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2021-12-13 179 REGULAR MEETING CYPRESS CITY COUNCIL DECEMBER 13, 2021 6:00 P.M. A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Peat in the Executive Board Room, 5275 Orange Avenue, Cypress, California. ROLL CALL Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Jon Peat Mayor Pro Tern Paulo Morales Council Member Anne Hertz Council Member Frances Marquez— absent Council Member Scott Minikus STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante City Clerk Alisha Farnell Office Assistant Christina Dizol ORAL COMMUNICATIONS None. CLOSED SESSION The City Attorney reported that the City Council would meet in Closed Session as follows: CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) Significant exposure to litigation —one potential case Claim of California Voting Rights Act violation from Southwest Voter Education Project Mayor Peat recessed the meeting at 6:02 p.m. RECONVENE Mayor Peat called to order the 7:00 p.m. session of the City Council meeting at 7:15 p.m. ROLL CALL Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Jon Peat Mayor Pro Tem Paulo Morales Council Member Anne Hertz Council Member Frances Marquez— absent Council Member Scott Minikus 180 STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton Director of Public Works Doug Dancs Chief of Police Mark Lauderback Planning Director Alicia Velasco City Clerk Alisha Farnell Communications and Marketing Analyst Brooke Straus Office Assistant Christina Dizol PLEDGE OF ALLEGIANCE Mayor Peat led the Pledge of Allegiance. INVOCATION Deacon Jerry Pyne, St. Irenaeus Catholic Church, led the Invocation. REPORT OF WORKSHOP AGENDA/CLOSED SESSION The City Attorney reported that the City Council met in Closed Session and held a discussion on the item listed on the Closed Session agenda, namely conference with Legal Counsel, one item of anticipated litigation under the heading significant exposure to litigation, a claim of California Voting Rights Act violation from Southwest Voter Education Project. He stated the City Council received a briefing on the status of that threat of litigation and no further reportable action was taken. ORAL COMMUNICATIONS 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 Mayor Pro Tern Morales, and seconded by Council Member Minikus, to approve Consent Calendar items No. 1 through 8. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Hertz, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Marquez Item No. 1: Receive and File Public Comments Submitted for the December 13, 2021 City Council Meeting Recommendation: Receive and file submitted public comments. Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 3: Approve Minutes — Meeting of November 22, 2021 Recommendation: Approve as submitted. Item No. 4: Approve 2022 City Council Meeting Schedule Recommendation: Approve 2022 City Council meeting schedule. Item No. 5: Approve Purchase of Replacement Network Firewalls Recommendation: Approve the purchase of five replacement network firewalls from ADS Consulting Group Inc. for$38,574.50. 181 Item No. 6: Approve the Purchase of an Industrial Refrigerator and Freezer Recommendation: 1. Approve the purchase of an industrial refrigerator and freezer not to exceed $35,000 from the lowest responsible bidder; and 2. Increase estimated revenues and appropriations in the District's Capital Replacement Fund by $35,000; and 3. Decrease estimated revenues and appropriations in the City's General Fund by $35,000 Item No. 7: Approve Participation in the National Opioid Settlements Recommendation: 1. Approve Settlement Participation Form for the City's participation in the National Opioid Settlement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation; and 2. Approve Settlement Participation Form for the City's participation in the National Opioid Settlement with Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho- McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuticals, Inc.; and 3. Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds— Distributor Settlement; and 4. Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds— Janssen Settlement; and 5. Adopt a Resolution approving and authorizing the City Manager to execute the documents identified in Recommendation Nos. 1 through 4; and 6. Authorize the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements, including, both not limited to, the transmittal of the executed documents in Recommendation Nos. 1 through 4. Item No. 8: Approve Register of Warrants, Transfers, and Wires Issued for the Period of November 6, 2021 through November 26, 2021 Recommendation: Approve the attached payment register summarized below for the period of November 6, 2021 through November 26, 2021: • Electronic Funds Transfers 10011 through 10221 • Warrants 58158 through 58344 • Payroll Transfers W1461 NEW BUSINESS Item No. 9: City Council Reorganization The City Clerk opened the nominations for Mayor. It was moved by Council Member Hertz, and seconded by Mayor Peat, to nominate Mayor Pro Tem Morales to the office of Mayor. Mayor Pro Tern Morales was elected Mayor by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Hertz, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Marquez 182 Council Member Peat announced a statement by Council Member Marquez requesting to continue her committee assignments from the previous year. The City Clerk opened the nominations for Mayor Pro Tern. It was moved by Council Member Minikus, and seconded by Council Member Peat, to nominate Council Member Hertz to the office of Mayor Pro Tern. Council Member Hertz was elected Mayor Pro Tern by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Hertz, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Marquez Incoming Mayor Paulo Morales thanked everyone for his selection as Mayor and acknowledged the City Councils accomplishments and growth over the past 7 years. He spoke of the City Council commitment and dedication to the City and looks forward to the upcoming year. Incoming Mayor Pro Tern Anne Hertz thanked outgoing Mayor Peat for his service and stated she is looking forward to working with newly elected Mayor Morales. She spoke of her commitment to engage with residents and looks forward to the upcoming year. She thanked everyone for the opportunity to serve as Mayor Pro Tern. Outgoing Mayor Jon Peat thanked the community and his colleagues for the opportunity to serve as Mayor over the past year. He spoke regarding his year of service as Mayor and thanked City staff for their outstanding work. District Representative Scott Do presented a certificate of recognition to outgoing Mayor Jon Peat on behalf of State Senator Josh Newman. Field Representative Lily Jimenez presented a certificate to recognition to outgoing Mayor Jon Peat on behalf of Assemblywoman Sharon Quirk-Silva. Mayor Morales presented a plaque to outgoing Mayor Jon Peat. Item 10: City Council Appointments to Organizations and Committees Mayor Morales made the following appointments: COMPENSATED: Orange County Fire Authority Anne Hertz— Representative Orange County Sanitation District Paulo Morales — Representative Anne Hertz—Alternate Orange County Mosquito & Vector Scott Minikus — Representative Control District NON-COMPENSATED: West Cities Police Communications Center Paulo Morales — Representative Jon Peat—Alternate - , League of California Cities Paulo Morales— Representative General Assembly Anne Hertz—Alternate League of California Cities Paulo Morales — Representative Orange County Division Anne Hertz—Alternate 183 Orange County City Selection Committee Paulo Morales— Representative Anne Hertz—Alternate Orange County Council of Governments Scott Minikus— Representative General Assembly Frances Marquez—Alternate Orange County Library Advisory Board Anne Hertz— Representative Jon Peat -Alternate Santa Ana River Flood Protection Agency Jon Peat— Representative Scott Minikus—Alternate Southern California Association of Scott Minikus— Representative Governments— General Assembly Frances Marquez—Alternate Bridges at Kraemer Place Community Jon Peat— Representative Advisory Board Joint Forces Training Base Cities Group Scott Minikus— Representative Paulo Morales —Alternate Economic Development Ad Hoc Anne Hertz Subcommittee Jon Peat City/Anaheim Union High School Anne Hertz District Ad Hoc Subcommittee Jon Peat City/Cypress College Ad Hoc Subcommittee Paulo Morales Jon Peat City/Cypress School District Ad Hoc Anne Hertz Subcommittee Scott Minikus Veteran Recognition Ad Hoc Subcommittee Frances Marques Scott Minikus It was moved by Council Member Minikus, and seconded by Council Member Peat, to confirm the Mayor's appointments to organizations and committees and adopt a resolution designating and appointing a representative to the Orange County Fire Authority Board of Directors. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Marquez RESOLUTION NO. 6869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) None. 184 COUNCIL MEMBER REPORTS AND REMARKS Council Member Minikus: Participated in a California Highway Patrol toy drive held at Joe Schmoe's restaurant. Wished everyone a Happy Holiday season. Council Member Peat: Attended the ground breaking ceremony for the Orange County Veterans Cemetery located in Anaheim Hills. Wished everyone a Happy Holiday season. Mayor Pro Tern Hertz: Thanked the Recreation department for their work with the Holiday Sing and Tree Lighting Celebration. Wished everyone a Happy Holiday season. Mayor Morales: Acknowledged the Recreation department for their work on the Holiday Sing and Tree Lighting event. Wished everyone a Happy Holiday season. CITY MANAGER REMARKS The City Attorney wished everyone a Happy Holiday season. The City Manager stated that City Hall would be closed December 23, 2021 through January 2, 2022. He announced a Special City Council Meeting to be held on December 27, 2021. Wished everyone a Happy Holiday season. ADJOURNMENT a. Mayor Peat adjourned the meeting at 7:52 p.m. to an adjourned Regular Meeting, to be held on Monday, January 10, 2022, beginning at 5:30 p.m. in the Ex cutive Board Room. 9AYOR OF THE CITY OF CYPRESS ATTEST: it41N CIT LERK OF THE CITY uF CYPRESS F