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2022-02-28 217 REGULAR MEETING CYPRESS CITY COUNCIL FEBRUARY 28, 2022 6:00 P.M. A regular meeting of the Cypress City Council was called to order at 6:00 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 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 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 LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Youngsma, et al. v. Cypress School District, et al. Case No. 30-2021-01220176-CU-EI-CXC Orange County Superior Court 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 Morales recessed the meeting at 6:02 p.m. RECONVENE Mayor Morales reconvened the City Council meeting at 7:03 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 218 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 City Clerk Alisha Farnell Chief of Police Mark Lauderback Planning Director Alicia Velasco PLEDGE OF ALLEGIANCE Council Member Minikus led the Pledge of Allegiance. INVOCATION Father Binh Nguyen, 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 regarding the first item listed on the agenda, Conference with Legal Counsel - existing litigation, the matter of Youngsma, et al. v. Cypress School District, et al. He further reported that the City Council received a briefing on the status of the litigation and no reportable action was taken. Regarding the second Closed Session item listed on the 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 held a discussion and no further reportable action was taken. PRESENTATION The Mayor provided introductory comments and introduced OC Human Relations. Mr. Don Han and Ms. Maureen Dadabhoy of OC Human Relations provided a presentation on the hate crime reporting program and services available to Cypress residents. The Chief of Police introduced Officer Sirigos and Officer Ceja. Howard Kummerman from Cypress College Foundation provided an update on the 47th Annual Americana Awards and introduced Cypress Citizen of the Year Loree Erpelding. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Steve Correa, Cypress, spoke regarding the California Voting Rights Act challenge. Kathleen Wiedel, OC Breeze, spoke regarding upcoming events in Orange County. Amy Behen, Buena Park, spoke as the president of Cypress Girls Softball League in support of Agenda Item No.12. Bonnie Peat, Cypress, spoke on behalf of the Woman's Club of Cypress regarding recent achievements of the club. Katie Shapiro, Cypress, spoke regarding anti-Semitism propaganda found in Cypress, the California Voting Rights Act challenge, and in opposition to Agenda Item No. 16. David Burke, Cypress, spoke regarding the California Voting Rights Act challenge. Claire Chu, Cypress, spoke regarding the California Voting Rights Act challenge. Ruby Cho, Cypress, spoke regarding the California Voting Rights Act challenge. Harumi Lucak, Cypress, spoke regarding the California Voting Rights Act challenge. Marilyn Reames, Cypress, spoke regarding the California Voting Rights Act challenge. 219 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 Marquez requested to pull Agenda Items No. 4 and 7. Mayor Morales stated that Agenda Item No. 10, the Warrant Register, includes electronic fund transfer no. 10531 for$751.22 as reimbursement for medical coverage he is entitled to receive 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. 10531 for the reason disclosed. It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve Consent Calendar Items No. 1 through 3, 5 through 6, and 8 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. 1: Receive and File Public Comments Submitted for the February 28, 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. 3: Adopt a Resolution in Opposition to the Taxpayers Protection and Government Accountability Act, Initiative 21-0042A1 Recommendation: Adopt a Resolution in opposition to the Taxpayer Protection and Government Accountability Act, Initiative 21-0042A1. RESOLUTION NO. 6878 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, OPPOSING INITIATIVE 21-0042A1, A STATE BALLOT MEASURE RESTRICTING VOTER INPUT AND LOCAL TAXING AUTHORITY Item No. 5: Approve Plans and Specifications and Award Contracts for the Annual Residential Street Rehabilitation, Project 292 Recommendation: 1. Approve Plans and Specifications for the Annual Residential Street Rehabilitation, Project 292; and 2. Award a contract to Onyx Paving Company, Anaheim, CA for $824,000, and authorize a contingency of$124,000; and 3. Approve a Task Order for Construction Inspection Services to TRC (Vali Cooper and Associates, Inc.), for$72,320 and authorize a contingency of$10,850. 220 Item No. 6: Approve Task Orders Initiating the Implementation of the Housing Element Recommendation: 1. Submit the draft Housing Element to the State Department of Housing and Community Development for a second review; and 2. Approve a task order to LSA Associates for the preparation of a Program Environmental Impact Report for$299,800 and authorize a$20,000 contingency; and 3. Approve a task order to Annealta Group for supplemental planning services for $94,550; and 4. Appropriate $414,350 in the General Fund for initial Housing Element Implementation. Item No. 8: Receive and File the Investment Report for the Month Ended January 31, 2022 Recommendation: Receive and file the attached investment report. Item No. 9: Receive and File the Single Audit Report for the Fiscal Year Ended June 30, 2021 Recommendation: Receive and file the Single Audit Report for the Fiscal Year Ended June 30, 2021 Item No. 10: Approve Register of Warrants, Transfers, and Wires Issued for the Period of January 29, 2022 through February 11, 2022 Recommendation: Approve the attached payment register summarized below for the period of January 29, 2022 through February 11, 2022: • Electronic Funds Transfers 10515 through 10564 • Warrants 58691 through 58828 • Payroll Transfers W1468 END CONSENT CALENDAR Regarding Item No. 4: Approve Revisions to the Boards, Commissions and Committees Policy Manual Council Member Marquez commented on this item. Council Member Marquez moved to continue the item. Motion failed for lack of a second. It was moved by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, to adopt a resolution adopting the eighth revision to the Boards, Commissions and committees Policy Manual. Mayor Pro Tern Hertz-Mallari commented on this item. The City Clerk provided clarifying information. 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 221 Regarding Item No. 7: Receive and File the Capital Improvement Program Update Council Member Marquez commented on this item. City Council discussion ensued. The Director of Recreation and Community Services and Director of Public Works provided information on this item. City Council discussion continued. It was moved by Council Member Marquez to hold a community forum on this item. The motion failed for lack of a second. It was moved by Council Member Peat, and seconded by Council Member Minikus, to receive and file the Capital Improvement Program update. 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 NEW BUSINESS Item No 11: Approve Recreation and Community Services Commission Recommendations for Summer 2022 Concerts on the Green The Director of Recreation and Community Services provided a report on this item. City Council discussion ensued. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Peat, to approve the Recreation and Community Services Commission's recommendations for the Summer 2022 Concerts on the Green. 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. 12: Award a Contract for Design of the Arnold Cypress Park Rehabilitation, Project 308 The Director of Public Works provided a report on this item. City Council discussion ensued. It was moved by Council Member Peat, and seconded by Council Member Minikus,to Award a contract to MIG for the design of Arnold Cypress Park Rehabilitation, Project 308, for $905,000 and authorize a contingency of$90,500; and endeavor to return to the City Council with a design that includes three 200-foot softball fields, storage facilities, playground and restrooms, attempts to include bull pens on each field or centrally to be used by all three fields, ensures that pickle ball remains a high priority, and does not negatively impact parking or security. 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 222 Item No. 13: Receive and File the Strategic Plan Six-Month Objectives Update The City Manager provided a report on this item. City Council discussion ensued. No action was taken on this item. Item No. 14: Receive the Government Finance Officers Associations Award for Distinguished Budget Presentation and the Certificate of Achievement for Excellence ^^� in Financial Reporting The City Manager provided a report on this item. No action was taken on this item. COUNTINUED ITEMS Item No 15: Adopt the 2022 State and Federal Legislative Platforms The City Manager stated he was available for questions. It was moved by Council Member Peat, and seconded by Mayor Pro Tem Hertz-Mallari, to adopt the 2022 State and Federal Legislative Platform. 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 ITEMS FROM CITY COUNCIL MEMBERS Item No 16: Consideration of a Civility, Conduct and Governance Policy; Municipal Code Amendments Related to the Civility, Conduct and Governance Policy, City Council Meeting Decorum, the Code of Ethics, and Process for Censure; and Revisions to the Policy for Adding Items to the City Council Agenda City Council discussion ensued. It was moved by Mayor Pro Tern Hertz-Mallari, and seconded by Council Member Minikus, to approve the Civility, Conduct and Governance Policy. 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 The City Attorney introduced for First Reading an Ordinance entitled "An Ordinance of the City of Cypress Amending and Restating the Rules of Order for the Conduct of City Council Meetings," reading by title only and waiving further reading. It was moved by Council Member Peat, and seconded by Mayor Pro Tern Hertz-Mallari, to introduce for First Reading an Ordinance, with modifications to Section 6 as described by the City Attorney, entitled "An Ordinance of the City of Cypress Amending and Restating the Rules of Order for the Conduct of City Council Meetings," reading by title only and waiving further reading. 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 223 It was moved by Council Member Peat, and seconded by Council Member Minikus, to require each Council Member to sign the Civility, Conduct and Governance Policy and Code of Ethics by March 8, 2022. 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 It was moved by Council Member Peat, and seconded by Council Member Minikus, to adopt the recommended revisions to the Policy for Adding Items to the City Council agenda. 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. 17: City Council Discussion Regarding Placing a Resolution Outlining the City Council's Intention to Transition from At-large to District-Based Elections on an Upcoming City Council Agenda Council Member Marquez provided a statement on this item. City Council discussion ensued. It was moved by Council Member Marquez for a vote on having to go to district elections and also to have a citizens commission. Motion failed due to lack of a second. It was moved by Mayor Morales, and seconded by Council Member Peat, to continue discussion of this matter to a Closed Session at the March 14, 2022 City Council meeting, unless an earlier date can be arranged by the City Manager. 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 ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Glen Button, Cypress, spoke regarding Agenda Item No. 16. David Burke, Cypress, spoke regarding the California Voting Rights Act challenge and Agenda Item No. 16. Brittney Cook, Cypress, spoke in appreciation of the presentation from OC Human Relations, the Cypress Grocery Program, various Council Members and staff for their assistance, and regarding Agenda Items No. 12 and 16. Val Mallari, Cypress, spoke regarding the California Voting Rights Act challenge. Carolyn Balagot, Cypress, spoke regarding Agenda Item No. 16, as well as racism, homophobia, and hate in Cypress. Timothy Yerian, Cypress, spoke regarding Agenda Items No. 12 and 17. 224 COUNCIL MEMBER REPORTS AND REMARKS Council Member Minikus: Attended the Regional Military Affairs Committee meeting and provided information about the Veteran's Resource Center located at Cypress College. Council Member Peat: 4.01110 Thanked Cypress Youth Baseball, the Woman's Club of Cypress and Play it Again Sports in Los Alamitos for their donations to the Cypress Champion Baseball program. Council Member Marquez: Attended a ceremony at the Los Alamitos Joint Forces Training Base honoring the 40th infantry Division. Thanked Stanton Mayor David Shawver for his assistance in addressing trash near the Material Recovery Facility in Stanton. Requested an item be added to a future agenda regarding the distribution of the Event-News Enterprise newspaper. The City Manager interjected and asked Council Member Marquez to clarify her request. City Council discussion ensued. The City Manager recommended that Council Member Marquez consider bringing this item up as part of the City Council's upcoming strategic planning workshop on March 8 or as part of the Budget process due to the considerable cost that would be associated with this matter. Council Member Marquez stated she will follow up with the City Manager on this matter. Council Member Marquez further commented her condolences to the family of Cypress resident Marti Singer. Mayor Pro Tern Hertz-Mallari: Attended an Orange County Fire Authority Board meeting. Attended an Orange County Library Advisory Board meeting and shared information about the Books by Mail service for homebound eligible residents and the ZipBooks program. Mayor Morales: No report. CITY MANAGER REMARKS The City Attorney provided clarification regarding the Civility, Conduct and Governance Policy to address some comments made during Oral Communications. The City Manager announced the Grand Opening ceremony for Lexington Park will be held on March 12, 2022 at 1:00 p.m. ADJOURNMENT — IN MEMORY OF CYPRESS RESIDENT AND POLICE VOLUNTEER DON SMITH AND HUNTINGTON BEACH POLICE OFFICER NICHOLAS VELLA Mayor Morales adjourned the meeting at 10:07 p.m. to an adjourned Regular Meeting, to be held on Monday, March 14, 2022, beginning at 5:30 p.m. in the Ex cutive Board Room. AYOR OF THE CITY OF CYPRESS ATTEST: L‘.e--)iwksik CITY CLERK OF Tl-E CITY OF CYPRESS