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2022-01-24 197 REGULAR MEETING CYPRESS CITY COUNCIL JANUARY 24, 2022 5:00 P.M. A regular meeting of the Cypress City Council was called to order at 5:01 p.m. by Mayor Morales 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 Paulo 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 Finance and Administrative Services Matt Burton Human Resources Administrator Regina Nguyen City Clerk Alisha Farnell ORAL COMMUNICATIONS None. CLOSED SESSION The City Attorney reported that the City Council would meet in Closed Session as follows: CONFERENCE WITH 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 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION • Pursuant to Government Code Section 54956.9(d)(2) Significant exposure to litigation —one potential case Claim of California Voting Rights Act violation from Southwest Voter Education Project CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) Significant exposure to litigation — one potential case Threat of Civil Rights Violation and Harassment Submitted by Council Member Frances Marquez Mayor Morales recessed the meeting at 5:04 p.m. RECONVENE Mayor Morales reconvened the City Council meeting at 7:09 p.m. in the Council Chambers. 198 ROLL CALL Mayor Paulo 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 Public Works Doug Dancs City Clerk Alisha Farnell Director of Finance and Administrative Services Matt Burton (via teleconference) Director of Recreation and Community Services Jeff Draper(via teleconference) Chief of Police Mark Lauderback (via teleconference) Planning Director Alicia Velasco (via teleconference) PLEDGE OF ALLEGIANCE Mayor Pro Tem Hertz-Mallari led the Pledge of Allegiance. INVOCATION Pastor Autumn Igo, SeaCoast Grace 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 each of the three items listed on the Closed Session agenda. Regarding the first item Conference with Labor Negotiator concerning the employee group Cypress Police Officers' Association, he reported the City Council received a briefing on the status of the negotiations and no further reportable action was taken. Regarding the second item, Conference with Legal Counsel — one item of anticipated litigation under the heading significant exposure to litigation pertaining to the claim of California Voting Rights Act violation from Southwest Voter Education Project, he stated the City Council received an update, held a discussion and no further reportable action was taken. Regarding the third item, Conference with Legal Counsel — one item of anticipated litigation under the heading significant exposure to litigation and described as threat of Civil Rights violation and harassment submitted by Council Member Frances Marquez, he stated that Council Member Marquez did not participate in the discussion and was not present in the room while the balance of the City Council held a discussion. He further reported that it was moved by Council Member Peat, and seconded by Mayor Morales, that to the extent the allegations by Council Member Marquez were intended as a claim against the City, the City Council directed the claim be returned as insufficient under the Government Claims Act. The City Attorney reported that 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 ofi ABSENT: 1 COUNCIL MEMBERS: Marquez ` SPECIAL ORDER OF BUSINESS The Mayor provided introductory comments about this item. The City Attorney provided a presentation on the City Council Rules of Debate and Decorum. 199 The City Council discussion ensued. No action was taken. ORAL COMMUNICATIONS Susan Koenig, Cypress, spoke regarding the California Voting Rights Act challenge and City Council behavior during meetings. Timothy Yerian, Cypress, spoke regarding amending the City Charter to allow for a Planning Commission and City Council compensation. Anthony Uy, Cypress, spoke in opposition to Agenda Item No. 1. Sangeeta Swendson, Cypress, expressed support for Council Member Marquez. Katie Shapiro, Cypress, expressed support for Council Member Marquez. Bob Youngsma, Cypress, spoke in opposition to Agenda Item No. 1. Malini Nagpal, Cypress, expressed support for Council Member Marquez and spoke regarding City Council behavior during meetings. PUBLIC HEARING Item No. 1: Conduct Solid Waste Rate Adjustment Public Hearing The Public Works Director provided a report on this item. City Council asked questions of staff. Mayor Pro Tern Hertz-Mallari recused herself from this item and exited the room. City Council questions continued. Mayor Morales opened the public hearing. Lisa Belthius, Cypress, spoke in opposition to this item. George Pardon, Cypress, spoke in opposition to this item. Roger Geyer, Cypress, spoke in opposition to this item. David Burke, Cypress, spoke in opposition to this item. Sangeeta Swendson, Cypress, spoke in opposition to this item. Maria Krekos, Cypress, spoke in opposition to this item. Malini Nagpal, Cypress, spoke in opposition to this item. Beatrice McCallson, Cypress, spoke in opposition to this item. Carrie Katsumata, Cypress, spoke in opposition to this item. Brittney Cook, Cypress, spoke in opposition to this item. Robin ltzler, Cypress, spoke in opposition to this item. Beth Culver, Cypress, spoke in opposition to this item. Linda Cabrera, Cypress, spoke in opposition to this item. 200 Timothy Yerian, Cypress, spoke in opposition to this item. Glenn Morikawa, Cypress, spoke in opposition to this item. Anthony Uy, Cypress, spoke in opposition to this item. Edwin Kraemer, Cypress, spoke in opposition to this item. Robin Anderson, Cypress, spoke in opposition to this item. Nelson Machin, Cypress, spoke in opposition to this item. Mayor Morales closed the public hearing. City Council discussion ensued. The City Clerk announced that a total of 643 written protest were received and that the number required to constitute a majority protest is 7,300. It was moved by Council Member Peat, and seconded by Council Member Minikus, to conduct a public hearing to accept testimony and written solid waste rate adjustment protest; and direct the City Clerk to tabulate protests and, if the number of written protests received is not sufficient to constitute a majority protest, find there is no majority protest; and approve solid waste rate adjustments; and approve a program to assist low-income residents and authorize the City Manager to adjust the program to ensure it is efficient and effective; and appropriate $50,000 in the City's General Fund for the costs of the low- income resident assistance program. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Minikus, Peat, and Morales NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 1 COUNCIL MEMBERS: Hertz-Mallari .40 RESOLUTION NO. 6871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THE RESULT OF THE PROPOSITION 218 PROTEST COUNT FOR THE PROPOSED SOLID WASTE COLLECTION RATE ADJUSTMENTS AND ADOPTING THE PROPOSED RATE ADJUSTMENTS 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. Mayor Morales stated that Agenda Item No. 9, the Warrant Register, includes electronic fund transfer No. 10366 for $751.22 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. 10366 for the reason disclosed. It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve Consent Calendar Items No. 2 through 9. 0.1110 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 Item No. 2: Receive and File Public Comments Submitted for the January 24, 2022 City Council Meeting Recommendation: Receive and file submitted public comments. 201 Item No. 3: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 4: Approve Minutes — Meetings of December 27, 2021 and January 7, 2022 Recommendation: Approve as submitted. Item No. 5: Authorize 2021 Federal Pavement Management Relief Funding (PMRF) Program Recommendation: Adopt a Resolution authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding program. RESOLUTION NO. 6872 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, AUTHORIZING THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM Item No. 6: Authorize Letter in Support of Assembly Bill 1595 Regarding the Orange County Veterans Cemetery Recommendation: Authorize a letter in support of AB 1595 to allow the California Department of Veterans Affairs to design, develop, and construct a state-operated veterans cemetery in Orange County. Item No. 7: Second Reading and Adoption of an Ordinance Updating Park Regulations to Include Synthetic Turf Athletic Fields Recommendation: Adopt the attached Ordinance, by title only and waive further reading, amending section 17-72, of Chapter 17 of the Cypress Municipal Code regarding synthetic turf athletic fields. ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 17-72 OF CHAPTER 17; THE CYPRESS MUNICIPAL CODE RELATING TO PARK REGULATIONS Item No. 8: Receive and File the Investment Report for the Month Ended December 31, 2021 Recommendation: Receive and file the attached investment report. Item No. 9: Approve Register of Warrants, Transfers, and Wires Issued for the Period of December 18, 2021 through January 7, 2022 Recommendation: Approve the attached payment register summarized below for the period of December 18, 2021 through January 7, 2022: • Electronic Funds Transfers 10340 through 10391 • Warrants 58434 through 58553 • Payroll Transfers W1465 END OF CONSENT CALENDAR 202 NEW BUSINESS None. ITEMS FROM CITY COUNCIL MEMBERS Item No. 10: Discussion and Potential Direction Regarding a Policy to Regulate Flags at City Facilities The City Manager provided a report on this item. It was moved by Council Member Marquez to continue this item to a future meeting. Motion failed due to lack of a second. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, to approve a flag policy that restricts flags flown at City facilities to the American flag, State of California flag and the Prisoner of War flag at Veterans Park. 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) Beatrice McCallson, Cypress, spoke regarding Agenda Item No. 1. George Pardon, Cypress, spoke regarding Agenda Item No. 1. Malini Nagpal, Cypress, spoke regarding Agenda Item No. 10 and district elections. Bob Youngsma, Cypress, spoke regarding Agenda Item No. 1. Jack Tisdale, Cypress, spoke regarding Agenda Item No. 1. Timothy Yerian, Cypress, spoke regarding Agenda Item No. 1. David Burke, Cypress, spoke regarding Agenda Item No. 1. Brittney Cook, Cypress, spoke regarding Agenda Item No. 10. Corinne Judd, Cypress, spoke regarding Agenda Item No. 1. COUNCIL MEMBER REPORTS AND REMARKS Council Member Marquez: Spoke regarding the process of placing an item on the agenda. Stated a Coivd-19 testing location is available at the Los Alamitos Race Course. Volunteered at the Senior Center as part of the meal distribution program. Requested a review of the City's current purchasing policies be added to a future agenda. Requested an item be added to a future agenda to consider improving the City's codes of conduct. Council Member Minikus: No Report. 203 Council Member Peat: Attended an Eagle Scout Court of Honor ceremony. Requested a Resolution of Censure against Council Member Marquez regarding disclosure of Closed Session information to the public be added to a future agenda for City Council consideration. Council Member Marquez objected. The City Clerk stated that per the City Council's process for adding items to the agenda, a discussion of the request will be added to a future agenda. Mayor Pro Tem Hertz-Mallari: Requested a civility and governance policy as well as an admonition and censure policy be added to a future agenda for City Council consideration. Mayor Morales: No Report. CITY MANAGER REMARKS No Report. ADJOURNMENT— IN MEMORY OF JOHN LAW Mayor Morales adjourned the meeting at 10:21 p.m. to an adjourned Regular Meeting, to be held on Monday, February 14, 2022, beginning at 5:30 p. . in he Executive Board Room. ,J • le) AYOR OF THE CITY OF CYPRESS \ALThut , CITY CLERK OF T E CITY OF CYPRESS