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2022-01-10 188 REGULAR MEETING CYPRESS CITY COUNCIL JANUARY 10, 2022 7:00 P.M. A regular meeting of the Cypress City Council was called to order at 7:00 p.m. by Mayor Morales in the Council Chambers, 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 Palo Morales Mayor Pro Tern Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Recreation and Community Services Jeff Draper City Clerk Alisha Farnell Director of Finance and Administrative Services Matt Burton (via teleconference) Director of Public Works Doug Dancs (via teleconference) Chief of Police Mark Lauderback (via teleconference) Planning Director Alicia Velasco (via teleconference) PLEDGE OF ALLEGIANCE Mayor Pro Tern Hertz-Mallari led the Pledge of Allegiance. INVOCATION Pastor Mike McKay, Neighborhood Church, led the Invocation. ORAL COMMUNICATIONS Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 19 and the California Voting Rights Act challenge. Anthony Uy, Cypress, spoke regarding Agenda Item No. 19 and the California Voting Rights Act challenge. Mario Bica, Cypress, spoke regarding the California Voting Rights Act challenge. Timothy Yerian, Cypress, spoke regarding Agenda Items No. 7 and No. 20. Wished the City Council a Happy New Year and thanked them for their kind words regarding his father, Robert Yerian. Brittney Cook, Cypress, spoke regarding Agenda Item No. 19 and the California Voting Rights Act challenge. Expressed concerns with City Council meeting behavior. Justin Bright, Cypress, spoke regarding Agenda Item No. 19. Sean Clark, La Palma, spoke on behalf of Cypress Friday Night Lights regarding Agenda Item No. 19. Brooke Nafarrette, Cypress, spoke regarding the California Voting Rights Act Community Forums and wished everyone a Happy New Year. 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. 189 Mayor Morales stated that Agenda Item No. 17, the Warrant Register, includes electronic fund transfer No. 10237 for $795.96 for reimbursement he receives as a CaIPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 10237 for the reason disclosed. Council Member Marquez began a statement regarding occurrences at previous City Council meetings. Mayor Morales called for a point of order and informed Council Member Marquez that the Consent Calendar was the current business matter and that there would be an opportunity during Council Member Reports and Remarks for general comments. Council Member Marquez requested to pull items No. 3, 7 and 8. It was moved by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, to approve Consent Calendar Items No. 1 through 2, 4 through 6, and 9 through 17. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Marquez Item No. 1: Receive and File Public Comments Submitted for the January 10, 2022 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. 4: Approve Final Tract Map No. 19114 Recommendation: Approve Final Tract Map No. 19114 and authorize the City Clerk to sign the record map. Item No. 5: Approve the Urban Area Security Initiative Sub-Recipient Agreement with the City of Anaheim Recommendation: 1. Approve the Fiscal Year 2020 Urban Area Security Initiative (UASI) Sub-Recipient Agreement with the City of Anaheim; and 2. Authorize the City Manager to execute all UASI related documents. Item No. 6: Approve the Successor Agency's Recognized Obligation Payment Schedule for the Period of July 1, 2022 through June 30, 2023 (ROPS 22-23) Recommendation: Adopt a Resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2022 through June 30, 2023 (ROPS 22-23) for the Successor Agency to the Dissolved Cypress Redevelopment Agency. SUCCESSOR AGENCY BOARD RESOLUTION NO. SA-11 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 22-23) FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2023 190 Item No. 9: Receive and File the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021. Item No. 10: Receive and File the Audit Letter to the City Council for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the Audit Letter form Lance, Soil and Lunghard LLP to the City Council for the Fiscal Year ended June 30, 2021. Item No. 11: Receive and File the Report on the City's Appropriations Limit for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the attached Independent Accountants' Report on Agreed-Upon Procedures Applied to the City's Appropriations Limit Worksheet for the Fiscal Year ended June 30, 2021. Item No. 12: Receive and File the Cypress Recreation and Park District's Financial Statements and Auditors' Report for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the District's Basic Financial Statements and Independent Auditors' Report for the Fiscal Year Ended June 30, 2021. Item No. 13: Receive and File the Audit Letter to the District Board for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the Audit Letter from Lance, Soil and Lunghard LLP to the Cypress Recreation and Park District Board of Directors for the Fiscal Year ended June 30, 2021. Item No. 14: Receive and File the Independent Accountants' Report on the Cypress Recreation and Park District's Appropriations Limit for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the attached Independent Accountants' Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheet for the Fiscal Year ended June 30, 2021. Item No. 15: Receive and File the Investment Report for the Month Ended November 30, 2021 Recommendation: Receive and file the attached investment report. Item No. 16: Receive and File the Strategic Plan Six-Month Objectives Update Recommendation: Receive and file the strategic plan six-month objectives update. Item No. 17: Approve the Register of Warrants, Transfers, and Wires Issued for the Period of November 27, 2021 through December 17, 2021 Recommendation: Approve the attached payment register summarized below for the period of November 27, 2021 through December 17, 2021: • Electronic Funds Transfers 10222 through 10339 • Warrants 58345 through 58433 • Payroll Transfers W1462 through W1464 Regarding Item No. 3: Approve Minutes — Meeting of December 13, 2021 The City Clerk stated she did not have a presentation on this item but was available for questions from City Council. 191 Council Member Marquez commented on this item. It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve the December 13, 2021 meeting minutes as submitted. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None Regarding Item No. 7: Approve a Spending Plan for American Rescue Plan Act Allocations Council Member Marquez provided a statement on this item. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve a spending plan for the $11,723,277 of Coronavirus State and Local Fiscal Recovery Funds allocated to the City as part of the American Rescue Plan Act which categorizes these amounts as revenue replacement to the maximum extent allowed by U.S Treasury Guidelines; and increase budgeted transfers out from the Pandemic Response Fund to the City's General Fund by $4,577,000 for eligible 2020 revenue replacement in accordance with American Rescue Plan Act and U.S. Treasury guidelines; and increase budgeted transfers out of the General Fund to the Infrastructure Fund by $1.2 million; and increase budgeted transfers out of the General Fund to the Employee Benefits Fund by $1.2 million; and decrease budgeted transfers out of the Pandemic Response Fund by $625,000 to the City's General Fund ($240,000), Lighting District Fund ($200,000), City Capital Projects Fund ($75,000) and City Central Services Fund ($110,000) for ARPA amounts included in the FY 2021-22 adopted budget. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None Regarding Item No. 8: Award a Contract for Lexington Park Landscape Maintenance Services Council Member Marquez commented on this item. City Council discussion ensued. The City Attorney provided clarification on the bidding process. City Council discussion continued. The Director of Public Works answered questions from City Council. City Council discussion continued. It was moved by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari, to award an initial two year and four month contract with BrightView Landscape Services, Inc. for $214,849, with a contingency of $32,228, for Lexington Park Landscape Maintenance Services. 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 192 NEW BUSINESS Item No. 18: Approve an Agreement to Conduct a Community Survey and Establish a City Council Ad Hoc Subcommittee to Assist with the Development of Survey Questionnaire The City Clerk provided a report on this item. City Council discussion ensued. Tim McLarney from True North Research answered questions from City Council. The Mayor stated his recommendation that he and Mayor Pro Tern Hertz-Mallari serve as the ad hoc subcommittee members for the community survey. Council Member Marquez provided further comments on this item. It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve the agreement with True North Research, Inc. for $29,798 to conduct a community survey; and adopt a Resolution creating an ad hoc subcommittee to advise and assist with the development of the community survey questionnaire, appointing Mayor Morales and Mayor Pro Tern Hertz-Mallari to the ad hoc subcommittee, and establishing it duration and duties. 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. 6870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING AN AD HOC SUBCOMMITTEE TO ADVISE AND ASSIST WITH THE DEVELOPMENT OF A COMMUNITY SURVEY QUESTIONNAIRE Item No. 19: Consider Lexington Park Operating Policies, Field Allocations, and Rental Rates The Director of Recreation and Community Services provided a report on this item. City Council discussion ensued. Council Member Marquez provided a statement on this item. The City Clerk introduced the first reading of the Ordinance. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to introduce the first reading of an Ordinance, by title only, amending Chapter 17-72 of the Cypress Municipal Code regarding synthetic turf; and set a public hearing for February 14, 2022, to consider revisions to the Recreation and Park District master fee schedule, to establish Lexington Park athletic field rental fees, pavilion rental fees, food truck fees, and =- equipment storage fees. 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 193 ITEMS FROM CITY COUNCIL MEMBERS Item No 20: Consider California Voting Rights Act — City Council Election Format Community Forums Informational Presentation The City Manager provided a report on this item. City Council discussion ensued. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Minikus, to approve California Voting Rights Act — City Council Election Format Community Forums informational presentation with amendments to correct the percentages on the By The Numbers demographics slide to reflect 36.3% White, 35.2% Asian Pacific Islander, 20.2% Latino, and 8.3% Other, as well as change the column title on the Election History slides from Overall to Total Voter Population. 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 ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Brooke Nafarrete, Cypress, spoke regarding Mayor Pro Tern Hertz-Mallari's comments during Agenda Item No. 20. Edwin Kraemer, Cypress, expressed support for Council Member Marquez and spoke regarding his concerns with Lexington Park. Anthony Uy, Cypress, thanked Council Member Marquez for her work, expressed concerns about the COVID-19 Omicron variant and spoke regarding his concerns with Lexington Park and Agenda Item No. 18. Timothy Yerian, Cypress, requested additional information regarding Agenda Item No. 7 and expressed his concerns with Lexington Park. Spoke regarding the California Voting Rights Act challenge. COUNCIL MEMBER REPORTS AND REMARKS Council Member Peat: No Report. Council Member Minikus: No Report. Council Member Marquez: Expressed concerns with behavior of her colleagues at previous City Council meetings and COVID-19 omicron variant. Addressed public comments made by Mario Bica and Timothy Yerian. Reported that she visited the home of residents who experienced a fire incident. Met with Mayor Morales about an idea and thanked him for his time. Mayor Pro Tern Hertz-Mallari: Attended the Grand Reopening Ceremony for the Cypress Library and provided an update on Library operations. Spoke regarding virtual meetings and the options available to participate remotely when needed. Council Member Marquez made additional comments. 194 Mayor Morales: Stated COVID-19 protocols are being followed at City Council meetings. Addressed comments made by Council Member Marquez and the public regarding City Council decorum. CITY MANAGER REMARKS No Report. Council Member Marquez interjected with additional comments. Council Member Peat interjected with additional comments. City Council discussion occurred between Council Members Marquez and Peat. Mayor Morales made additional comments and suggested everyone move forward. ADJOURNMENT Mayor Morales adjourned the meeting at 9:40 p.m. to an adjourned Regular Meeting, to be held on Monday, January 24, 2022, beginning at 5:30 p.m. in the Executive Board Room. 99a'eh AYOR OF THE CITY OF CYPRESS ATTEST: ritAja CITY CLERK OF TH CITY OF CYPRESS