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2024-09-23131 REGULAR MEETING CYPRESS CITY COUNCIL SEPTEMBER 23, 2024 5:15 P.M. — Closed Session 6:00 P.M. — General Session A regular meeting of the Cypress City Council was called to order at 5:15 p.m. by Mayor Minikus 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 Scott Minikus Mayor Pro Tem Bonnie Peat Council Member David Burke Council Member Anne Mallari Council Member Frances Marquez — arrived at 5:16 p.m. STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante City Clerk Alisha Farnell ORAL COMMUNICATION ON CLOSED SESSION / WORKSHOP ITEMS None. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Fortis LLP v. Frances Marquez, City of Cypress Case No. 30-2022-01277792-CU-WM-CJC Orange County Superior Court CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) to Government Code Section 54956.9 Number of Potential Cases: One Mayor Minikus recessed the meeting at 5:16 p.m. RECONVENE Mayor Minikus reconvened the meeting at 6:21 p.m. ROLL CALL Mayor Scott Minikus Mayor Pro Tem Bonnie Peat Council Member David Burke Council Member Anne Mallari Council Member Frances Marquez INVOCATION Pastor Nader Hanna, King of the Nations Ministries, led the Invocation. PLEDGE OF ALLEGIANCE Mayor Minikus led the Pledge of Allegiance. 132 REPORT OF CLOSED SESSION / WORSHOP The City Attorney stated the City Council will recess back into Closed Session following the open session to discuss the first item listed on the agenda, namely Conference with Legal Counsel - Existing Litigation, the matter of Fortis LLP v. Frances Marquez, City of Cypress. Regarding the second Closed Session Item listed on the agenda, namely Conference with Legal Counsel — Anticipated Litigation under the heading significant exposure to litigation. The City Attorney stated the City Council received a briefing, provided direction and no further reportable action was taken. PRESENTATIONS The City Council accepted a donation from the Cypress Police Foundation and their efforts to support the Police Department. ORAL COMMUNICATIONS ON AGENDA ITEMS Bob Youngsma, Cypress, spoke regarding Agenda Items No. 7 and 11. Marilyn Reames, Cypress, spoke regarding Agenda Items No. 7 and 8. Ed Kraemer, spoke regarding Agenda Items No. 2 and 7. 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 Burke requested to pull Agenda Item No. 7. A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Mallari, to approve consent calendar items No. 1 through 6 and 8 through 10. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 1: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 2: Accept the Donation of Fixed Automated License Plate Readers from the Cypress Police Foundation Recommendation: 1. Accept a donation of $49,700 from the Cypress Police Foundation for the purchase and installation of a fixed Automated License Plate Reader system; and 2. Award a contract to Insight Public Sector IT solutions for $49,700 for the purchase and installation of a fixed Automated License Plate Reader system; and 3. Appropriate $49,700 in the General fund for the purchase; and 4. Increase estimated revenues by $49,700 in the General Fund for the donation from the Foundation. 133 Item No. 3: Accept Office of Traffic Safety DUI Traffic Enforcement Grant Recommendation: 1. Accept the FY 2024-25 Office of Traffic Safety DUI/Traffic Enforcement grants; and 2. Increase estimated revenues by $105,000 in the General Fund Grants Fund; and 3. Appropriate $96,000 in the General Fund Grants Fund for overtime, travel and dispatch services; and 4. Appropriate $9,000 in the Equipment Replacement Fund for the purchase of three Lidar devices; and 5. Approve a $9,000 transfer from the General Fund Grants Fund to the Equipment Replacement Fund. Item No. 4: Accept the Oak Knoll Park Sports Field Lighting Replacement, Project 361 Recommendation: 1. Accept the Oak Knoll Park Sports Field Lighting Replacement, Project 361, in the amount of $137,550 and approve the final payment of $6,877.50 to R&M Electrical Contracting; and 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 5: Accept the Veterans Park Pavilion Reconstruction, Project 368 Recommendation: 1. Accept the Veterans Park Pavilion Recondtruction, Project 368, in the amount of $175,291.20 and approve the final payment of $8,764.56 to MDJ Management, LLC.; 2. Authorize the City Engineer to file a Notice of Completion with the County Recorder. Item No. 6: Receive and File the Cypress Recreation and Community Services Foundation Annual Report Recommendation: Receive and file the Recreation and Community Services Foundation Annual Report for the Fiscal Year ended June 30, 2024. Item No. 8: Approve Continuing Appropriations, Revenues and Transfers from FY 2023-24 to FY 2024-25 Recommendation: 1. Authorize the appropriation of $2,849,960 in FY 2024-25 for the carryover of continuing appropriations from FY 2023-24, as detailed in Attachment A; and 2. Authorize the appropriation of $5,711,043 in FY 2024-25 for the carryover of encumbrances on June 30, 2024, as detailed in Attachment B; and 3. Authorize the continuation of operating transfers totaling $2,656,920 and estimated grant revenue totaling $137,363 from FY 2023-24 to FY 2024-25, as detailed in Attachment C to support carryover appropriations. Item No. 9: 31, 2024 Receive and File the Investment Report for the Month Ended August Recommendation: Receive and file the attached investment report. 134 Item No. 10: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of August 10, 2024 through September 6, 2024 Recommendation: Receive and file the attached payment register summarized below for the period of August 10, 2024 through September 6, 2024 • Electronic Funds Transfers 15547 through 15737 • Warrants 65866 through 66120 • Payroll Transfers W1536 through W1537 NEW BUSINESS None. ITEMS REMOVED FROM CONSENT CALENDAR Items No. 7: Approve Cypress Recreation and Park District Continuing Appropriations from FY 2023-24 to FY 2024-25 Council Member Burke commented on this item. City Council discussion ensued. A motion was made by Council Member Burke to remove the Cypress Festival Association carryover appropriation item from consideration and take action on the remaining carryover items. Council Member Mallari suggested an amendment to approve the item in its entirety with removing the language indicating the carryover appropriation is tied to any decision regarding political booths. Council Member Burke rejected the amendment. The City Council requested clarification regarding the motion and amendment. The City Attorney and City Manager provided clarification. City Council discussion continued. Council Member Burke accepted Council Member Mallari's amended motion to appropriate $23,507,202 in FY 2024-25 for items encumbered at June 30, 2024 as detailed in Attachment A; and appropriate $174,579 in FY 2024-25 for the carryover of continuing appropriations as detailed in Attachment A with the removal of any language indicating the Cypress Festival Association carryover is tied to any decision regarding political booths. The motion was seconded by Council Member Marquez. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Burke, Mallari and Marquez NOES: 2 COUNCIL MEMBERS: Peat and Minikus ABSENT: 0 COUNCIL MEMBERS: None ITEMS FROM CITY COUNCIL MEMBERS Item No. 11: Appoint Mayor Pro Tem Peat as a Director to the Orange County Fire Authority Board of Directors Council Member Mallari provided a report on this item. City Council discussion ensued. 135 A motion was made by Council Member Mallari, and seconded by Mayor Pro Tem Peat, to adopt a Resolution appointing Mayor Pro Tem Peat as a Director to the Orange County Fire Authority Board of Directors. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Mallari, Peat and Minikus NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 2 COUNCIL MEMBERS: Burke and Marquez ORAL COMMUNICATIONS Bob Youngsma, Cypress, spoke regarding City Council interactions on the dais. Paul Kokkinos, Cypress, spoke regarding Agenda Item No. 7. Tom Moore, Cypress, spoke regarding Mayor's comments and civility policy. Harumi Lucak, Cypress, spoke regarding news article and changes to the community. Mark Plager, Cypress, Agenda Item No. 7 and the Cypress Festival scheduled on Yom Kippur. Pearl Bolter, Cypress, spoke regarding Cypress trash rates, sales tax and utility taxes in other cities. Marily Reames, spoke regarding concerns of Council Members interactions on the dais. COUNCIL MEMBER REPORTS FROM CITY -AFFILIATED BOARDS AND COMMITTEES AND REMARKS Council Member Mallari Spoke regarding candidate participation at the Cypress Community Festival. Council Member Maquez: Spoke regarding documents left on the dais at the September 9 Council meeting. Spoke regarding recent public records requests and lack of support from the city. Spoke regarding the ongoing lawsuit by Fortis LLP and an article she wrote that was published in the Orange County Register. Council Member Burke: No Report. Mayor Pro Tem Peat: Attended OC Mosquito and Vector Control District board meeting. Attended a meeting at Berkshire Hathaway HomeServices. Announced the City Attorney was highlighted in the OC Council of Governments monthly newsletter. Mayor Minikus: Attended a meeting at Berkshire Hathaway HomeServices. Reminded everyone that September 15 was the first day of Hispanic Heritage month. Attended strategic planning meeting. Attended the annual Autumn Art Show that was hosted by the Cypress Art League. Echoed Council Member Mallari's comments regarding candidate participation at the Cypress Community Festival. 136 COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION Mayor Pro Tem Peat requested to agendize a discussion to consider adopting a Resolution in support of Proposition 36. Council Member Mallari and Mayor Minikus supported the item. The City Attorney stated per the City Council's policy, if there are no objections then the item will be brought forward to the next meeting for discussion and action. CITY MANAGER REMARKS The City Manager stated Celebrate Cypress Month starts in October and provided information regarding upcoming events. City Attorney provided clarification regarding procedural guidelines to address the City Council during the Oral Communication period. ADJOURNMENT Mayor Minikus recessed the meeting into Closed Session at 8:49 p.m. to resume discussion of the Closed Session items as previously reported by the City Attorney. The Mayor reconvened the meeting at 9:17 p.m. The City Attorney reported that the City Council met in Closed Session regarding the item listed on the agenda, namely Conference with Legal Counsel — Existing Litigation, the matter of Fortis LLP v. Frances Marquez, City of Cypress. The City Attorney stated Council Member Marquez recused herself and did not participate. The remaining City Council received an update, provided direction and no further reportable action was taken. Mayor Minikus adjourned the Regular Meeting at 9:18 p.m. to an adjourned Regular Meeting, to be held on Monday, October 14, 2024, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: YOR OF EC1T OFCYPRESS