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2024-06-1084 REGULAR MEETING CYPRESS CITY COUNCIL JUNE 10, 2024 5:00 P.M. — Closed Session 6:00 P.M. — General Session A regular meeting of the Cypress City Council was called to order at 5:02 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 STAFF PRESENT City Manager Peter Grant City Attorney Fred Galante City Clerk Alisha Farnell ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS 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 Groups: • Cypress Employees' Association • Cypress Maintenance Employees' Association • Executive Management • Mid -Management • Confidential 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 Minikus recessed the meeting at 5:03 p.m. RECONVENE Mayor Minikus reconvened the meeting at 6:03 p.m. ROLL CALL Mayor Scott Minikus Mayor Pro Tem Bonnie Peat Council Member David Burke Council Member Anne MaIlari Council Member Frances Marquez 85 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 City Clerk Alisha Farnell City Engineer Nick Mangkalakiri Senior Management Analyst Jason Machado INVOCATION Pastor Nader Hanna, King of the Nations, led the Invocation. PLEDGE OF ALLEGIANCE Mayor Pro Tem Bonnie Peat led the Pledge of Allegiance. REPORT OF CLOSED SESSION / WORKSHOP The City Attorney reported that the City Council met in Closed Session and held a discussion on the first item listed on the Closed Session agenda, namely Conference with Labor Negotiator concerning the employee groups Cypress Employees' Association, Cypress Maintenance Employees' Association, Executive Management, Mid -Management and Confidential groups. He stated the City Council received an update, provided direction and no further reportable action was taken. Regarding the second Closed Session 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 an update and by motion by Mayor Pro Tem Peat, and seconded by Council Member Mallari, the City Council unanimously approved a payment of $835,000 to plaintiffs for attorney's fees and costs. The payment will be completed by June 30, 2024, and incorporated in an amendment to the settlement agreement. PRESENTATIONS The City Council recognized and presented Certificates of Completion to the Cypress Citizens Academy participants. ORAL COMMUNICATIONS ON AGENDA ITEMS Kyle Chang, Cypress, spoke regarding youth basketball program and park maintenance. Bob Youngsma, Cypress, spoke regarding Agenda Item No. 17 and park maintenance. 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. 6 and 8. Council Member Burke asked questions of staff regarding Agenda Item No. 10. City Council discussion ensued. A motion was made by Council Member Burke, and seconded by Council Member Marquez, to approve consent calendar items No. 1 through 5, 7, and 9 through 17. 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 86 Item No. 1: Approve Minutes - Meetings of April 22, May 7, and May 8, 2024 Recommendation: Approve as submitted. 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 the Fiscal Year 2024-25 Appropriations Limit Recommendation: Adopt a Resolution establishing the City's Fiscal Year 2024-25 appropriations limit. RESOLUTION NO. 6962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 2024-25 FISCAL YEAR. Item No. 4: Adopt the Cypress Recreation and Park District's Fiscal Year 2024-25 Appropriations Limit Recommendation: Adopt a Resolution establishing the Cypress Recreation and Park District's Fiscal Year 2024-25 appropriations limit. RESOLUTION NO. 6963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2024-25 FISCAL YEAR. Item No. 5: Adopt Annual Statement of Investment Policy Recommendation: Adopt a Resolution approving the Annual Statement of Investment Policy, RESOLUTION NO. 6964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY Item No. 7: Adopt a Resolution Approving a Three -Year Memorandum of Understanding with the Cypress Maintenance Employees' Association Recommendation: Adopt a Resolution approving a Memorandum of Understanding with the Cypress Maintenance Employees' Association from July 1, 2024 through June 30, 2027. RESOLUTION NO. 6965 A RESOLUTION OF THE CITY COUNCIL AND ACTING AS EX -OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT Item No. 9: Adopt a Resolution Establishing Salary and Benefits for Confidential Positions Recommendation: Adopt a Resolution amending Resolution No. 6940 establishing salary and benefits for non -represented Confidential positions. 87 RESOLUTION NO. 6968 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 AMENDING RESOLUTION NO. 6940 ESTABLISHING SALARY RANGES AND BENEFITS FOR CONFIDENTIAL POSITIONS Item No. 10: Approve a Design Contract for Myra Avenue Pump Station No. 1, Project 300 Recommendation: 1. Approve an agreement with AKM Consulting Engineers, for $1,436,897, and authorize a contingency of $215,000; and 2. Appropriate $206,075 in the Capital Projects Fund for the Design of Myra Avenue Pump Station No. 1, Project 300; and 3. Transfer $206,075 from the Infrastructure Reserve Fund to the Capital Projects Fund. Item No. 11: Approve Senate Bill 1 Road Maintenance and Rehabilitation Account Funding and Project List Recommendation: Adopt a Resolution approving the FY 2024-25 Senate Bill 1 Road Maintenance and Rehabilitation Account funding and project list. RESOLUTION NO. 6969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Item No. 12: Accept Emergency Sewer Line Repairs at Christopher Street and Myra Avenue Recommendation: 1. Accept Emergency Sewer Line Repairs at Christopher Street and Myra Avenue, in the amount of $86,831.32; and 2. Approve an $86,832 appropriation increase in the Sewer Fund for the Emergency repairs. Item No. 13: Approve an Agreement for Police Department Shooting Range Cleaning Recommendation: 1. Approve an agreement with HCI Environmental & Engineering Service for Police Department range cleaning in the amount of $33,090. 2. Approve an $18,390 appropriation increase in the Central Services fund Item No. 14: Approve an Agreement for Recreation and Community Services Printing Services Recommendation: Approve a three-year agreement for printing services with Advantage Mailing, LLC for an amount not to exceed $108,270. 88 Item No. 15: Approve an Amendment to the Senior Transportation Agreement with California Yellow Cab Recommendation:, Approve an amendment to the Senior Transportation. Agreement with California Yellow Cab. NEW BUSINESS Item No. 16: Adopt the City of Cypress and the Cypress Recreation and Park District Fiscal Year 20.24-25 Budgets• The Director of Finance and Administrative Services provided a report on this item. City Council asked questions of staff. City Council discussion ensued. A motion was made by Council Member Mallari, and seconded by Mayor Pro Tem Peat, to adopt a Resolution approving the City Fiscal Year 2024-25 budget; and adopt a Resolution approving the Recreation and Park District budget Fiscal Year 2024-25. 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 RESOLUTION NO. 6970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. RESOLUTION NO. 6971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, APPROVING THE DISTRICT'S ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE FUNDS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS Item No. 17: Adopt the Seven -Year Capital Improvement Program FY 2024-25 to FY 2030-31 The Director of Public Works and City Engineer provided a report on this item. City Council discussion ensued. A motion was made by Council Member Mallari, and seconded by Mayor Pro Tem Peat, to determine the Seven -Year CIP FY 2024-25 to FY 2030-31 is consistent with the General Plan; and confirm various projects are exempt from California Environmental Quality Act Exemptions requirements; and adopt a Resolution approving the Seven -Year CIP FY 2024- 25 to FY 2030-31; and adopt a Resolution updating annual Public Works contract award thresholds as required by Municipal Code Section 21A-19. 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 89 RESOLUTION NO. 6972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2024-25 THROUGH FISCAL YEAR 2030-2031 RESOLUTION NO. 6973 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, TO UPDATE THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS ITEMS REMOVED FROM CONSENT CALENDAR Item No. 6: Receive and File the FY 2024-25 Master Fee Schedule Council Member Marquez commented on this item. City Council discussion ensued. A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Burke, to receive and file the updated FY 2024-25 Master Fee Schedule which incorporates annual cost -of -living adjustments for City and Park District user fees. 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. 8: Adopt Resolutions Establishing Salary for Executive Management and Mid -Management Positions Council Member Marquez commented on this item. City Council discussion ensued. A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Mallari, to adopt a Resolution establishing salary ranges for Executive Management positions; and adopt a Resolution establishing salary ranges and authorizing a $2,000 one-time payment for Mid -Management positions. 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 RESOLUTION NO. 6966 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, AMENDING RESOLUTION NO. 6908 ESTABLISHING SALARY RANGES FOR EXECUTIVE MANAGEMENT POSITIONS RESOLUTION NO. 6967 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, AMENDING RESOLUTION NO. 6909 ESTABLISHING SALARY RANGES FOR MID -MANAGEMENT POSITIONS ORAL COMMUNICATIONS 90 ORAL COMMUNICATIONS Aidan Rezner, on behalf of Alzheimer OC, spoke regarding services provided by Alzheimer OC and programming at the Senior Center. Leo Medrano, Cypress, spoke regarding West County CERT training. Bob Youngsma, Cypress, spoke regarding architect costs, OCTA Settlement Agreement and park maintenance. Kyle Chang, Cypress, spoke regarding Housing Element community meeting. Glenn Button, Cypress, spoke regarding City budget and Housing Element community meetings. Broke Nafarrette, Cypress, spoke regarding Voice of OC article. COUNCIL MEMBER REPORTS FROM CITY -AFFILIATED BOARDS AND COMMITTEES AND REMARKS Council Member Marquez Attended a housing Community Open House meeting. Attended Brushing Aside Tobacco event hosted by Senator Josh Newman's office. Attended the MOMS Orange County gala event. Thanked Cypress Police Department for participating in the Special Olympics Law Enforcement Torch Run. Spoke regarding the California Voting Rights Act lawsuit. Council Member MaIlari: Attended meetings with Cypress School District, Anaheim Union High School District and Cypress College. Attended the memorial service for former Mayor Ana Piercy. Attended the Cypress Chamber of Commerce Business Awards Ceremony and congratulated Public Works Director, Doug Dancs on being presented the Exemplary Service award. Spoke regarding Housing Element ballot measure. Responded to comments made regarding the CVRA lawsuit. Council Member Burke: Attended grand opening event for Bafang Dumpling. Attended the Landell Elementary school carnival. Mayor Pro Tem Peat: Attended the Bafang Dumpling grand opening event. Spoke regarding the Citizen Academy. Attended Chamber of Commerce Business Awards Ceremony and congratulated the honorees. Spoke regarding CVRA lawsuit. Mayor Minikus: Spoke regarding CVRA lawsuit. Attended the Bafang Dumpling grand opening. Attended the Citizens Academy final session. Attended the memorial service for former Mayor Ana Piercy. Attended the Orange County Sanitation District Board of Directors meeting. Attended the Chamber of Commerce Business Awards Ceremony. COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION None. 91 CITY MANAGER REMARKS City Manager announced Concerts on the Green will run from June 21 through August 9. Announced the Salute to America event will be held at Cypress College on Friday, June 28. Stated the June 24 City Council meeting will include an overview of community engagement regarding an item that could potentially be on the November ballot. Spoke regarding the Chamber of Commerce Business Awards ceremony. Wished everyone a Happy Father's Day. The City Attorney provided clarification regarding comments made about the Closed Session item regarding employee group negotiations. ADJOURNMENT Mayor Minikus adjourned the Regular Meeting at 8:36 p.m. to an adjourned Regular Meeting, to be held on Monday, June 24, 2024, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: