investment knowledge than otherwise would be available to a single entity. The City has also invested in CalTRUST, which is a joint powers authority (JPA) investment pool option for public agencies. Expanding the pooled investment options provides flexibility and liquidity until market yields increase.

The amount of cash in the City’s checking accounts fluctuates based on the maturity of investments, daily cash receipts, and when vendors and employees are paid. The daily balances maintained in the checking accounts provide credits which offset monthly bank charges. In addition to the Federal Depository Insurance Corporation (FDIC) which insures the first $250,000, excess checking deposits are secured by banks, government, or mortgage securities valued between 110% and 150% of the deposits.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Matt Burton, Director of Finance & Administrative Services Attachments
Investment Report for the Month Ended August 31, 2022
Summary of Cash and Investments
As of August 31, 2022
Type Description
Investment
Date Maturity Date
Interest
Rate Carrying Value
Current Market
Value (2)
(1) Ckg General Operating Account Bank of the West 9/1/2022 - $ 6,225,733.84 $ 6,225,733.84 Pool Local Agency Investment Fund State Treasurer 9/1/2022 1.276 62,000,000.00 61,201,775.67 Pool Local Agency Investment Fund State Treasurer 9/1/2022 1.276 62,000,000.00 61,201,775.67 Pool CalTRUST Short Term Fund CSAC Finance 9/1/2022 1.920 1,997,352.68 1,997,352.68 Pool CalTRUST Medium Term Fund CSAC Finance 9/1/2022 1.560 21,201,044.07 21,201,044.07 FFCB Federal Farm Credit Bank Bank of the West 3/22/2021 3/17/2025 0.700 4,000,000.00 3,709,400.00 FHLB Federal Home Loan Bank Bank of the West 5/27/2021 2/27/2025 0.660 3,000,000.00 2,779,860.00 FHLB Federal Home Loan Bank Bank of the West 4/28/2022 4/19/2024 2.150 3,000,000.00 2,949,870.00 FHLB Federal Home Loan Bank Bank of the West 5/9/2022 11/9/2023 1.750 5,000,000.00 4,941,500.00 FHLB Federal Home Loan Bank Bank of the West 5/16/2022 2/16/2024 2.650 4,500,000.00 4,424,895.00 FHLMC Freddie Mac Bank of the West 7/28/2022 12/30/2024 3.350 4,000,000.00 3,969,240.00 TSY US Treasury Bill Bank of the West 4/28/2022 6/30/2023 1.375 4,968,686.11 4,914,843.75 TSY US Treasury Bill Bank of the West 7/28/2022 2/15/2024 2.750 3,987,896.83 3,959,840.00 Ckg Worker's Comp Account Bank of the West 9/1/2022 - 50,000.00 50,000.00 Ckg Liability Account California Bank & Trust 9/1/2022 - 8,500.00 8,500.00 $ 185,939,213.53 $ 183,535,630.68
Average Weighted Yield to Maturity: 1.40%
Average Weighted Days to Maturity: 107.61
(1) Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month. (2) Current market value of securities with maturities in excess of 12 months (if any) are provided by third-party safekeeping agents.

I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available at the Office of the Finance Director.

The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Signed: ________________________________
Finance Director
City of Cypress
Bank/Agent
6/30/2022 +RECEIPTS (DISBURSEMENTS) 7/31/2022 +RECEIPTS (DISBURSEMENTS) 8/31/2022

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 23,487,386 $ 9,346,203 $ (3,985,083) $ 28,848,506 $ 2,651,908 $ (3,217,140) $ 28,283,274

SPECIAL REVENUE
115 PANDEMIC RELIEF 662 5,861,638 (5,856,024) 6,276 - - 6,276 212 CRPD-GENERAL FUND 13,723,616 187,332 (489,439) 13,421,509 124,715 (343,588) 13,202,636 213 CRPD-PARK DEVELOPMENT 1,106,893 1,569 - 1,108,462 702,758 - 1,811,220 221 TRAFFIC SAFETY (5,991) 5,989 - (2) 4,898 - 4,896
230 STREETS 5,810,224 393,331 (49,548) 6,154,007 219,413 (11,923) 6,361,497 251 LIGHTING DISTRICT #2 5,556,518 30,157 (170,891) 5,415,784 4,286 (99,769) 5,320,301 261 STORM DRAIN 1,195,852 44,012 (47,746) 1,192,118 33,158 (31,761) 1,193,515 262 PLANNED LOCAL DRAINAGE FACILITY 1,048,694 1,487 - 1,050,181 121 - 1,050,302 271 CORP CNTR MAINT DISTRICT #1 170,455 - (6,307) 164,148 - (4,135) 160,013 280 ASSET SEIZURE 1,072,544 2,367 (13,942) 1,060,969 44,371 (6,313) 1,099,027 291 CABLE TV FRANCHISE AGREEMENT 684,345 1,408 - 685,753 17,980 - 703,733 301 SUPPLEMENTAL LAW ENFORCEMENT 8,597 72 (16,100) (7,431) 6 (9,187) (16,612) 321 SEWER FUND 6,549,541 152,234 (30,669) 6,671,106 169,810 (47,900) 6,793,016 471 LOW AND MODERATE HSG ASSET 57,049 883 (8,456) 49,476 605 (6,360) 43,722

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 17,838,428 - (184,192) 17,654,236 - (403,931) 17,250,305 416 INFRASTRUCTURE RESERVE 66,385,445 117,805 - 66,503,250 9,616 - 66,512,866

TRUST AND AGENCY
462 SUCCESSOR AGENCY TO RDA 225,185 319 - 225,504 438,926 - 664,430 600 TRUST AND AGENCY 1,494,186 156,550 (122,723) 1,528,013 21,541 (72,273) 1,477,281 611 BUSINESS ASSESSMENT DISTRICT 20,006 14,676 (29,296) 5,386 2 - 5,388 612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 19,635 1,021 - 20,656 2 - 20,658

INTERNAL SERVICE
710 CENTRAL SERVICES 3,687,711 222,533 (448,031) 3,462,213 222,186 (175,702) 3,508,697 720 CAPITAL REPLACEMENT 15,437,647 64,881 (28,915) 15,473,613 64,858 (49,525) 15,488,946 730 TECHNOLOGY IMPROVEMENT 2,289,081 - - 2,289,081 - - 2,289,081 750 EMPLOYEE BENEFITS 5,355,718 1,587,655 (6,243,212) 700,161 1,089,557 (698,783) 1,090,935 760 LIABILITY SELF INSURANCE 3,166,816 51,128 (450,437) 2,767,507 51,128 (3,500) 2,815,135 770 WORKERS COMP SELF INSURANCE 2,389,998 91,846 (196,137) 2,285,707 55,672 (86,128) 2,255,251 OTHER
811/812 WESTCOMM JPA 3,595,984 1,197,404 (628,318) 4,165,070 72,236 (251,039) 3,986,267 $ 19,534,500 182,525,801 $ (19,005,466) $ 183,054,835 $ 5,999,753 $ (5,518,957) $ 183,535,631 $ City of Cypress
Changes in Cash/Investments
City of Cypress

INVESTMENTS AT MARKET VALUE BY MATURITY DATE
As of August 31, 2022
1 day 181 days 1 year 2 years 3 years 4 years
to to to to to to
Investments 180 days 1 year 2 years 3 years 4 years 5 years 5+ years Totals Percent CASH $ - 6,284,234 $ - $ - $ - $ - $ - $ 6,284,234 $ 3.42% FFCB - - - 3,709,400 - - - 3,709,400 2.02%
FHLB - - 12,316,265 2,779,860 - - - 15,096,125 8.23%
FREDDIE MAC - - - 3,969,240 - - - 3,969,240 2.16%
JPA POOL 23,198,397 - - - - - - 23,198,397 12.64%
STATE POOL 122,403,551 - - - - - - 122,403,551 66.69%
TSY 4,914,844 3,959,840 - - - - - 8,874,684 4.84%
Totals $ 4,914,844 151,886,182 $ 16,276,105 $ 10,458,500 $ - $ - $ - $ 183,535,631 $ 100.00% Percent 82.76% 2.68% 8.87% 5.70% 0.00% 0.00% 0.00% 100.00% Note
Issue Maturity Interest Authorized Principal
Note No. To From Date Date Rate Amount Outstanding
2 CRPD City 02/08/21 06/30/25 LAIF 12,800,000 $ 7,472,149 $ Total Interfund Investments 7,472,149 $
to pay for the construction of Lexington Park. Repayment by the Cypress Recreation and Park District will be made from future park development fees. In February 2022, $4,785,916 was paid against the note.

CITY OF CYPRESS

INTERFUND INVESTMENTS
As of August 31, 2022
Note Outstanding
The City Infrastructure Reserve Fund issued a $12.8 million promissory note to the Cypress Recreation and Park District General Fund Fund Type Issuer
Maturity
Date
One Year
Return * Cost Amount
Current Market
Value
PARS Public Agencies Post-Employment Benefits Trust
Trustee: Public Agency Retirement Services (PARS)
Section 115 Trust Pension Trust Various Open -11.49% 18,790,000.00 $ 20,424,272.68 $ Total $ 18,790,000.00 $ 20,424,272.68
Cypress Business and Professional Center Assessment District No. 1 - 1998 Improvement Bonds Trustee: U.S. Bank Corporate Trust Services
Redemption Fund Money Market First American Open n/a 14,650.28 $ 14,650.28 $ Reserve Fund Money Market First American Open n/a 160,337.80 160,337.80 Total $ 174,988.08 $ 174,988.08
* 12-month period ending with the current month.

City of Cypress
Summary of Cash and Investments Held In Trust and By Fiscal Agent As of August 31, 2022
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 17.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 09/26/2022
SUBJECT: Approve Register of Warrants, Transfers, and Wires Issued for the Period of August 27, 2022 through September 9, 2022

RECOMMENDATION
Approve the attached payment register summarized below for the period of August 27, 2022 through September 9, 2022:

Electronic Funds Transfers 11776 through 11818
Warrants 60457 through 60557
Payroll Transfers W1483

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 identified.

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 August 27, 2022 through September 9, 2022 are $1,726,055.70.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Payment Register for the Period 08-27-22 through 09-09-22 EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount 11776 145 - AUSTIN, CHERYL $ 113.04
W/C Retiree Health Care Benefits 8/22 8/22 $ 56.52
W/C Retiree Health Care Benefits 9/22 9/22 $ 56.52
11777 128744 - AYRES, RICHARD $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11778 102038 - BALDWIN, DARRELL $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11779 102087 - BISH, EDWARD $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11780 100101 - BRUCE, THOMAS M $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11781 129695 - COTE, ROBERT $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11782 128938 - COX, RODNEY $ 95.03
Retiree Health Care Benefits 9/22 9/22 $ 95.03
11783 104003 - ESSEX, CLARE $ 403.04
Retiree Health Care Benefits 9/22 9/22 $ 403.04
11784 128044 - FORNISS, DANIEL $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11785 129816 - FOSTER, SCOTT $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11786 112129 - HERNANDEZ, ALEX $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11787 109393 - IDOM, MIKE $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11788 100667 - LASSALLE, ISMAEL $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11789 123656 - MANUEL, DEAN $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11790 129700 - MCSHANE, CHRIS $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11791 2017 - MINIKUS, SCOTT $ 286.18
Reimb/Medical Premiums 9/22 9/22 $ 286.18
11792 128832 - MORALES, PAULO $ 751.22
Reimb/Medical Premiums 9/22 9/22 $ 751.22
11793 122 - MORROW, RICHARD L $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11794 129501 - MOUNT, ERIC $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11795 129608 - OLSON, JAMES $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
City of Cypress
Payment Register
08/27/22-09/09/22

Page 1 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
11796 129865 - PARKER, MARK $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11797 128784 - RAMSEY, KENNETH $ 125.00
Retiree Health Care Benefits 9/22 9/22 $ 125.00
11798 119027 - RAMSEY, STEVE $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11799 195 - SHACKELFORD, DOREEN $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11800 196 - SOIFER, DAVID $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11801 180 - SWIFT, JEFF $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11802 1024 - VALLEY VISTA SERVICES, INC $ 221,883.23
Waste Disposal Fee 7/22 7/22 $ 221,883.23
11803 127 - VENESKI, PATRICK $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11804 105121 - VIGIL, FELIX $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11805 129666 - WALQUIST, BRIAN $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11806 40 - WARLAND INVESTMENTS COMPANY $ 37,500.00
Development Assistance 9/22 9/22 $ 37,500.00
11807 122756 - WINTERSOLE, MICHAEL $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11808 112204 - WONG, JEFFREY $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11809 342 - WU, ALEX $ 300.00
Retiree Health Care Benefits 9/22 9/22 $ 300.00
11810 2133 - BARRERA, CARMEN $ 108.00
Refund/Duplicate Payment/Permit #BS-22-782 Rfd 9/2/22 $ 108.00 11811 100505 - CITY OF CYPRESS-WORKERS COMP $ 1,686.15
W/C Claims/Prof Svcs/#25444-25469 Reimb 8/26/22 $ 1,686.15 11812 100505 - CITY OF CYPRESS-WORKERS COMP $ 9,106.88
W/C Claims/Medical/#25444-25469 Reimb(A) 8/26/22 $ 9,106.88 11813 100505 - CITY OF CYPRESS-WORKERS COMP $ 16,497.09 W/C Claims/Perm Disability/#25444-25469 Reimb(B) 8/26/22 $ 16,497.09 11814 100505 - CITY OF CYPRESS-WORKERS COMP $ 11.91
W/C Claims/Temporary Disability/#25444-25469 Reimb(C) 8/26/22 $ 11.91 11815 116005 - PERS/PUBLIC EMPLOYEES RETIREMENT SYS $ 153,710.06 Med Insurance/City & Dist 9/22 16905259 $ 153,710.06
11816 116005 - PERS/PUBLIC EMPLOYEES RETIREMENT SYS $ 12,561.54 Med Insurance/West Comm 9/22 16905390 $ 12,561.54

Page 2 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
11817 1608 - ALARM PROGRAM SYSTEMS, LLC $ 2,212.38
PD Svc/Alarm Permit & False Alarm Collections 7/22 7/22 $ 2,212.38 11818 119029 - CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION $ 936.00 Flat Rate Fuel Tax 10/1/22-9/30/23 2022-23 $ 936.00
60457 639 - 10-8 RETROFIT, INC $ 300.79
Repair/Gun Lock/Unit #626 18735 $ 300.79
60458 1346 - A1 TEST ONLY & SMOG $ 70.00
Svc/Smog Test/Unit #117 1161525 8/11/22 $ 35.00
Svc/Smog Test/Unit #164 1250475 8/13/22 $ 35.00
60459 290 - AC EXCHANGE AUTO $ 851.14
Svc/Air Conditioner/Unit #102 049801 $ 155.82
Svc/Air Conditioner/Unit #136 049877 $ 695.32
60460 106914 - ADMINSURE $ 3,376.00
Workers Comp Claims Admin 9/22 15317 $ 3,376.00
60461 100681 - ADVANCED ALARM & FIRE INC $ 415.00
Svc/Monitor Alarms/Civic Center & Comm Center & Sr Center 8/22 891537 $ 415.00 60462 991 - ADVANCED BATTERY SYSTEMS INC-ABS $ 3,321.84 Electric Vehicle Batteries(9)/Unit #803 8/22 10023920 $ 3,321.84 60463 130335 - AKM CONSULTING ENGINEERS $ 14,596.00
Design/Sewer Rehab/Civic Center 3/22 11565 $ 14,205.00
Design/Sewer Systems Mgmt Plan Update & Audit 7/22 0011787 $ 391.00 60464 100723 - ALESHIRE & WYNDER, LLP $ 27,809.75
Legal Svc/CA Aware 7/22 69867 $ 4,115.00
Legal Svc/Code Enforcement 7/22 69861 $ 277.50
Legal Svc/Engineering 7/22 69859 $ 102.50
Legal Svc/General Admin 7/22 69855 $ 4,304.00
Legal Svc/HR 7/22 69857 $ 3,450.00
Legal Svc/Makkouk 7/22 69863 $ 932.75
Legal Svc/Planning 7/22 69858 $ 2,275.50
Legal Svc/Police 7/22 69860 $ 697.00
Legal Svc/Refuse 7/22 69862 $ 50.00
Lit Svc/Chaney 7/22 69865 $ 8,077.50
Lit Svc/CVRA Challenge 7/22 69864 $ 2,202.00
Lit Svc/Estrada 7/22 69866 $ 315.00
Lit Svc/General Admin 7/22 69856 $ 1,011.00
60465 122455 - ALL AMERICAN SIGN CO, INC $ 72.67
Banner(1)/Cypress Arnold Park 8/8 52694 $ 72.67
60466 110130 - ANDERSEN'S DOOR SERVICE, INC $ 636.00
Svc/Roll Up Gate/PD 7/26 6061 $ 636.00

Page 3 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60467 1619 - ARDURRA GROUP, INC-ANDERSON PENNA PARTNERS $ 6,268.25 Inspect/Sewer Rehab 7/22 127552 $ 1,396.25
Inspect/Various Non-CIP Engineering Permits 7/22 127551 $ 1,672.00 Svc/City Engineer 7/22 126994 $ 3,200.00
60468 110860 - AT&T $ 462.77
Cell Svc/Maint 8/22 8/22(C) $ 53.73
Cell Svc/PD 8/22 8/22(B) $ 236.12
Svc/Planning iPads 8/22 8/22(D) $ 86.46
Wireless Svc/Myra Pump Station #2 8/22 8/22(E) $ 86.46
60469 110860 - AT&T $ 28.85
9391033696-PD Phone Svc 8/22 8/22(F) $ 28.85
60470 110860 - AT&T $ 1.65
East Wing Fax Line 8/22 8/22(A) $ 1.65
60471 252 - AUTO ZONE, INC $ 376.17
Replace/Battery/Unit #671 5521631643 $ 158.66
Replace/Battery/Unit #695 5521640291 $ 158.66
Replace/Pulleys(2)/Unit #671 5521628191 $ 58.85
60472 109354 - B & M LAWN & GARDEN, INC $ 74.89
Throttle Cables(2) 8/10 561928 $ 74.89
60473 630 - BATTERY SYSTEMS INC $ 747.84
PD Vehicle Batteries(4) 7/21 7795757 $ 610.18
Vehicle Battery(1) 8/16 7861493 $ 137.66
60474 1822 - BENEFITS COORDINATORS CORPORATION BCC $ 9,947.70 Insurance/Dental & Vision/City & Dist 9/22 B06H44 $ 9,947.70 60475 1484 - BONANNI DEVELOPMENT $ 17,590.00
Refund/Public Improvements/4620 Lincoln Rfd 9/2/22 $ 17,590.00 60476 100033 - BREA, CITY OF $ 562.00
Dues/OC City Managers Assoc/PG 7/1/22-6/30/23 Dues 2022-23 $ 432.00 Reg/OC City Managers Assoc Holiday Luncheon/PG & AF Reg/Holiday $ 130.00 60477 2090 - CHARTER COMMUNICATIONS HOLDINGS LLC SPECTRUM $ 2,913.85 Svc/Internet Access 8/15-9/14 8/15/22-9/14/22 $ 1,534.97 W/C Svc/CAD/RMS Ethernet Connection 8/4-9/3 0026082080522 $ 1,378.88 60478 191 - CI TECHNOLOGIES, INC $ 1,500.00
PD Software Maint/IA Pro Blue Team 8/1/22-7/31/23 10283 $ 1,500.00 60479 1501 - CJ CONCRETE CONSTRUCTION, INC. $ 237,539.42 Construct/Concrete Rehab 7/22 6371 $ 237,539.42
60480 110067 - COMLINK LASER CARE $ 329.65
Toner(1)/PD 8/25 74258 $ 107.36
Toner(1)/PD 8/29 74268 $ 110.95
Toner(1)/Toner 8/29 74267 $ 111.34
60481 115003 - COUNTY OF ORANGE $ 4,199.00
Parking Violations 7/22 7/22 $ 4,199.00

Page 4 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60482 115003 - COUNTY OF ORANGE $ 1,855.00
PD Svc/Automated Fingerprint Identification System 8/22 SH62643 $ 1,855.00 60483 115003 - COUNTY OF ORANGE $ 2,209.02
PD Svc/OC Automated Telecommunication System 7/22 SH62702 $ 1,104.51 PD Svc/OC Automated Telecommunication System 8/22 SH62869 $ 1,104.51 60484 1622 - DANIELS TIRE SERVICE, INC $ 474.46
PD Vehicle Tires(4) 8/2 200451145 $ 474.46
60485 16 - DASH MEDICAL GLOVES, INC $ 490.90
PD Exam Gloves(4K) 8/15 1269378 $ 490.90
60486 116854 - DATA TICKET INC-MSB $ 1,033.19
Parking Citation Processing 7/22 141196 $ 1,033.19
60487 1158 - DIRECTV $ 182.24
W/C Svc/Satellite TV 8/25-9/24 006762204X220826 $ 182.24 60488 345 - DISCOUNT TIRE STORE $ 149.70
Svc/Wheel Alignment/Unit #640 30028255 $ 60.00
Svc/Wheel Balance/Unit #639 30027735 $ 89.70
60489 1296 - EDCO CNG $ 1,546.92
Natural Gas(554.45 Gls)/Sweepers(2)/Sewer Truck(1) 8/1-8/15 8182022-6 $ 1,546.92 60490 2054 - FAST UNDERCAR BM INDUSTRY INC $ 147.88
Replace/Ignition Coil/Unit #113 27EY3451 $ 147.88
60491 1115 - FRONTIER $ 424.41
7148996947 - Phone Svc/Sewers 8/22 8/22(B) $ 57.92
W/C Phone Svc/5624931036 8/22 8/22(A) $ 75.45
W/C Svc/Circuit Line 8/13-9/12 8/13/22-9/12/22 $ 291.04 60492 1114 - FRONTIER COMMUNICATIONS OF CA $ 1,209.12
W/C Svc/Priority Radio Line 8/5-9/4 7002Z403S22217 $ 1,209.12 60493 2124 - GAMETRUCK DIVERSIFIED OPPORTUNITIES INC $ 700.00 Rent/Video Game Truck/Day Camp 8/3 12541 $ 700.00
60494 1596 - GARON WYATT INVESTIGATIVE SERVICES $ 1,550.00 PD Svc/Background Investigation(1) 8/10 2022BG5 $ 1,550.00 60495 119018 - GOLDEN STATE WATER COMPANY $ 23,528.72
Svc/Parks Landscaping 7/22 7/22(I) $ 4,351.93
Svc/Parkway Maint 7/22 7/2(K) $ 15,482.99
Svc/Stanton Channel Berm 7/22 7/22(J) $ 3,693.80
60496 1464 - HANLEY CHESS ACADEMY $ 1,307.80
Instruct/Chess 8/9-8/30 8/30/22 $ 982.80
Instruct/Chess Tournaments 8/20 8/20/22 $ 325.00
60497 1171 - HDL COREN & CONE $ 3,556.25
Svc/Property Tax Audit 7/1/22-9/30/22 SIN019895 $ 3,556.25 60498 1493 - IMPERIAL SPRINKLER SUPPLY $ 3,897.27
Irrigation Backflows(3) 8/11 5242058-00 $ 3,897.27

Page 5 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60499 103024 - JHM & CARSON SUPPLY $ 534.03
Grass Seed(50 Lbs) 8/24 80594/3 $ 269.38
Irrigation Key(1)/Valve(1)/Pinewood Park 8/18 80430/3 $ 110.05 Irrigation Pop-Up Sprinkler Heads(12)/Various Parks 8/2 79868/3 $ 154.60 60500 111014 - KENNYS MUFFLER SERVICE $ 1,377.50
Replace/Catalytic Converter/Unit #113 18942 $ 1,377.50
60501 1294 - KIM TURNER, LLC $ 149.00
W/C Reg/Courtroom Testimony/TT 10/22 1419 $ 149.00
60502 271 - LEVERAGE INFORMATION SYSTEMS, INC $ 1,634.11 PD CCTV Software Maint 7/1/22-6/30/23 2232696 $ 1,634.11 60503 122069 - LIEBERT CASSIDY WHITMORE $ 611.50
Legal Svc/HR Matter #CY020-00001 7/22 223037 $ 611.50
60504 933 - LSA ASSOCIATES, INC $ 15,377.75
Consult/Enviro Impact Report/Business Park Modernization 7/22 184270 $ 346.50 Consult/Housing Element/Enviro Impact Report 7/22 184062 $ 15,031.25 60505 109220 - MANHATTAN STITCHING CO, INC/BRENDAN SCREEN PRINT$ 2,303.16 PD Shirts(475)/PACE 8/8 90067 $ 2,303.16
60506 110781 - MARQUEZ, JULIE $ 24.00
Meals/How to Recruit Volunteers 8/16-8/17 Reimb 9/2/22 $ 24.00 60507 300 - MARSHALL, BROOK $ 24.00
Meals/Active Shooter Response 8/15-8/16 Reimb 9/2/22 $ 24.00 60508 113056 - MCMASTER CARR SUPPLY CO $ 84.28
Eye Bolts(4)/Trailer Unit #207 83009934 $ 69.90
Lever Actuators(2)/Unit #803 8/22 83490109 $ 14.38
60509 1363 - MOBILE WIRELESS, LLC $ 5,198.00
W/C Software Maint/CAD/RMS VPN Connection 5/2/22-5/2/23 4945 $ 5,198.00 60510 1445 - MVP SECURITY SYSTEMS, INC. $ 400.00
Svc/Security Cameras/Comm Center 8/4 2022 $ 400.00
60511 129724 - NAPA AUTO PARTS/SO CAL AUTO & TRUCK PARTS INC $ 615.03 Brake Rotors(4)/Brake Pad(1)/Oil Filters(3)/Misc 8/22 417822 $ 615.03 60512 985 - NATIONAL AUTO FLEET GROUP $ 23,739.49
PD Chevy Malibu(1)/Unit #655 8/16 WC9215 $ 23,739.49
60513 50 - NATIONAL UNION FIRE INSURANCE COMPANY $ 910.00 Accident Insurance/Volunteers 9/4/22-9/4/23 2022-23 $ 910.00 60514 2091 - NICHOLAS ROTHERHAM $ 422.50
Instruct/Football 7/25-8/22 8/22/22 $ 422.50
60515 108944 - OFFICE DEPOT $ 690.83
Supplies/Citywide 8/22 9/2/22 $ 690.83
60516 492 - PAUL'S CAR WASH & LUBE CENTER-FIRESTONE HAND WASH $ 679.37 Svc/Car Wash/PD(63)/PW(1) 7/22 2148 $ 679.37
60517 1970 - PERFORMANCE PICKLEBALL, LLC $ 780.00
Instruct/Pickleball 8/10-8/31 8/31/22 $ 780.00

Page 6 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60518 100870 - POSTMASTER -CYPRESS POST OFFICE $ 3,325.00 Postage/City & Recreation Newsletter 10/22 9/2/22 $ 3,325.00 60519 1770 - PREMIER PIPE INC/FAZE 1 CORP $ 900.00
PD Emergency Svc/Video Sewer Line 8/8 8/8/22 $ 900.00
60520 1216 - REC1-CIVICPLUS, INC $ 13,574.63
Software Maint/Rec1 Online Registration 9/1/22-8/31/23 236935 $ 13,574.63 60521 1322 - REMARKABLE ENTERTAINMENT $ 644.00
Rent/Movie Projection Screen/Movie on the Green 9/16 722 $ 644.00 60522 1780 - RICHARD FISHER ASSOCIATES $ 11,422.50
Inspect/Landscape Services 7/22 4507 $ 11,422.50
60523 109096 - S.C. SIGNS & SUPPLIES, LLC $ 1,447.63
Reflective Markers(25) 8/4 229459 $ 484.88
Sign Post Caps(15) 8/4 229460 $ 234.36
Street Name Signs(8) 8/4 229458 $ 728.39
60524 119141 - SANTA ANA RIVER FLOOD PROTECTION AGENCY $ 1,300.00 Dues/Santa Ana River Flood Protection Agency 2022-23 Dues 2022-23 $ 1,300.00 60525 1982 - SITEIMPROVE, INC $ 9,408.06
Svc/Website Accessibility 8/2/22-8/1/23 US-9179 $ 9,408.06 60526 1971 - SMITH, ADRIAN $ 995.00
Tuition/Network Security/Fall 2022 Tuit 9/2/22 $ 995.00 60527 119016 - SO CAL EDISON $ 3,270.73
700003851853 Svc/Parkways 7/22 7/22(D) $ 522.43
700134894611 - Svc/Traffic Signal 8/22 8/22 $ 77.46
700564248438 Svc/Traffic Signals 7/22 7/22(E) $ 2,670.84 60528 119017 - SO CAL GAS CO $ 46.97
08131074000 Svc/Storm Drain 8/22 8/22 $ 14.30
14011061398 Svc/Storm Drain 8/22 8/22(B) $ 15.29
16111070716 Svc/Storm Drain 8/22 8/22(A) $ 17.38
60529 543 - SORVILLO, BRYAN $ 6,935.50
Instruct/Group Tennis 8/1-8/26 8/26/22 $ 6,935.50
60530 127941 - SOUTH COAST AIR QUALITY MGT DISTRICT $ 620.61 Fee/AQMD/Generator/PS #6 2022-23 4040131 $ 468.76
Fee/Generator Emissions/PS #6 2022-23 4042442 $ 151.85
60531 1591 - SOUTHERN CALIFORNIA NEWS GROUP $ 5,208.52
Pub Notice/Election(5 Languages) 7/15 0011548496 $ 4,287.60 Pub Notice/Statement of Qualification/Affordable Housing Program 0011549538 $ 920.92 60532 116238 - STAPLES BUSINESS ADVANTAGE $ 609.34
Supplies/Citywide 8/22 9/2/22 $ 609.34
60533 108964 - STAPLES CREDIT PLAN-WEST COMM $ 67.96
W/C Copy Paper(10 Rms) 8/10 3119719831 $ 67.96
60534 588 - THE COUNSELING TEAM INTERNATIONAL $ 1,000.00 PD Svc/Employee Counseling 7/22 83118 $ 1,000.00

Page 7 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60535 107127 - THE FLAG FACTORY $ 540.75
US Flags(2)/CA Flags(2)/POW Flags(2) 8/10 30806 $ 540.75 60536 130138 - TIMNEY, MATTHEW $ 290.00
Advance/Executive Development Course 9/12-9/16 Adv 9/12-9/16 $ 290.00 60537 105052 - TOPAZ ALARM CORP. $ 225.00
Monitor Pumps 7/22 139280 $ 60.00
Monitor Pumps 8/22 139502 $ 60.00
Monitor Pumps 9/22 139719 $ 105.00
60538 1963 - TOTAL COMPENSATION SYSTEMS, INC $ 1,440.00 Svc/Post Employment Benefit Actuarial Valuation #2 6/30/22 10690 $ 765.00 W/C Svc/Post Employment Benefit Actuarial Valuation #2 2021-22 10714 $ 675.00 60539 2070 - TWIST AND SHOUT EVENTS, INC $ 495.00
Perform/Face Painting/Day Camp 7/13 046271061893277 $ 495.00 60540 128063 - U S ARMOR CORPORATION $ 648.57
PD Ballistic Vest(1)/NPanella 8/9 38651 $ 648.57
60541 1139 - UNIFIRST CORP $ 578.62
Uniforms/Mats/Mops/Towels 7/22 7/22 $ 578.62
60542 122831 - VERA, SIMON $ 50.00
Reimb/Class B License 8/5 9/2/22 $ 50.00
60543 129595 - VERIZON WIRELESS - CA $ 88.18
Cell Svc/Rec 8/22 8/22 $ 88.18
60544 128320 - WEST-LITE SUPPLY CO INC $ 1,559.61
Lamps(15)/Fluorescent Lamps(60) 8/12 77796C $ 638.47
Lamps(180)/LED Lamps(2)/Ballasts(10) 7/25 77624C $ 921.14 60545 101980 - WORTHINGTON FORD $ 1,963.70
Alternator(1)/Motor & Fan Assembly(1)/Misc 7/6 5149881 $ 660.70 Handles(2) 8/3 5151863 $ 11.77
Relays(2) 8/18 5153001 $ 5.02
Replace/Drive Shaft/Unit #664 126320/1 $ 988.95
Solenoids(2)/Gaskets(4)/Valve(1) 7/27 5151259 $ 297.26
60546 423 - YORBA REGIONAL ANIMAL HOSPITAL & PET RESORT $ 1,876.94 PD Emergency Vet Svc/Kubo 7/15 978661904 $ 1,757.84
PD Vet Svc/Kubo 7/29 978665684 $ 119.10
60547 887 - YU, ANGUS $ 24.00
Meals/Active Shooter Response 8/15-8/16 Reimb 9/2/22 $ 24.00 60548 1974 - YUNEX LLC $ 11,477.39
Repair/Street Lights 7/22 5620040688 $ 2,309.00
Repair/Traffic Signals 7/22 5620040634 $ 4,848.25
Svc/Street Light Survey 7/22 5610281374 $ 189.07
Traffic Signal Maint 7/22 5610281455 $ 4,131.07
60549 0 - COMMUNITY OF THE WORD $ 300.00
Refund/Facility Deposit/Contract #6259 Rfd 9/2/22 $ 300.00

Page 8 of 9 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
08/27/22-09/09/22
60550 0 - CRUZ, JENNIFER $ 100.00
Refund/Facility Deposit/Contract #6328 Rfd 9/2/22 $ 100.00 60551 0 - CYPRESS INFLUENCE CHURCH $ 300.00
Refund/Facility Deposit/Contract #6236 Rfd 9/2/22 $ 300.00 60552 0 - FULTON, OCTAVIA $ 300.00
Refund/Facility Deposit/Contract #5903 Rfd 9/2/22 $ 300.00 60553 0 - MOSLEY INSURANCE & FINANCIAL SERVICES $ 300.00 Refund/Facility Deposit/Contract #5827 Rfd 9/2/22 $ 300.00 60554 0 - PETERSON, DIANA $ 47,000.00
Refund/Recycling Deposit/10711 Walker Street Rfd 9/2/22 $ 47,000.00 60555 0 - SHAFIQUE, AHMAD $ 300.00
Refund/Facility Deposit/Contract #6307 Rfd 9/2/22 $ 300.00 60556 0 - WASHINGTON, RUFUS $ 100.00
Refund/Facility Deposit/Contract #6146 Rfd 9/2/22 $ 100.00 60557 110127 - SCPSD-SO CAL PUBLIC SAFETY DISPATCHERS $ 50.00 W/C Dues/Public Safety Dispatchers 7/1/22-6/30/23 Dues 2022-23 $ 50.00 59992 110127 - SCPSD-SO CAL PUBLIC SAFETY DISPATCHERS $ (50.00) W/C Dues/Public Safety Dispatchers 7/1/22-6/30/23 Dues 2022-23 $ (50.00) Total EFTs $ 465,786.75 $ 465,786.75
Total Warrants 564,542.87 564,542.87
Transfer to Payroll (W1483) 695,726.08 Payroll 08/19/22-09/02/22 695,726.08 Grand Totals $ 1,726,055.70 $ 1,726,055.70

Page 9 of 9 ends

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 18.

FROM: Paulo Morales, Mayor
DATE: 09/26/2022
SUBJECT: Adopt a Resolution Censuring Council Member Marquez for Violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy

RECOMMENDATION
Adopt a Resolution censuring Council Member Marquez for violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy.

DISCUSSION
On (or about) September 7, 2022 and September 8, 2022, Council Member Marquez inappropriately used her office as a City of Cypress Council Member to secure the opportunity to speak to Cypress High School students. As the attached Resolution establishes, Council Member Marquez's actions at Cypress High School were illegal, resulted in complaints from parents and students, brought disrepute to the City, strained the relationship between the City and Cypress High School and the City and Anaheim Union High School District, and undermined the community's confidence in the City, the City Council and the November 2022 election.

Resolution of Censure
A resolution of censure may be approved by a majority of the City Council and may contain the penalties described below. Upon a motion to approve a resolution of censure, all Council Members present shall immediately vote on the motion and state whether they agree that the identified speech, actions, or behavior constitutes a violation of the adopted rules of decorum or the Civility, Conduct and Governance policy and justifies a vote of censure. If a majority of the Council Members present vote for censure, then that vote shall be duly noted by the City Clerk and the subject of that vote shall have two minutes to make a rebuttal stating why the vote should be overturned. After such rebuttal, any Council Member shall be entitled to make a motion to overturn the vote of censure. If such motion is approved by a majority vote of those Council Members present, then the City Clerk shall remove such censure from the record. Motions to overturn a vote of censure may only be made at the meeting at which the vote of censure was made. There is no other administrative remedy to a vote of censure other than the two-minute rebuttal. If not so overturned, the resolution of censure shall be adopted.

Fines for Censure
Any Council Member who is censured by the City Council shall be subject to a $100 fine per censure. Such fine(s) shall be paid to the City Clerk within 30 days of the date imposed.

Failure to pay such fine(s) within 60 days shall give rise to a civil action by the City for collection, or shall be deducted or offset from the Council Member's compensation or per diem entitlements.

Revocation of Special Privileges
Any Council Member who is censured by the City Council shall be subject to revocation of his/her committee assignments, regional boards and commissions, and community-generated board/committee appointments; suspension of official travel, conference participation, access to a City credit card, City Council salary, stipends and benefits, and ceremonial titles.

BUDGET IMPACT
None.

LEGAL REVIEW
The City Attorney has reviewed attached Resolution of Censure.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution of Censure - Council Member Marquez
CCGP including Code of Ethics
RESOLUTION NO.

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

CALIFORNIA, CENSURING COUNCIL MEMBER FRANCES MARQUEZ FOR VIOLATIONS OF CALIFORNIA EDUCATION CODE §7054, THE CITY OF

CYPRESS CODE OF ETHICS, AND THE CITY OF CYPRESS CONDUCT

CIVILITY, CONDUCT AND GOVERNANCE POLICY
WHEREAS, it is the duty of all Council Members to act in the public’s interest; respect good governance processes; and perform their duties professionally and ethically; and
WHEREAS, the laws of the State of California; the City of Cypress Charter; the City of Cypress Code of Ethics; and the City of Cypress Civility, Conduct and Governance Policy establish legal and other obligations on Council Members’ behavior, conduct, and compliance with requests and direction from City management; and WHEREAS, on (or about) September 7, 2022 and September 8, 2022, Council Member Marquez violated laws of the State of California, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy; and WHEREAS, on (or about) September 7, 2022 and September 8, 2022, Council Member Marquez used her office as a City of Cypress Council Member to secure the opportunity to speak to Cypress High School students; and WHEREAS, prior to meeting with students at Cypress High School, Council Member Marquez was provided guidance by Cypress High School regarding permissible and impermissible topics; and
WHEREAS, Council Member Marquez ignored the guidance provided by Cypress High School; and
WHEREAS, Council Member Marquez’s actions prompted at least one Cypress High School instructor to revisit the guidance about permissible and impermissible topics with Council Member Marquez; and
WHEREAS, Anaheim Union High School District has characterized Council Member Marquez’s actions as unacceptable; and
WHEREAS, Anaheim Union High School District was sufficiently troubled by Council Member Marquez’s actions that it revoked her access to Cypress High School students; and
WHEREAS, the City Council has received numerous and consistent complaints from residents about Council Member Marquez’s actions at Cypress High School; and WHEREAS, students and parents reported that Council Member Marquez’s presentation “started out about politics and running for office, but quickly changed to how nobody gets along, how everybody is out to get her, how the City is being sued due to redistricting, and how the City Council is going against what the residents want”; and WHEREAS, students and parents reported that Council Member Marquez’s presentation was “one sided and negative towards the rest of the City Council”; and WHEREAS, Council Member Marquez also brought two candidates for local elected office with her to Cypress High School; and
WHEREAS, students and parents reported that Council Member Marquez and the candidates handed out campaign flyers and cards promoting the candidates, asked students to take the cards home and discuss them with their parents, to not throw them away because they were expensive, and offered students service hours in exchange for working on behalf of the candidates; and
WHEREAS, students and parents reported that it is obvious to them that the purpose of Council Member Marquez’s class visits was not to teach about the importance of voting and the voting system, but to promote the candidates and her agenda; and WHEREAS, when the Mayor asked Council Member Marquez about the parent’s and student’s complaints at the September 12, 2022 City Council meeting, Council Member Marquez was not forthcoming about her actions at Cypress High School or the content of her presentation and denied what the students and parents reported; and WHEREAS, Council Member Marquez, who routinely recounts her decades long involvement in government and politics, is or should be aware of the illegal and inappropriate nature of her actions; and
WHEREAS, Council Member Marquez failed to adhere to guidance from Cypress High School or consult the City Manager or City Attorney regarding the nature and purpose of her visit to Cypress High School; and
WHEREAS, Council Member Marquez’s actions brought disrepute to the City, strained the relationship between the City and Cypress High School, and strained the relationship between the City and Anaheim Union High School District; and WHEREAS, Council Member Marquez’s actions created the impression that Cypress High School and Anaheim Union High School District share her views on issues before the City Council and endorse the two candidates for local office who accompanied her; and
WHEREAS, Council Member Marquez’s actions have undermined students’ and parents’ confidence in the City and the democratic election process; and WHEREAS, California Education Code §7054 prohibits the use of school district or community college district funds, services, supplies, or equipment for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district; and WHEREAS, a violation of California Education Code §7054 is punishable by imprisonment in jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both, or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years; and WHEREAS, Council Member Marquez violated the following elements of the City of Cypress Code of Ethics (attached): E1, E2, E3, E10, and E12 WHEREAS, Council Member Marquez violated the following elements of the City of Cypress Civility, Conduct and Governance Policy (attached): C2, C3, C6, C8, C9, C13, C15, C18, C19, and G10; and
WHEREAS, Council Member Marquez violated California Education Code §7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy when she used her office to secure access to students at Cypress High School; misrepresented issues before the City Council; denigrated other Council Members; and participated in political campaigning during the school day at Cypress High School; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The recitals set forth above are incorporated herein by this reference.

Section 2. The City Council finds that Council Member Marquez intentionally violated California Education Code §7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy.

Section 3. The City Council formally censures Council Member Marquez for the reasons stated herein.

Section 4. The City Council directs Council Member Marquez to issue a formal, written apology to Anaheim Union High School District and Cypress High School no later than seven days after this Resolution is approved.

Section 5. The City Council revokes Council Member Marquez’s appointment to the Orange County Council of Governments General Assembly (Alternate), the Southern California Association of Governments General Assembly (Alternate), and the City of Cypress Veteran Recognition Ad Hoc Subcommittee.

Section 6. As authorized by Ordinance 1193, the City Council imposes a $100 fine on Council Member Marquez. The fine shall be paid to the City Clerk within 30 days of the date imposed.

Section 7. As authorized by Ordinance 1193, the City Council suspends Council Member Marquez’s City Council salary and stipend for 90 days effective October 1, 2022.

This Resolution shall be effective upon its adoption. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ORDERED by the City Council of the City of Cypress, California at a regular meeting held on ___ day of September, 2022. ________________________________

MAYOR OF THE CITY OF CYPRESS
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 ___ day of September, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________

CITY CLERK OF THE CITY OF CYPRESS

CITY OF CYPRESS

CIVILITY, CONDUCT AND GOVERNANCE POLICY
Adopted February 28, 2022
City Council
Paulo Morales, Mayor
Anne Hertz-Mallari, Mayor Pro Tem
Frances Marquez, Council Member
Scott Minikus, Council Member
Jon Peat, Council Member

Council Member Marquez signed the policy on March 28, 2022, after the March 8, 2022 deadline established by the City Council.

Council Member Marquez also added the hand written statement that appears above.

The statement was not approved, adopted or authorized by the City Council.

Civility, Conduct and Governance Policy
3 Adopted February 28, 2022

CONTENTS
SIGNATURE PAGE........................................................................................................ 2 PURPOSE....................................................................................................................... 4 MISSION STATEMENT .................................................................................................. 5 VISION STATEMENT ..................................................................................................... 5 CORE VALUES/GUIDING PRINCIPLES........................................................................ 5 CIVILITY & CONDUCT PROTOCOLS ........................................................................... 6 GOVERNANCE PROTOCOLS....................................................................................... 7 CODE OF ETHICS.......................................................................................................... 9 ENFORCEMENT OF THE POLICY FOR COUNCIL MEMBERS................................. 10 ADDRESSING THE CITY COUNCIL IN A PUBLIC MEETING.................................... 11 ENFORCEMENT OF THE POLICY FOR MEMBERS OF THE PUBLIC...................... 13 Civility, Conduct and Governance Policy
4 Adopted February 28, 2022

PURPOSE
The City of Cypress is committed to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views. Adopting a civility, conduct and governance policy that establishes rules of decorum and principles of civility applicable to all public meetings and in all interactions in the workplace helps ensure that civic engagement and local democracy continue to flourish in Cypress.

The Civility, Conduct and Governance Policy (the Policy) is intended to promote mutual respect, civility, and orderly conduct among elected and appointed City officials, City staff, and our community. The Policy is not intended to deprive any person of his/her right to freedom of expression, but to promote, to the extent possible and reasonable, open dialogue and positive communications while discouraging intimidating, demeaning, volatile, hostile or aggressive actions.

In order to safeguard participatory democracy in Cypress, all elected officials, appointed officials and City employees are expected to adhere to the standards of conduct established in the Policy.

The Policy is a framework for effective governance and involves ongoing discussions and agreements about unity of purpose, roles, responsibilities, norms and protocols that enable the City Council and City Management team to continue to perform its responsibilities in a way that best benefits Cypress.

The City Council and City Management must function together as a governance leadership team to effectively serve our community. Agreed-upon behaviors and operating protocols support consistent behaviors and actions among team members. The Policy ensures a positive, productive working relationship among Council Members, the City Manager, City staff, and our community. The Policy is developed for, and by, the governance team and may be modified as needed.

The Policy shall be:
• Signed by Council Members and posted on the City website. • Signed by Commissioners.
• Provided to candidates for election to the City Council and reviewed in City Council candidate orientations.
• Provided to applicants for appointment to commissions. • Reviewed by the City Council annually for self-evaluation, discussion, and revision (if appropriate) as a new business item.
• Reviewed by the City Council for self-evaluation, discussion, and revision (if appropriate) as a new business item within 60 days of new member joining the City Council or the appointment of a new City Manager or City Attorney.

For the purposes of this Policy, “Mayor” refers to the chair of any public meeting or meeting of a City Council authorized Commission, Board or Subcommittee and “City Council” also refers to all Commissions, Board or Subcommittees.

Civility, Conduct and Governance Policy
5 Adopted February 28, 2022

MISSION STATEMENT
The City of Cypress, in partnership with the community, sustains and enhances our safe, attractive and quality
environment in which to live, work and play.

VISION STATEMENT
Cypress, an engaged and diverse community, will honor
the past and embrace sustainable growth for families and businesses to prosper.

CORE VALUES/GUIDING PRINCIPLES
The City of Cypress values…
Integrity
Accountability
Transparency
Fiscal prudence
Teamwork
Responsiveness to the community
Civility, Conduct and Governance Policy
6 Adopted February 28, 2022

CIVILITY & CONDUCT PROTOCOLS
In interactions with each other, City staff and the community, Council Members will:

C1. Be respectful; especially when there is disagreement.

C2. Be honest and truthful.

C3. Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments; and refrain from inciting inappropriate behavior and derogatory comments.

C4. Make our community feel welcome; and strive to make people feel heard by listening carefully, asking clarifying questions, and seeking to understand.

C5. Role model good leadership by being professional, demonstrating effective leadership for our community, and adhering to this Policy.

C6. Confront challenging topics directly and resolve conflicts directly.

C7. Keep an open mind; be willing to change views with new information, data, etc.

C8. Be accountable and responsible for their actions and words, even when it is uncomfortable to do so. This includes apologizing when a Council Member’s behavior falls short of the Policy’s aspirational standards.

C9. Be open to constructive feedback.

C10. Present problems in a way that promotes discussion and resolution.

C11. Credit others’ contributions to moving our community’s interests forward.

C12. Treat City staff professionally and refrain from publicly criticizing employees.

C13. Maintain one voice once the decision is made; and not disparage or undermine the City Council’s decision.

C14. Assume good intentions and not pre-judge others.

C15. Debate the facts of the situation and avoid personalities and personal attacks.

C16. Endeavor to resolve interpersonal issues between Council Members outside of a City Council meeting and not permit interpersonal issues to impact the governance team.

C17. Explain disagreement in a way that focuses on the merits of an issue and recognizes that reasonable people of differing interests/good intentions can disagree on what is best for our community.

C18. Act in a manner that reflects the belief that Council Members, City staff and others who serve the City are on the same team in service to our community, even though we have different roles.

C19. Fact-check information with colleagues, the City Manager, the City Attorney and others.

Civility, Conduct and Governance Policy
7 Adopted February 28, 2022
C20. Make themselves available for one-on-one conversations about the values in this Policy.

GOVERNANCE PROTOCOLS
To promote a positive governance team culture, Council Members will:

G1. Prepare for and engage in meetings.

G2. Debate the merits of decisions with fellow Council Members.

G3. Make decisions based on their sense of our community’s best interests.

Remaining mindful of the nonpartisan nature of city, county, school and judicial offices provided for in California’s Constitution.

G4. Work collaboratively to improve Cypress’ quality of life and promote our community’s best interests.

G5. Consider the larger picture and gather community input to make the best decision.

G6. Consider the short-, medium-, and long-term effects of decisions.

G7. Be prepared to make unpopular decisions when our community’s best interests requires it.

G8. Attempt to build consensus through dialogue. When this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority.

G9. Be fair, impartial, and unbiased when voting on quasi-judicial actions and provide fair and equal treatment for all persons and matters.

G10. Explain the official positions of the City to the best of their ability when authorized to do so.

G11. Be clear in stating personal views and make it clear that those views may not represent the City’s position; and not commit the City to an action/position without City Council or City Manager approval.

G12. Preserve order and decorum during meetings.

G13. Keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves.

G14. Alert the City Manager or City Attorney in advance when asking questions about an agenda item so City staff can be prepared to provide the most complete answer to inform the City Council and our community.

G15. Act on the understanding that Council Members are part of a group decisionmaking process and that the City Manager and City Attorney take direction from City Council collective action.

Civility, Conduct and Governance Policy
8 Adopted February 28, 2022
G16. Speak directly to the City Manager in a timely manner about concerns about City operations, City staff analyses, or City staff performance.

G17. Support the City Manager’s efforts to implement City Council policy decisions through the City’s administrative service.

G18. Understand that City staff’s role is to provide objective information and analysis to inform the decision-making process within the resources that they have available, even if this information and analysis do not support the decision an individual Council Member believes is best.

G19. Work through the City Manager on matters that involve another public agency or City contractor.

G20. Participate in regular educational activities to enhance understanding of a wide variety of issues; including completing all State or City-required training in timely manner.

G21. Use the Strategic Planning process to propose new programs and policies.

G22. Place clear and realistic demands on City staff resources and time.

G23. Read their City emails at least three times per week.

G24. Read all weekly reports before the next one is distributed.

G25. Respond to notices and event RSVP deadlines. If no response is received, City staff will assume that the Council Member will not attend.

G26. Respond to inquiries and requests for feedback/review by the established deadline.

G27. Start and end meetings on time, work from an agenda, and be present, attentive, and prepared.

G28. Attend, and actively participate in, all meetings of organizations, boards and committees to which a Council Member is appointed by the City Council. If a Council Member cannot attend a meeting, they shall immediately alert the alternative representative, Mayor and City Manager.

G29. Adhere to the Brown Act, maintain confidentiality, and only disclose confidential information when authorized to do so.

G30. Refrain from texting and the use of social media during public meetings, except in the case of urgent need or emergency.

G31. Use the speaker sequencing system to inform the Mayor of their wish to speak and wait to be acknowledged before speaking.

Civility, Conduct and Governance Policy
9 Adopted February 28, 2022

CODE OF ETHICS
The following principles shall constitute the Cypress Code of Ethics, applicable to all members of the City Council. Council Members entering office shall sign a statement affirming they read and understood the Code of Ethics. In addition, this Code of Ethics shall be periodically reviewed and updated by the City Council:

E1. Act in the public interest: Recognizing that stewardship of the public interest must be their primary concern, Council Members will work for the common good of the community and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the City Council.

E2. Comply with the law: Council Members shall comply with the laws of the nation, the State of California and the City of Cypress in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions; the Charter; the Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Council Members shall also comply with all applicable City policies and procedures.

E3. Conduct of Council Members: The professional and personal conduct of Council Members must be above reproach and should avoid even the appearance of impropriety. Council Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, City staff or public.

E4. Respect for process: Council Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

E5. Incompatible employment: No Council Member, City employee or other public official shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of his/her official duties.

E6. Use of public property: No Council Member or City employee shall request or permit the use of City owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally, and in the same manner as available to the public, or are provided as City policy for the use of such official in the conduct of official business. No official shall use the time of any City employee during working hours for personal purposes.

E7. Contracts with City: Council Members, City employees, or public officials shall not have a financial interest in any business transaction, or contract with the Civility, Conduct and Governance Policy
10 Adopted February 28, 2022
City, or in the sale of real estate, materials, supplies or services to the City, except as permitted in the conflict of interest statutes of the state.

E8. Disclosure of interest in legislation: A Council Member who has a financial or other private interest in any legislation shall disclose on the records of the City Council or other appropriate authority the nature and extent of such interest.

E9. Conflict of interest: In order to assure their independence and impartiality on behalf of the common good, Council Members shall not use their official positions to influence government decisions in which they have a material financial interest. In accordance with the law, Council Members shall disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision-making where conflicts, as determined under applicable laws, may exist. Council Members should endeavor to consult with the City Attorney before any Council meeting to allow an evaluation by the City Attorney of any potential conflict.

E10. Confidential information: Council Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

E11. Advocacy: When representing the City while serving on or appearing before other government agencies or in court, Council Members shall represent the official policies or positions of the City Council to the best of their ability when designated as delegates for this purpose. When representing the City while serving on or appearing before other government agencies or in court, Council Members shall advocate policies that are in the best interest of the City over their own personal interests. When presenting their individual opinions and positions, Council Members shall explicitly state they do not represent the City Council or the City, and shall not allow the inference that they do.

E12. Positive workplace environment: Council Members shall support a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Council Members shall recognize their special role in dealings with City employees and not provide direction to City staff in violation of the City Charter.

ENFORCEMENT OF THE POLICY FOR COUNCIL MEMBERS
The Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The Policy establishes a process and procedure that:
• Allows the community, Council Members, and City staff to report Policy violations or other misconduct.

Civility, Conduct and Governance Policy
11 Adopted February 28, 2022
• Provides guidelines to evaluate Policy violations or other misconduct and implement appropriate disciplinary action.

The City Council may discipline Council Members who violate the Charter, the Municipal Code, the Policy, or engage in other misconduct. In determining the sanction imposed, the following factors may be considered:
• Nature of the violation.
• Prior violations by the same individual.
• Other factors which bear upon the seriousness of the violation.

At the discretion of the City Council, sanctions may be imposed for violating the Charter, the Municipal Code, the Policy, or engaging in other misconduct. These sanctions may be applied individually or in combination. They include, but are not limited to:

Admonishment
A warning to the City Council about a particular action/behavior that violates City policy.

Direction to Correct
Direction to an individual Council Member to correct the result of a particular action/behavior that violates law or City policy.

Informal Reprimand
Reprimand to an individual Council Member when a particular action/behavior (or set of actions/behaviors) violates law or City policy, but is considered by the City Council to be not sufficiently serious to require censure.

Revocation of Special Privileges
Revocation of a Council Member's committee assignments, regional boards and commissions, and community-generated board/committee appointments; suspension of official travel, conference participation, access to a City credit card, City Council salary, stipends and benefits, and ceremonial titles.

Censure
An official City Council reprimand of a Council Member. The Municipal Code establishes the censure process.

ADDRESSING THE CITY COUNCIL IN A PUBLIC MEETING
Oral Communications are an opportunity for the City Council to hear from the public and is not the time for a dialogue between the City Council and the public. Council Members make take note of comments or questions for follow-up, and at the conclusion of Oral Communications, and upon recognition by the Mayor, may pose those questions to City Civility, Conduct and Governance Policy
12 Adopted February 28, 2022
staff. If the Mayor perceives, or is alerted by another Council Member, of a substantial factual issue with a member of the public’s comments, the Mayor may ask the City Manager or City Attorney for an immediate clarification at the end of the speaker’s comments.

Generally, if a matter presented during Oral Communications requires follow-up, it shall be referred to the City Manager, and if the City Council determines that action is required, the item may be placed on a future agenda following established processes.

To ensure the highest standard of respect and integrity during public meetings, attendees should:

P1. Address all comments to the City Council as a whole and not to any individual member.

P2. Treat everyone courteously.

P3. Listen to City officials and other community members respectfully.

P4. Exercise self-control and avoid threats and loud, insulting, demeaning or offensive communications.

P5. Give open-minded consideration to all viewpoints.

P6. Focus on issues and avoid personalizing debate.

P7. Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions and allow all members of the public to speak without intimidation or interruption.

P8. Not engage in disorderly or boisterous conduct, including, but not limited to, applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance, that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.

P9. Not bring signs, placards, banners, or other similar-items to a public meeting.

P10. Obey any lawful order of the Mayor to enforce this Policy.

P11. Refrain from abusive conduct, personal charges or verbal attacks upon the character of City officials.

P12. Honor efforts by the Mayor to focus discussion on current agenda items.

P13. Show respect for facilities that host public meetings, by avoiding acts that may damage the facility or its equipment/furniture and not bring food or beverages (other than water) to public meetings.

Civility, Conduct and Governance Policy
13 Adopted February 28, 2022

ENFORCEMENT OF THE POLICY FOR MEMBERS OF THE PUBLIC
The Mayor shall be responsible for maintaining the decorum and civility at public meetings and enforcing this Policy in a uniform and even-handed manner. The Mayor may intervene to ensure that Council Members do not interrupt members of the public while speaking.

In the event that any member of the public breaches this Policy in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of a public meeting, the Mayor shall order that person to cease the offending conduct.

If any member of the public continues to breach the Policy in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of a public meeting following an order from the Mayor to cease the offending conduct, the Mayor may order that person to leave the public meeting and may engage the efforts of law enforcement as necessary to carry out the order.

If a member of the public acts abusively towards a City employee outside of a public meeting but in the workplace, the City will issue an oral warning. If a member of the public does not improve his/her behavior in response to a warning, the City will require the abusive individual to leave the premises.

The above-described remedies for compliance with this Policy are not exclusive and shall not preclude the application or use of other remedies provided by State law or the Municipal Code.

Cypress City CouncilSeptember 26, 2022

Cypress City Council
September 26, 2022