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2022-02-14 204 REGULAR MEETING CYPRESS CITY COUNCIL FEBRUARY 14, 2022 6:30 P.M. A regular meeting of the Cypress City Council was called to order at 6:33 p.m. by Mayor Morales in the Council Chambers, 5275 Orange Avenue, Cypress, California. amRik 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 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 Police Lieutenant Scott Ausmus ORAL COMMUNICATIONS None. CLOSED SESSION The City Attorney reported that the City Council would meet in Closed Session as follows: THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957 Consultation with: Cypress Police Department, Chief of Police Mayor Morales recessed the meeting at 6:35 p.m. RECONVENE Mayor Morales called to order the 7:00 p.m. session of the City Council meeting at 7:06 p.m. ROLL CALL Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Paulo Morales Mayor Pro Tern Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus Council Member Jon Peat 205 STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante Director of Finance and Administrative Services Matt Burton Director of Recreation and Community Services Jeff Draper City Clerk Alisha Farnell Director of Public Works Doug Dancs (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 Morales led the Pledge of Allegiance. INVOCATION Mike McKay, Neighborhood 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, Threat to Public Services or Facilities in consultation with the Cypress Police Department, Chief of Police. He stated the City Council received a briefing and no further reportable action was taken. PRESENTATION John Heffernan from AT&T provided a presentation on infrastructure upgrades. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Malini Nagpal, Cypress, spoke in opposition to Agenda Item No. 18. Harumi, Cypress, spoke in support of flag policy approved at January 24, 2022 City Council meeting. Marilyn Reames, Cypress, spoke in oppositions to Agenda Item No. 18. Sangeeta Swendson, Cypress, spoke in opposition to Agenda Item No. 18. Katie Shapiro, Cypress, spoke in opposition to Agenda Item No. 18. Bob Youngsma, Cypress, spoke regarding City Council behavior during meetings. Maria Krekos, Cypress, spoke in opposition to Agenda Item No. 18 and spoke in opposition to flag policy. Ebru Awad, Cypress, spoke in support of approved flag policy. Beth Culver, Cypress, spoke in support of approved flag policy. Claire Chiu, Cypress, spoke in support of approved flag policy. PUBLIC HEARING Item No. 1: Adopt a Resolution Establishing Lexington Park Rental Rates, Pavilion Rental Rates, Food Truck Rental Rates, and Equipment Storage Rates The Recreation and Community Services Director provided a report on this item. City Council asked questions of staff. Mayor Morales opened the public hearing. Christen Jackson, Cypress, spoke on behalf of AYSO soccer in support of this item. 206 Sean Clark, La Palma, spoke on behalf of Cypress Friday Night Lights flag football in support of this item. Mayor Morales asked Council Members to disclose any communications with anyone relevant to the item. Council Members Marquez, Peat and Minikus disclosed general communication with community members and youth sport organizations. Mayor Pro Tem Hertz-Mallari disclosed general communication with the Recreation Commissioners, youth sport organizations, and community members. Mayor Morales closed the public hearing. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Council Member Minikus, to adopt a Resolution approving the revised Master Fee Schedule for the Recreation and Park District to establish Lexington Park athletic field rental rates, pavilion rental rates, food truck rental rates, and equipment storage rates, including annual Consumer Price Index adjustments; and dedicate Recreation and Park District revenue arising from the revised Master Fee Schedule for Lexington Park rehabilitation, replacement, and operational costs. 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 ABSTAIN: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTOR OF THE CYPRESS RECREATION AND PARK DISTRICT AMENDING AND RESTATING RESOLUTION NO. 6748 ESTABLISHING A MASTER SCHEDULE OF FEES RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES 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. Council Member Minikus stated that Agenda Item No. 16, the Warrant Register, includes warrant no. 58624 for $572.36 as reimbursement for medical coverage 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 warrant no. 58624 for the reason disclosed. Council Member Marquez requested to pull items No. 5, 6, and 7. Mayor Pro Tern Hertz-Mallari requested to pull items No. 5 and 11. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to approve Consent Calendar Items No. 2 through 4, 8 through 10, and 12 through 16. 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 ABSTAIN: 0 COUNCIL MEMBERS: None 207 Item No. 2: Receive and File Public Comments Submitted for the February 14, 2022 City Council Meeting Recommendation: Receive and file submitted public comments. 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 January 10, 2022 and January 19, 2022 Recommendation: Approve as submitted. Item No. 8: Adopt a Resolution Authorizing Execution of Caltrans Local Assistance Documents Associated with State and Federal Grant Funds Recommendation: Adopt a Resolution authorizing the Director of Public Works to execute Caltrans Local Assistance documents associated with State and Federal grant-funded projects. RESOLUTION NO. 6875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, CITY ENGINEER, OR DESIGNEE TO APPROVE AND EXECUTE CALTRANS LOCAL ASSISTANCE DOCUMENTS ASSOCIATED WITH STATE AND FEDERAL GRANT FUNDING Item No. 9: Adopt a Resolution Updating the Signature Authority for CalRecycle Payment Programs Recommendation: Adopt a Resolution updating signature authority from the Community Development Director to the Public Works Director for CalRecycle Payment Programs and related authorizations. RESOLUTION NO. 6876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING SUBMITTAL OF AN APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS Item No. 10: Adopt a Resolution and Authorize Letters in Support of Federal Per- and Polyfluoroalkyl Substances Legislation that Protects Water/Wastewater Agencies Recommendation: Adopt a Resolution and authorize letters in support of Federal per- and polyfluoroalkyl substances legislation that protects water/wastewater agencies. RESOLUTION NO. 6877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATERNVASTEWATER AGENCIES Item No. 12: Accept the Maintenance Yard Restroom and Locker Room Rehabilitation, Project 273 Recommendation: 1. Accept the Maintenance Yard Restroom and Locker Rehabilitation, Project 273, in the amount of$80,334.19 and approve the final payment of$4,016.71 to MEP Construction Services; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. 208 Item No. 13: Accept the Senior Center Restroom Improvements, Project 284 Recommendation: 1. Accept the Senior Center Restroom Improvements, Project 284, in the amount of $213,412.36 and approve the final payment of$10,670.62 to OCLA Construction; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 14: Approve an Agreement for the Salute to America Celebration Pyrotechnics Recommendation: Approve a three-year agreement with Fireworks & Stage FX America, Inc. for pyrotechnics at the annual Salute to America Celebration not to exceed $75,000 ($25,000 annually), with an option for two one-year extensions. Item No. 15: Approve the Purchase of a Showmobile Recommendation: 1. Authorize the purchase of a showmobile from Century Industries, LLC for $179,234; and 2. Appropriate $10,000 in the District's Capital Replacement Fund; and 3. Transfer $10,000 from the District's General Fund to the Capital Replacement Fund. Item No. 16: Approve Register of Warrants, Transfers, and Wires Issued for the Period of January 8, 2022 through January 28, 2022 Recommendation: Approve the attached payment register summarized below for the period of January 8, 2022 through January 28, 2022: • Electronic Funds Transfers 10392 through 10514 • Warrants 58554 through 58690 • Payroll Transfers W1466 through W1467 END OF CONSENT CALENDAR Regarding Item No. 5: Receive and File the Fiscal Year 2021-22 Mid-Year Budget Report and Approve Budget Adjustments Council Member Marquez commented on this item. Mayor Pro Tem Hertz-Mallari commented on this item. It was moved by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to Receive and file the FY 2021-22 Mid-Year Budget Report; and Approve mid-year budget adjustments: City a. Increase appropriations in the General Fund by $222,910 b. Increase appropriations in the Storm Drainage Fund by $19,000 OMNIS c. Increase appropriations in the Lighting District Fund by $19,000 d. Increase appropriations in the Sewer Fund by 17,710 e. Increase appropriations in the Capital Projects Fund by $22,000 f. Increase appropriations in the Information Systems Fund by $17,000 g. Increase appropriations in the Capital Replacement Fund by $10,000 h. Transfer $17,000 from the General Fund to the Information Systems Fund i. Transfer$10,000 from the General Fund to the Capital Replacement Fund j. Transfer$7,140,000 from the Pandemic Response Fund to the General Fund for eligible FY 2019-20 and FY 2020-21 revenue losses in accordance with the American Rescue Plan Act (ARPA), the City Council approved ARPA spending plan and final U.S. Treasury Guidelines 209 k. Transfer$3,300,000 from the General Fund to the Infrastructure Fund I. Transfer$3,300,000 from the General Fund to the Employee Benefits Fund m. Approve the receipt of $5,212,325 from the Park District as partial payment on the outstanding repayment agreements and promissory Notes with the City n. Transfer $17,000 from the General Fund to the Information Systems Fund o. Transfer$10,000 from the General Fund to the Capital Replacement Fund Recreation and Park District p. Transfer$5,212,325 from the Park Development Fund to the General Fund q. Approve a $5,212,325 payment to the City's Infrastructure fund to apply against the two outstanding Repayment Agreements and Promissory Notes between the City and Park District 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. 6: Adopt the FY 2022-23 Budget Calendar Council Member Marquez commented on this item. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Council Member Minikus, to adopt the Fiscal Year 2022-23 budget calendar. 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: Adopt the 2022 State and Federal Legislative Platform Council Member Marquez commented on this item. City Council discussion ensued. It was moved by Council Member Marquez, and seconded by Council Member Minikus, to continue this item to the next regular meeting to be held on February 28th, 2022. 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 Regarding Item No. 11: Receive an Update on the Neighborhood Preservation Pilot Program Mayor Pro Tern Hertz-Mallari commented on this item. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Council Member Marquez, to receive an update on the Neighborhood Preservation Pilot Program. 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 210 NEW BUSINESS None. ITEMS FROM CITY COUNCIL MEMBERS Item No 17: Overview of City Purchasing Policies, Practices and System Council Member Marquez commented on this item. The City Manager made a statement regarding remarks made by Council Member Marquez at the January 24, 2022 City Council meeting. The Director of Finance and Administrative Services provided a presentation on this item. The City Attorney, City Manager and Finance Director answered questions from Council Member Marquez. City Council discussion ensued. No action was taken on this item. Item No 18: City Council Discussion Regarding Placing a Resolution to Censure Council Member Marquez for Disclosure of Closed Session Information on an Upcoming City Council Agenda Council Member Peat commented on this item and stated he will not request a Resolution to Censure Council Member Marquez. Council Member Marquez provided comments on this item. No action was taken on this item. ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Carolyn Balagot, Cypress, expressed support for Council Member Marquez and spoke in opposition of the approved flag policy. Brittney Cook, Cypress, expressed concerns over City Council communication efforts. Val Mallari, Cypress, spoke regarding the California Voting Rights Act challenge. Tamara Micciche, Cypress, expressed concerns with identity politics and City Council behavior at meetings. Glen Morikawa, Cypress, expressed concerns with City Council behavior at meetings and spoke regarding Agenda Item No. 18. He further stated his opposition to the solid waste franchise amendments. COUNCIL MEMBER REPORTS AND REMARKS Council Member Marquez: Thanked various staff members for their work. Expressed concerns about the distribution of the Event-NewsEnterprise Newspaper. Expressed interest in changing City Council meeting days to Tuesdays. Expressed a desire for the City Council to proceed with a decision on the California Voting Rights Act challenge at the next City Council meeting. Council Member Minikus: No Report. 211 Council Member Peat: Spoke about a conflict of interest complaint submitted to the Fair Political Practices Commission (FPPC) by Cypress resident George Pardon. Council Member Peat stated the FPPC dismissed the conflict of interest complaint and requested the FPPC's response letter to Mr. Pardon, dated February 2, 2022, be included in the minutes of this meeting: "Dear Mr. Pardon, This letter is in response to the sworn complaint you submitted to the Enforcement Division of the Fair Political Practices Commission regarding the above-named individuals. Your complaint alleged that Cypress City Councilmembers Ann Hertz-Mallari and Jon Peat had a conflict of interest when they made decisions regarding the City's contract (and contract amendments) with Valley Vista Services (WS). Under the Political Reform Act, a public official has a disqualifying conflict of interest in a governmental decision if it is reasonably foreseeable that the decision will have a financial impact on their personal finances or other financial interests. The facts and information in your complaint failed to establish that either Hertz-Mallari or Peat had financial interests that would have been effected when they made or participated in making decisions regarding WS. Therefore, after review of the complaint, evidence provided, applicable law, and communication with the Respondent's legal counsel, the Enforcement Division will not pursue an enforcement action in this matter. If you have any questions, please contact Ginny Lambing. Sincerely, Angela J. Brereton, Chief, Enforcement Division" Council Member Peat thanked the FPPC for their quick response in this matter and made additional comments directed at Mr. Pardon. Mayor Pro Tem Hertz-Mallari: Attended the Orange County Fire Authority board meeting and provided an update. Will attend a Library Advisory Board meeting on February 24 and will provide any updates on changes to Library operations at future meetings. Attended a grand opening for Senior Helpers, a home health care service. Addressed the conflict of interest complaint submitted to the Fair Political Practices Commission and requested residents reach out to her directly with questions instead of obtaining information from questionable sources. Wished everyone a Happy Valentine's Day. Mayor Morales: No Report. The City Manager requested clarification from Council Member Marquez regarding her comments regarding consideration of the California Voting Rights Act (CVRA) challenge at the next City Council meeting. Council Member Marquez requested an item be brought forward to make a decision on the CVRA challenge at the February 28 City Council meeting. Council Member Peat objected. City Council discussion ensued. The City Manager stated an item would come forward at the next City Council meeting to discuss whether a Resolution of Intent regarding the CVRA challenge should be added to a future agenda for consideration. Council Member Marquez consented. CITY MANAGER REMARKS The City Attorney provided a statement of clarification regarding his involvement regarding the Fair Political Practices Commission conflict of interest complaint. 212 The City Manager announced the Community Forums regarding City Elections will be held on February 15 at 5:00 p.m. at the Navy Golf Course and February 26 at 10 a.m. at the Community Center. He stated that City Hall would be closed on February 21 in observance of Presidents Day. He further stated the grand opening of Lexington Park will be held on March 12. Wished his wife and son a Happy Valentine's Day. ADJOURNMENT Mayor Morales adjourned the meeting at 10:34 p.m. to an adjourned Regular Meeting, to be held on Monday, February 28, 2022, beginning at 5:30 p.m. in the Executive Board '"i"" Room. 9a I. , ,, . AYOR OF THE CITY OF CYPRESS ATTEST: CITY CL RK OF THE CITY OF CYPRESS