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2022-08-22 299 REGULAR MEETING CYPRESS CITY COUNCIL AUGUST 22, 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 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— arrived at 6:01 p.m. Council Member Scott Minikus Council Member Jon Peat STAFF PRESENT Director of Finance and Administrative Services Matt Burton City Attorney Fred Galante Human Resources Administrator Regina Nguyen City Clerk Alisha Farnell ORAL COMMUNICATIONS None. CLOSED SESSION 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 Mayor Morales recessed the meeting at 6:02 p.m. RECONVENE Mayor Pro Tem Hertz-Mallari called to order the 7:00 p.m. session of the City Council meeting at 7:10 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 — arrived at 7:17 p.m. Mayor Pro Tern Anne Hertz-Mallari Council Member Frances Marquez Council Member Scott Minikus Council Member Jon Peat STAFF PRESENT Director of Finance and Administrative Services Matt Burton City Attorney Fred Galante Director of Public Works Doug Dancs Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback City Clerk Alisha Farnell Senior Management Analyst Jason Machado 300 PLEDGE OF ALLEGIANCE Council Member Minikus led the Pledge of Allegiance. INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation. REPORT OF WORKSHOP AGENDA/CLOSED SESSION The City Attorney reported that the City Council met in Closed Session regarding, Conference with Labor Negotiator concerning the employee group Cypress Police Officers Association, the City Attorney reported the City Council received an update, provided """'" direction and no further reportable action was taken. • The City Attorney announced that the Public Works Director will provide a presentation regarding the Public Works Maintenance Yard. PRESENTATION The City Council recognized and presented Certificates of Completion to the Cypress Citizens Academy participants. The Chief of Police introduced Police Officers Marc Zepeda and Nathan Panella. The Director of Public Works presented a brief statement regarding the Public Works Maintenance Yard and trash activity that occurs at that location. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Pat O'Toole, Cypress, spoke regarding West County CERT academy. Roberta O'Toole, Cypress, spoke regarding West County CERT academy. . Helen Le, Cypress, spoke regarding solid waste at the Public Works Maintenance Yard. Rob Johnson, Cypress, spoke regarding Citizens Academy, City achievements, and in opposition to district elections. Katie Shapiro, Cypress, spoke regarding solid waste at the Public Works Maintenance Yard, City leadership, and communication from City Attorney. Troy Tanaka, Cypress, spoke regarding Public Works Maintenance Yard and responsiveness to the community. Bob Youngsma, Cypress, spoke regarding City finances, City Council behavior and City Manager employment contract. Tom Moore, Cypress, spoke regarding City Attorney communication with residents, campaign disclosure statements, and Public Works Maintenance Yard. Carolyn Balagot, Cypress, spoke regarding community issues of concern, Public Works Maintenance Yard, and Agenda Item No. 13. Marilyn Reames, Cypress, spoke in support of district elections and regarding Agenda Item No. 13. The City Attorney stated that a speaker, who is a plaintiff in a lawsuit against the City, requested comments back from Council Members and he advised the City Council refrain from responding due to pending litigation. The City Attorney responded to public comments regarding an email he sent to a resident and stated the comments were a mischaracterization of his communication. 301 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 Pro Tern Hertz-Mallari requested to pull the June 27, 2022 meeting minutes from Agenda Item No. 3. Mayor Morales stated that Agenda Item No. 10, the Warrant Register, includes electronic fund transfer No. 11570 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. 11570 for the reason disclosed. Council Member Minikus stated that Agenda Item No. 10, the Warrant Register, includes electronic fund transfer No. 11569 for $286.18 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. 11569 for the reason disclosed. Council Member Marquez commented on Agenda Items No. 5 and 6. It was moved by Council Member Peat, and seconded by Council Member Marquez, to approve Consent Calendar items No. 1 through 2, 4 through 10 and to include the July 11, 2022 and July 29, 2022 Council Meeting Minutes from Agenda Item No. 3. 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 August 22, 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: Approve Minutes — Meetings of July 11, 2022 and July 29, 2022 Recommendation: Approve as submitted. Item No. 4: Approve an Amendment to the Custodial Services Contract Recommendation: Approve a $24,987 contract amendment for custodial services with United Maintenance Systems for park restroom custodial services at Lexington Park for the period of September 2022 through July 2024. Item No. 5: Approve a Contract for Recreation Facility Lock Up Services Recommendation: Approve a two-year contract for Recreation and Park District security and facility lock up services to California Safety Agency for $36,500. Item No 6: Approve the Purchase of Two Police Replacement Vehicles Recommendation: Authorize the purchase of two replacement unmarked police vehicles for $61,444.52 from Wondries Fleet Group via National Auto Fleet Group. 302 Item No. 7: Accept Tree Planting Program, Project 304 Recommendation: 1. Accept the Tree Planting Program, Project 304, in the amount of $73,125 and approve the final payment of$7,313 to West Coast Arborists, Inc.; and 2. Authorize the City Engineer to file the Notice of Completion with the County Recorder. Item No. 8: Receive and File an Update on the Strategic Plan Six-Month Objectives Recommendation: Receive and file an update on the Strategic plan six-month objectives. Item No. 9: Receive and File the Investment Reports for the Months Ended June 30, 2022 and July 31, 2022 Recommendation: Receive and file the attached investment reports. Item No. 10: Approve Register of Warrants, Transfers, and Wires Issued for the Period of July 2, 2022 through August 5, 2022 Recommendation: Approve the attached payment register summarized below for the period of July 2, 2022 through August 5, 2022: • Electronic Funds Transfers 11380 through 11623 • Warrants 59903 through 60327 • Payroll Transfers W1479 through W1480 END OF CONSENT CALENDAR Regarding Item No. 3: Approve Minutes — Meeting of June 27, 2022 Mayor Pro Tem Hertz-Mallari requested a revision to a comment description for the fifth speaker during the first Oral Communication period. A motion was made by Mayor Pro Tem Hertz-Mallari, and seconded by Council Member Peat, to approve the June 27, 2022 minutes with the stated amendment. 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 NEW BUSINESS None. ITEMS FROM CITY COUNCIL MEMBERS Item No. 11: Discuss Council Member Marquez's Request to Place an Item on the City Council Agenda to Competitively Bid Contracts Valued at More Than $10,000 mom Council Member Marquez provided comments on this item. City Council discussion ensued. Council Member Marquez stated she will present this item at the next Strategic Planning session. No action was taken on this item. 303 Item No. 12: Discuss Council Member Marquez's Request to Place an Item on the City Council Agenda to Post California Fair Political Practices Commission Forms on the City's Website Council Member Marquez provided comments on this item. City Council discussion ensued. Council Member Marquez stated she will follow up on this matter. No action was taken on this item. Item No. 13: Discussion of Racist Email Received by Council Member Marquez, the Issue of Racism on the City Council, and Council Member Marquez's Efforts to Use Power and Influence of people Outside Cypress and California to Bring Change to the City Council Member Peat provided a presentation on this item. City Council discussion ensued. No action was taken on this item. Mayor Morales recessed the meeting at 9:34 p.m. Mayor Morales reconvened the meeting at 9:42 p.m. ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) Brittney Cook, Cypress,thanked Cypress PD for presence on the first day of school, Cypress Community Festival, Cypress High School football, Citizens Academy, Public Works Maintenance Yard, and Agenda Item No. 13. Bob Youngsma, Cypress, spoke regarding City Council interactions. Wanda Youngsma, Cypress, spoke regarding City Council communication with residents. Carolyn Balagot, Cypress, spoke regarding City Attorney comments, Agenda Item No. 13, and City Council interactions. Marilyn Reames, Cypress, spoke regarding City Council interactions and Agenda Item No. 13. Helen Le, Cypress, spoke regarding Agenda Item No.13, City Council interactions, and the previously proposed CNG fueling site at the Public Works Maintenance Yard. Glen Button, Cypress, spoke regarding Agenda Item No. 13 and unity. Beth Culver, Cypress, spoke regarding Agenda Item No. 13, Public Works Maintenance Yard, and solid waste contract. Val Mallari, Cypress, spoke regarding CVRA lawsuit. Edwin Kraemer, Cypress, spoke regarding Arnold Cypress Park design, City relationship with schools, land use/zoning, and Agenda Item No. 13. Timothy Yerian, Cypress, spoke regarding zoning of Public Works Maintenance Yard, Planning Commission, and Arnold Cypress Park. Barry McGeorge, Cypress, spoke regarding Agenda Item No. 13. David Burke, Cypress, spoke regarding the Citizens Academy, Public Works Maintenance Yard, and Agenda Item No. 12. 304 Katie Shapiro, Cypress, spoke regarding Agenda Item No. 13, Pro-Logis trucking station, and the Public Works Maintenance Yard. Maria Krekos, Cypress, spoke regarding public comments made during the first Oral Communications period and spoke regarding the CVRA lawsuit. Quynh Nguyen, Cypress, spoke regarding Public Works Maintenance Yard. COUNCIL MEMBER REPORTS AND REMARKS Council Member Minikus: - Attended the Regional Military Affairs Committee meeting and provided information regarding the West County CERT team. Council Member Peat: No Report. Council Member Marquez: Thanked City staff for their work on the Concert on the Green series. Congratulated the Southern California Hawks on their championship win at the five-day all-star village 12 and under tournament. Assisted a local veteran with temporary housing. Requested an item on the next agenda to discuss trash at the Public Works Maintenance Yard. Mayor Pro Tern Hertz-Mallari: Echoed appreciation for the Concert on the Green series and asked the community to provide feedback via the online survey that will remain open until the end of the week. Stated the Arnold Cypress Park survey is also now open for community feedback. Announced she is the new OCFA Operations Committee Chair. Mayor Morales: No Report. CITY MANAGER REMARKS The City Attorney responded to public comments regarding pending litigation, Council Chamber decorum, and campaign contributions. ADJOURNMENT By motion of Council Member Peat, and seconded by Council Member Minikus, and carried 4-1-0, with Council Member Marquez voting No, to adjourn the meeting at 10:55 p.m. The next Regular City Council Meeting will be held on Monday, September 12, 2022, beginning at 5:30 p.m. in the Executive Board Room. AAYOR OF THE CITY OF CYPRESS ATTEST: 1/41tiCIT CLER OF THE CITY OF CYPRESS