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2023-02-13 358 REGULAR MEETING CYPRESS CITY COUNCIL FEBRUARY 13, 2023 1:00 P.M. A regular meeting of the Cypress City Council was called to order at 1:00 p.m. by Mayor Hertz-Mallari 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 Anne Hertz-Mallari Mayor Pro Tern Scott Minikus Council Member David Burke Council Member Frances Marquez Council Member Bonnie Peat STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante City Clerk Alisha Farnell ORAL COMMUNICATIONS None. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC Orange County Superior Court Mayor Hertz-Mallari recessed the meeting at 1:01 p.m. RECONVENE Mayor Hertz-Mallari reconvened the City Council meeting at 4:33 p.m. WORKSHOP SESSION City Council Meeting Agenda Structure Review The City Clerk provided a report on this item. City Council discussion ensued. No action was taken. Fiscal Year 2022-23 Mid-Year Budget Review The Director of Finance and Administrative Services provided a report on this item. City Council discussion ensued. No action was taken. Mayor Hertz-Mallari recessed the meeting at 5:53 p.m. 359 RECONVENE Mayor Hertz-Mallari called to order the 6:00 p.m. session of the City Council meeting at 6:07 p.m. ROLL CALL Mayor Anne Hertz-Mallari Mayor Pro Tem Scott Minikus Council Member David Burke Council Member Frances Marquez Council Member Bonnie Peat 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 Chief of Police Mark Lauderback Planning Director Alicia Velasco City Clerk Alisha Farnell City Engineer Nick Mangkalakiri PLEDGE OF ALLEGIANCE Boy Scout Troop 295 led the Pledge of Allegiance. INVOCATION Mayor Hertz-Mallari, led the Invocation. REPORT OF WORKSHOP AGENDA/ CLOSED SESSION The City Attorney reported that the City Council met in Closed Session regarding the sole item listed on the agenda, namely Conference with Legal Counsel—existing litigation, the matter of Southwest Voter Registration Education Project v. City of Cypress. The City Attorney stated the City Council received a briefing from Attorney Stephen Churchwell and no further reportable action was taken. Mayor Hertz-Mallari reported that the City Council held a Workshop Session on the City Council meeting agenda structure and the Fiscal Year 2022-23 Mid-Year budget. PRESENTATIONS Clarissa Serpas, Southern California Gas Company, provided an update on the So Cal Gas Pipeline Project. The Planning Director introduced Business Development Manager Robert Ramirez. The City Engineer introduced Associate Engineer Kevin Chin. ORAL COMMUNICATIONS (Limited to 30 minutes —three minutes per speaker, unless extended by the City Council) Bob Youngsma, Cypress, spoke regarding the Workshop Session. Kevin Kim, Cypress, spoke regarding district elections. Joseph Navales, Asian American Advancing Justice, spoke regarding the California Voting Rights Act. Roy Rausch, spoke regarding the Snowy Owl. Marilyn Reams, Cypress, spoke regarding district elections and the Workshop Session. Glenn Button, Cypress, spoke regarding the California Voting Rights Act. 360 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. A motion was made by Council Member Peat, seconded by Mayor Pro Tem Minikus, to approve Consent Calendar items No. 1 through 9. The motion was unanimously carried by the following roll call vote: , .R10 AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari 0.46 NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 1: Receive and File Public Comments Submitted for the February 13, 2023 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 January 21, 2023 and January 23, 2023 Recommendation: Approve as submitted. Item No. 4: Adopt the FY 2023-24 Budget Calendar Recommendation: Adopt the Fiscal Year 2023-24 budget calendar. Item No. 5: Approve Changes to the Taxi Voucher Senior Transportation Program Recommendation: 1. Remove taxi voucher income eligibility requirements for participants; and 2. Increase the number of taxi vouchers participants can request each month from six to ten. Item No. 6: Approve On-Call Contracts for Police Department Internal Affairs Investigation Services Recommendation: Approve on-call contracts for Police Department internal affairs investigation services to Garon Wyatt Investigation Services and Norman A. Traub & Associates Workplace Investigators. Item No. 7: Approve the Acquisition of Real Property at 5121 Myra Avenue Recommendation: 1. Approve the purchase of the real property at 5121 Myra Avenue in the amount of $830,000, and authorize a contingency for closing costs not to exceed $15,000; and 2. Authorize the City Manager to sign and finalize all documents associated with the .40 purchase; and 3. Authorize a $845,000 appropriation increase in the City Capital Projects Fund for the purchase; and 4. Approve a $845,000 transfer from the Infrastructure Fund to the City Capital Projects Fund to pay for the purchase. 361 Item No. 8: Receive and File the Fiscal Year 2022-23 Mid-Year Budget Report and Approve Budget Adjustments Recommendation: 1. Receive and file the FY 2022-23 Mid-Year Budget Report; and 2. Approve mid-year Budget adjustments: City a. Increase appropriations in the General Fund by $105,936 b. Increase appropriations in the Storm Drainage Fund by $59,700 c. Increase appropriations in the Lighting District Fund by $12,000 d. Increase appropriations in the Sewer Fund by $8,400 e. Increase appropriations in the Narcotics Asset Seizure Fund by$30,000 f. Increase appropriations in the Central Services Fund by $40,000 g. Increase appropriations in the Capital Replacement Fund by $27,000 h. Transfer$60,700 of appropriations in the General Fund from personnel to contract services i. Transfer $27,000 from the Narcotics Asset Seizure Fund to the Capital Replacement Fund j. Transfer $1,000,000 from the Liability Self-Insurance Fund to the Workers Compensation Self-Insurance Fund k. Transfer $1,750,000 from the General Fund to the Infrastructure Fund I. Transfer $1,750,000 from the General Fund to the Employee Benefits Fund for Pension Trust Investment m. Approve the receipt of $1,434,209 from Park District as partial payment on the outstanding Repayment Agreement and Promissory Note with the City for the construction of Lexington Park n. Approve the attached Repayment Agreement and Promissory Note between the City and Park District for an amount not to exceed $1,275,000. Recreation and Park District o. Increase appropriations in the General Fund by $896,600 p. Transfer$1,434,209 from the Park Development Fund to the General Fund q. Approve a $1,434,209 payment to the City's Infrastructure fund to apply against the outstanding Repayment Agreement and Promissory Note between the City and Park District for the construction of Lexington Park. Item No. 9: Approve Register of Warrants, Transfers, and Wires Issued for the Period of January 7, 2023 through January 27, 2023 Recommendation: Approve the attached payment register summarized below for the period of January 7, 2023 through January 27, 2023: • Electronic Funds Transfers 12518 through 12611 • Warrants 61509 through 61626 • Payroll Transfers W1493 through W1494 NEW BUSINESS Item No. 10: Receive a Presentation regarding the HOPE Center The Chief of Police provided a report on this item. City Council discussion ensued. No action was taken on this item. Item No. 11: Review, Potentially Revise, and Adopt the City Council's Civility, Conduct and Governance Policy The City Manager provided a report on this item. 362 City Council discussion ensued. A motion was made by Council Member Burke, and seconded by Council Member Marquez, to approve staffs recommended revisions to the City Council's Civility, Conduct and Governance Policy. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Mayor Hertz-Mallari and Council Member Burke each recommended additional revisions to the Policy. City Council discussion ensued. A motion was made by Council Member Burke, and seconded by Council Member Peat, to approve the additional revisions proposed by Mayor Hertz-Mallari and Council Member Burke to the policy title, Civility & Conduct Protocol C13, Governance Protocols G3, G11, G14, and Addressing the City Council in a Public Meeting protocol P11. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None A motion was made by Mayor Hertz-Mallari, and seconded by Council Member Peat, to revise the Revocation of Special Privileges section to eliminate the ability to revoke "benefits". The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None City Council discussion ensued. A motion was made by Council Member Burke, and seconded by Council Member Marquez, to revise the Revocation of Special Privileges section to eliminate the ability to revoke "salary" and "stipends". The motion failed by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Burke, Marquez NOES: 3 COUNCIL MEMBERS: Peat, Minikus and Hertz-Mallari ABSENT: 0 COUNCIL MEMBERS: None A motion was made by Council Member Peat, and seconded by Mayor Pro Tern Minikus, to require each Council Member to sign the Civility, Conduct, Ethics and Governance Policy as revised by City Council by February 23, 2023. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Peat, Minikus and Hertz-Mallari NOES: 2 COUNCIL MEMBERS: Burke and Marquez ABSENT: 0 COUNCIL MEMBERS: None ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) None. 363 COUNCIL MEMBER REPORTS AND REMARKS Council Member Peat: Attended the League of California Cities New Mayors and Council Members Academy. Met with Director White of Orange County Professional Firefighters Local 3631. Participated in a ride- along with the City Manager. Met with a representative from Congresswoman Michelle Steel's office and announced they will be hosting a ribbon cutting ceremony this week. Attended a ceremony hosted by Senator Nguyen in honor of fallen Huntington Beach Police Officer Nicholas Vella. Council Member Burke: Attended the League of California Cities New Mayors and Council Members Academy.Attended the Orange County Library Advisory Board meeting and announced he will be serving on the Executive and Finance Committees. Council Member Marquez: Attended the 75th Anniversary celebration for First Baptist Church of Cypress. Attended the League of California Cities New Mayors and Council Members Academy. Attended the ceremony hosted by Senator Nguyen in honor of fallen Huntington Beach Police Officer Nicholas Vella. Attended a Political Science class at Cypress College. Participated in two classes at the Cypress Senior Center.Attended a swearing-in ceremony for Assemblymember Josh Lowenthal at Long Beach Polytechnic High School. Mayor Pro Tern Minikus: Attended the League of California Cities New Mayors and Council Members Academy.Attended the Regional Military Affairs Committee Board meeting. Will attend an upcoming Orange County Sanitation District board meeting. Attended the ceremony hosted by Senator Nguyen in honor of fallen Huntington Beach Police Officer Nicholas Vella. Mayor Hertz-Mallari Attended the League of California Cities New Mayors and Council Members Academy. Attended the OCFA and OC City Selection committee board meetings. Participated in a Human Trafficking event held at St. lrenaeus Catholic Church. Participated in Leadership training at Claremont College. CITY MANAGER REMARKS Thanked the City Council for attending the League of California Cities New Mayors and Council Members Academy. Attended the statewide League of California Cities City Managers Conference. ADJOURNMENT— IN MEMORY OF SELMA POLICE OFFICER GONZALO CARRASCO JR. Mayor Hertz-Mallari adjourned the meeting at 8:22 p.m. to an adjourned Regular Meeting, to be held on Monday, February 27, 2033, beginning at 5:30 p.m. in the Executive Board Room. (1."-NA- MAYOR OF THE ITY OF CYPRESS ATTEST: 4_ s � CI CLE K OF T E CI OF CYPRESS