Ordinance No. 1205153
ORDINANCE NO. 1205
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA
AMENDING ORDINANCE NO. 1203 AND SECTIONS 2-1 AND 2-2 OF
THE CYPRESS MUNICIPAL CODE RELATING TO THE CONDUCT OF
CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Cypress is authorized to establish rules of
conduct for its proceedings pursuant to Government Code section 36813; and
WHEREAS, on March 14, 2022, the City Council adopted Ordinance No. 1193
updating the rules of conduct and decorum, as well as the order of business of City Council
meetings; and
WHEREAS, the publishing company for the Cypress Municipal Code noted some
inconsistencies between Ordinance No. 1193 and Cypress Municipal Code Sections 2-1
and 2-2 and subsections thereunder; and
WHEREAS, on April 10, 2023, the City Council adopted Ordinance No. 1203 repealing
and replacing Ordinance 1193 and updating Sections 2-1 and 2-2 of the Cypress Municipal
Code relating to the conduct of City Council meetings; and
WHEREAS, on April 24, 2023, the City Council directed changes to Ordinance No.
1203 to further refine and update Section 2-2 and subsections thereunder of the Cypress
Municipal Code relating to the conduct of City Council meetings; and
WHEREAS, on July 10, 2023, the City Council directed changes to Section 2-2.9 of
the Cypress Municipal Code relating to the order of business of City Council meetings,
specifically changing the title of the final period of Oral Communications; and
WHEREAS, by adoption of this Ordinance, the City Council wishes to amend
Ordinance No. 1203 and Cypress Municipal Code Sections 2-1 and 2-2 and subsections
thereunder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
Section 1. Amendments to Ordinance No. 1203 and Chapter 2. Sections 2-1 and
2-2, including all subsections thereunder, of the Cypress Municipal Code shall be amended
in their entirety to read as follows:
2-1. City council meetings—Time of regular meetings.
The city council shall hold regular meetings at 5:30 p.m., on the second
and fourth Mondays of each month. Said meetings shall be adjourned no later than
11:30 p.m., unless the majority of the council waives said adjournment time.
2-2. Same—Place.
Meetings of the city council shall be held at 5275 Orange Avenue,
Cypress, or at such other locations as the city council may specify.
2-2.0. Definitions pertaining to open meeting compliance.
For the purposes of this chapter, the definitions of "legislative body,"
"regular meeting," and "special meeting" as set forth in Section 54950 et seq.
of the Government Code of the State of California shall apply.
2-2.1. Special meetings, call.
As permitted by state law, a special meeting may be called at any time
by the presiding officer of the legislative body, or by a majority of the members
of the legislative body, by delivering written notice to each member of the
legislative body, posting on the city's website. The notice shall be delivered
personally or by any other means and shall be received at least twenty-four
(24) hours before the time of the meeting as specified in the notice. The call
and notice shall specify the time and place of the special meeting and the
business to be transacted or discussed. No other business shall be considered
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at these meetings by the legislative body. The written notice may be dispensed
with as to any member who at or prior to the time of the meeting convenes files
with the clerk or secretary of the legislative body a written waiver of notice. The
waiver may be given in writing by electronic communication. The written notice
may be dispensed with as to any member who is actually present at the meeting
at the time it convenes. Notice shall be required pursuant to this section
regardless of whether any action is taken at the special meeting. The call and
notice shall be posted at least twenty-four (24) hours prior to the special
meeting in a location that is freely accessible to members of the public.
2-2.2. Same—Adjourned meetings.
Any regular or adjourned regular or special meeting may be adjourned
to a time certain but not beyond the next regular meeting date.
2-2.3. Same—Notice.
Notice shall be given of all meetings as required by state law.
2-2.4. Same - Agenda.
a) The city clerk shall prepare an agenda of the council proceedings,
which agenda shall be prepared in accordance with the order of
business, and shall furnish each member of the council, the
mayor, the city manager and city attorney with a copy of the same
not less than seventy-two (72) hours prior to each regular meeting
and not less than twenty-four (24) hours prior to each special
meeting. Any council member wishing to add an item on the
agenda shall adhere to the city council's adopted process for
council members adding items to the agenda, as may be
amended by the council from time -to -time. Matters that are not
listed on the agenda shall not be presented to the council, except
matters of an urgent or emergency nature presented by the city
manager as provided by Government Code Section 54954.2.
b) In the case of an emergency situation involving matters upon
which prompt action is necessary due to the disruption or
threatened disruption of public facilities, a legislative body,
including the city council, may hold an emergency meeting
without complying with either the twenty -four-hour notice
requirement or the twenty -four-hour posting requirement of
Government Code Section 54956 or both the notice and posting
requirement. Meetings held in such emergency situations shall
comply with Government Code Section 54956.5.
c) The council may take action on any item of business not
appearing on the agenda pursuant to the provisions of
Government Code 54954.2.
2-2.4.1. Enforcement.
The provisions of this chapter shall be enforceable pursuant to the
provisions of Government Code Sections 54960 through 54960.5, as said
sections may be amended.
2-2.5. Same – Presiding Officer.
The mayor shall preside at the meetings of the council and shall maintain
order and decorum at all regular and special meetings of the council. The mayor
shall state every question coming before the council, announce the decision of
the council on all subjects, except where the city clerk makes such
announcement, and decide all questions of order subject however to an appeal
to the council in which event a majority vote of the council shall govern and
conclusively determine such question of order.
2-2.6. City council meetings – Call to order; temporary
chairperson.
The mayor, or in his/her absence the mayor pro tempore, shall take the
chair precisely at the hour appointed for the meeting, and shall immediately call
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the council to order. In the absence of the mayor or mayor pro tempore, the city
clerk shall call the council meeting to order, whereupon a temporary chair shall
be elected by the council members present. Upon the arrival of the mayor or
mayor pro tempore, the temporary chair shall immediately relinquish the chair
upon the conclusion of the business immediately before the council.
2-2.7. Same –Roll call.
Before proceeding with the business of the council, the city clerk shall
call the roll of the council members and the names of those present shall be
entered in the minutes.
2-2.8. Same – Quorum.
A majority of the council constitutes a quorum for the transaction of
business, but a lesser number may adjourn from time to time and may cancel
the meeting by a notice. The city clerk may also notice the adjournment or
cancellation of a meeting for lack of a quorum.
2-2.9. Same – Order of business.
All meetings of the council shall be open to the public. Promptly at the
hour set by law on the day of each regular meeting, the council members, city
manager, city clerk and the city attorney shall take their assigned stations in
the council chambers and the business of the council shall be taken up for
consideration and disposition in the following order, unless otherwise changed
by resolution of the council.
1. Call to order
2. Roll call
3. Oral communications on closed session/workshop items
4. Closed session; workshop
5. Presentations
6. Oral communications on agenda items
7. Consent calendar; minutes
8. Public hearings
9. New business
10. Items removed from consent calendar
11. Continued items
12. Items from council members
13. Oral communications
14. Council member reports from city -affiliated boards and committees, and
remarks
15. Council member items for future consideration
16. City manager reports
17. Adjournment
2-2.10. Same—Approved minutes as official record of proceedings.
a) Approval of minutes. Unless the reading of the minutes of a
council meeting is requested by council member, such minutes
may be approved without reading if the city clerk has previously
furnished each member with a copy thereof. Minutes shall be
approved by voice or roll call vote.
b) Designated as official record. The approved written minutes
constitute the official record of council proceedings and actions
and are superior to any other record, recordation, document,
transcript, audio recording, video recording, or other memorial or
writing of said proceedings and action. Any other recordings and
records of council proceedings which may be deemed duplicate
records shall be kept only as required by Government Code
Section 34090.7 and the council's records retention policy. Audio
and video recordings of council proceedings may only be
destroyed with council authorization.
c) Subsections (a) and (b) shall apply to the minutes of the
meetings of any city board, commission, committee, task force,
or agency after the board, commission, committee, task force, or
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agency and the council have approved the same.
d) The provisions of this section shall apply to all minutes and
recordings which have been approved by the body conducting the
meeting and by the council.
2-2.11. Council meetings—Rules of debate.
a) Presiding officer may debate and vote. The mayor, or in his/her
absence, such other council member as may be presiding may
move, second and debate from the chair, subject only to such
limitations of debate per these rules imposed on all council
members and shall not be deprived of any of the rights and
privileges of a council member by reason of his/her acting as the
presiding officer.
b) Getting the floor. Every council member desiring to speak shall
do so only when recognized by the presiding officer and confine
him/herself to the question under debate.
c) Interruptions. A council member, once recognized, shall not be
interrupted when speaking unless it be to call him/her to order, or
as herein otherwise provided. If a council member, while
speaking, is called to order, he/she shall cease speaking until the
question of order is determined.
d) Remarks of council member - When entered in minutes. Any
council member may request, through the presiding officer, the
privilege of having a written abstract of his/her statement on any
subject under consideration by the city council entered in the
minutes. If the city council consents thereto, such statement shall
be entered in the minutes.
e) Motion to reconsider. A motion to reconsider any action taken by
the council may be made only on the day such action was taken.
It may be made either immediately during the same session or at
a recessed or adjourned session thereof. Such motion must be
made by one on the prevailing side, but may be seconded by any
council member and may be made at any time and have
precedence over all other motions or, while a council member has
the floor, it shall be debatable.
f) Rules of order. Except as otherwise provided in this chapter
"Robert's Rules of Order", as revised and updated from time -to -
time, shall govern the conduct of the meetings of the council.
2-2.12. Same—Addressing City Council—Generally.
a) Opportunity to address legislative body. Every agenda for
regular meetings of any legislative body, including the city
council, of the City of Cypress shall provide an opportunity for
members of the public to directly address the legislative body on
items of interest to the public that are within the subject matter
jurisdiction of the legislative body, provided that no action shall
be taken on any item not appearing on the agenda unless the
action is otherwise authorized by Government Code Section
54954.(b). The legislative body may adopt reasonable
regulations to ensure that the intent of this section is carried out,
including, but not limited to, regulations limiting the total amount
of time allocated for public testimony on particular issues and for
each individual speaker. The rules pertaining to addressing the
council shall also apply equally to all city board, commission,
committee, task force, or agency after the board, commission,
committee, task force, or agency created by the council.
b) Oral communications. Each member of the public addressing
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the council in person shall use the microphone in front of the
podium or if addressing the council virtually, the microphone on
their device, give his/her name and city of residence in an audible
tone of voice for the record and, unless further time is granted by
the council, shall limit his/her remarks to the time allotted on the
agenda for public comments. Members of the public may
address the council by oral communications on any matter over
which the council has control; provided, however, that preference
shall be given to those persons who may have notified the city
clerk in advance of their desire to speak in order that the same
may appear on the agenda of the city council. All remarks shall
be addressed to the legislative body as a body and not to an
individual council member. Although council members may
provide brief responses, the city council may not discuss or take
action on items that are not on its agenda. In discussion of any
issue before the council, members of the public must confine
themselves to the question before the council.
c) Spokesperson for group of persons. Whenever any group of
persons wishes to address the council on the same subject
matter, the presiding officer may request that a spokesperson be
chosen by the group to address the council, and in case
additional matters are to be presented at the time by any other
member of said group, to limit the number of persons so
addressing the council so as to avoid unnecessary repetition
before the council.
d) Written communications. Interested parties or their authorized
representatives may address the council by written
communications in regard to matters then under discussion.
e) Public hearings and protests. Interested persons or their
authorized representatives may address the council by reading
of protests, petitions, or communications relating to zoning,
sewer, and street proceedings, hearings on protests, appeals,
and petitions, or similar matters in regard to matters then under
consideration.
2-2.13. Same—Same—After motion made.
After a motion is made by the council, no person shall address the
council without first securing the permission of the Presiding Officer.
2-2.14. Reserved.
2-2.15. Council meetings—Decorum.
a) By council members.
1. Conduct. While the council is in session, the council
members must preserve order and decorum, and a
council member shall neither by conversation, by the
utterance of loud, threatening, profane or abusive
language, or by engaging in any other disorderly conduct
at any council meeting, delay or interrupt the council
proceedings. A council member's persistence in
discussing an agenda item or any other matter before the
council after the matter has been called to a vote, shall
constitute a violation of this subsection. Council members
shall obey the orders of the council or the presiding officer.
The following rules shall be obeyed:
i. Council members shall keep any remarks clear,
concise and on -topic.
ii. When there are differences of opinion, council
members shall focus on debating the facts of the
situation and avoid personalities. Council members
should seek to build on the ideas of others and look
for common ground.
iii. Council members shall be prepared at council
meetings, including by reading their agendas with
enough time to ask questions prior to the council
meeting. Every effort will be made to ask questions
before the council meeting so that the city manager
or the city attorney, as applicable, has ample time
to research the question before the council meeting.
iv. Council members shall base their decisions on the
merits and substance of the matter at hand, rather
than on unrelated considerations.
2. Censure. A violation of these rules of decorum or the
adopted civility, conduct and governance policy by a
council member shall be subject to the below enforcement
provisions. Any council member may make a motion for
a vote to censure or for a vote for removal or ejection as
set forth herein.
i. Resolution of censure. Any council member who
reasonably believes that another council member
is violating these rules of decorum or the adopted
civility, conduct and governance policy shall be
allowed to request an agenda item be presented, in
accordance with the procedures for requesting
future agenda items, calling for staff to bring back a
draft resolution of censure by identifying the council
member, and that council member's speech,
actions or behavior, that he/she believes constitutes
such violation. Once approved to be presented to
the council for consideration, the resolution of
censure may be approved by a majority of the
council and may contain the penalties described
below. Upon such motion, all council members
present shall immediately vote on the motion and
state whether they agree that the identified speech,
actions or behavior constitutes a violation and
justifies a vote of censure. If a majority of the council
members present a vote for censure, then that vote
shall be duly noted by the city clerk and the subject
of that vote shall have two (2) minutes to make a
rebuttal stating why the vote should be overturned.
After such rebuttal, any council member shall be
entitled to make a motion to overturn the vote of
censure. If such motion is approved by a majority
vote of those council members present, then the city
clerk shall remove such censure from the record.
Motions to overturn a vote of censure may only be
made at the meeting at which the vote of censure
was made. This subsection contemplates no other
administrative remedy to a vote of censure other
than the two (2) minute rebuttal. If not so
overturned, the resolution of censure shall be
adopted.
ii. Fines for censure. Any council member who is
censured by the City Council may be subject to a one
hundred dollar ($100.00) fine per censure. Such
fine(s) shall be paid to the city clerk within thirty (30)
days of the date imposed. Failure to pay such fine(s)
within sixty (60) days shall give rise to a civil action
by the city for collection, or shall be deducted or
offset from the council member's compensation or
per them entitlements.
iii. Revocation of special privileges. Any council member
who is censured by the council shall be subject to
revocation of his/her committee assignments,
regional boards and commissions, and community -
generated board/committee appointments;
suspension of official travel, conference participation,
access to a city credit card, council salary, stipends,
and ceremonial titles.
iv. Removal. Any council member who is censured by a
majority of the council during a council meeting, in
addition to the attendant fines, shall also be subject
to a vote, upon motion by any council member, by a
majority of the council present, to remove such
offender from the council meeting. If a majority of the
council votes for removal, then the subject of that vote
shall have two (2) minutes to make a rebuttal stating
why the vote should be overturned. After such
rebuttal any council member shall be entitled to make
a motion to overturn the vote to remove. If such
motion is approved by a majority vote of those council
members present, then the city clerk shall remove
such vote from the record. If the vote to remove is not
overturned, then such vote shall remain part of the
administrative record and resolution of censure.
Motions to overturn a vote of removal may only be
made at the meeting at which the vote of removal was
made. If the offending council member does not leave
voluntarily, the presiding officer may order any law
enforcement officer who is on duty at the council
meeting as sergeant at arms to remove the offender
from the council chambers. It shall be the duty of any
law enforcement officer who is serving as sergeant at
arms at the council meeting to carry out all orders and
instructions given by the presiding officer for the
purpose of maintaining order and decorum, including
the removal of disruptive council members and/or
members of the public.
v. Resisting removal; penalty. Any council member or
member of the public who resists removal by the
sergeant at arms shall be guilty of a misdemeanor.
3. Motion to enforce. If the presiding officer fails to enforce
the rules set forth above, any council member may move
to require the presiding officer to do so, and an affirmative
vote of a majority of the council shall mandate such action.
If the presiding officer fails to carry out the will of a majority
of the council the majority may designate another council
member to act as the presiding officer for the limited
purpose of enforcing any provision of this subsection
which it desires to enforce.
b) By other persons. Any person making personal, impertinent or
slanderous remarks or who shall become boisterous while
addressing the council shall be forthwith, by directive of the
presiding officer, be barred from further audience at said meeting
before the council unless permission to continue is granted by a
majority vote of the council.
2-2.16. Same — Same — Enforcement.
The Chief of Police or such member or members of the Police
Department as he/she may designate shall be Sergeant -at -Arms of the
Council meetings. He/she shall carry out all orders and instructions given by
the Presiding Officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instructions of the Presiding Officer, it shall be the duty
of the Sergeant -at -Arms or designee to place any person who violates the
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order and decorum of the meeting under arrest, and cause him/her to be
prosecuted under the provisions of this Code or state law.
2-2.17 Same—Entering protest of city council action in minutes.
Any member at his request shall have the right to have the reasons for
his dissent from or protest against any action of the council entered on the
minutes.
2-2.18. Same—Ordinances, resolutions, motions and contracts.
a) Preparation of ordinances. All ordinances shall be prepared by the city
attorney. No ordinance shall be prepared for presentation to the council unless
ordered by a majority vote of the council or requested in writing by any member
of the council, the presiding officer or the city manager or prepared by the city
attorney on his own initiative.
b) Prior approval by administrative staff. All ordinances, resolutions and contract
documents shall, before presentation to the council, have been approved as
to form and legality by the city attorney or his authorized representative and
shall have been examined and approved for the administration by the city
manager or his authorized representative where there are substantive matters
of administration involved.
c) Introducing for passage or approval. Ordinances, resolutions and other
matters or subjects requiring action by the council must be introduced and
sponsored by a member of the council, except that the mayor, city manager or
city attorney may present ordinances, resolutions and other matters of
subjects to the council, and any council member may assume sponsorship
thereof by moving that such ordinances, resolutions, matters or subjects be
adopted; otherwise, they shall not be considered.
2-2.19. Same—Voting—Roll call vote.
A roll call vote shall be taken upon the passage of all ordinances and
resolutions and be entered upon the journal of the proceedings of the council.
Upon request of any member, a roll call vote shall be taken and recorded on
any vote. Whenever a recorded or roll call vote of the council is in order, the
city clerk shall call the names of the members in alphabetical order, except that
the name of the presiding officer shall be called last.
2-2.20. Same—Same—Disqualification and abstention.
No city council member shall be permitted to disqualify him/herself if
such disqualification results in a tied vote unless such disqualification shall
have been approved by the city attorney or by vote of the remainder of the
council. Unexcused disqualification and abstentions shall be counted by the
city clerk as a vote in favor of the particular motion.
2-2.21. Same—Motion to adjourn.
A motion to adjourn shall always be in order and decided without debate.
2-2.22. Same—Code of ethics.
The following principles shall constitute the Cypress code of ethics,
applicable to all council members. Council members, upon the adoption of this
ordinance or upon entering office, shall sign a statement affirming they read
and understood the code of ethics. In addition, this code of ethics shall be
periodically reviewed and updated by the council.
a) Act in the public interest. Recognizing that stewardship of the public
interest must be their primary concern, council members will work for the
common good of the community and not for any private or personal
interest, and they will assure fair and equal treatment of all persons, claims
and transactions coming before the council.
b) Comply with the law. Council members shall comply with the laws of the
nation, the State of California and the City of Cypress in the performance
of their public duties. These laws include, but are not limited to: the United
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States and California Constitutions; the Charter; the Municipal Code; laws
pertaining to conflicts of interest, election campaigns, financial disclosures,
employer responsibilities, and open processes of government. Council
members shall also comply with all applicable city policies and procedures.
c) Conduct of council members. The professional and personal conduct of
council members must be above reproach and should avoid even the
appearance of impropriety. Council members shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives
of other council members, city staff or public.
d) Respect for process. Council members shall perform their duties in
accordance with the processes and rules of order established by the
council governing the deliberation of public policy issues, meaningful
involvement of the public, and implementation of policy decisions of the
council by city staff.
e) Incompatible employment. No council member shall engage in or accept
private employment, or render services for private interests, when such
employment or service is incompatible with the proper discharge of his/her
official duties or would tend to impair his/her independence of judgment or
action in the performance of his/her official duties.
f) Use of public property. No council member shall request or permit the use
of city owned vehicles, equipment, materials or property for personal
convenience or profit, except when such services are available to the
public generally, and in the same manner as available to the public, or are
provided as city policy for the use of such official in the conduct of official
business. No official shall use the time of any city employee during working
hours for personal purposes.
g) Contracts with city. Council members shall not have a financial interest in
any business transaction, or contract with the city, or in the sale of real
estate, materials, supplies or services to the city, except as permitted in
the conflict of interest statutes of the state.
h) Disclosure of interest in legislation. A council member who has a financial
or other private interest in any legislation shall disclose on the records of
the city council or other appropriate authority the nature and extent of such
interest.
i) Conflict of interest. In order to assure their independence and impartiality
on behalf of the common good, council members shall not use their official
positions to influence government decisions in which they have a material
financial interest. In accordance with the law, council members shall
disclose investments, interests in real property, sources of income and
gifts; and abstain from participating in deliberations and decision-making
where conflicts, as determined under applicable laws, may exist. Council
members should endeavor to consult with the city attorney before any
council meeting to allow an evaluation by the city attorney of any potential
conflict.
j) Confidential information. Council members shall respect the confidentiality
of information concerning the property, personnel or affairs of the city. They
shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal, financial
or other private interests.
k) Advocacy. When representing the city while serving on or appearing
before other government agencies or in court, council members shall
represent the official policies or positions of the council to the best of their
ability when designated as delegates for this purpose. When representing
the city while serving on or appearing before other government agencies
or in court, council members shall advocate policies that are in the best
interest of the city over their own personal interests. When presenting their
individual opinions and positions, council members shall explicitly state
they do not represent the council or the city, and shall not allow the
inference that they do.
1) Positive workplace environment. Council members shall support positive
and constructive workplace environment for city employees and for
citizens and businesses dealing with the city. Council members shall
recognize their special role in dealings with city employees not provide
direction to city staff in violation of the city charter.
2-2.22.1. Vacancy on commissions upon filing of nomination
papers for city council.
Whenever a member of the recreation and community services
commission, senior citizens commission, traffic commission, or any other board
or commission officially adopted by ordinance of the city council, as the case
may be, is nominated for the office of city council by the filing of nomination
papers designating such person as a candidate for the office of city council, the
office of such person so nominated on the recreation and community services
commission, senior citizens commission, traffic commission or any board or
commission officially adopted by ordinance of the city council, as the case may
be, shall be immediately and automatically rendered vacant and the city clerk
shall immediately notify the city council of that fact, and the vacancy may be
filled in the manner provided by law.
2-2.23. City council to serve as planning commission.
The city council hereby is designated as the planning commission of
the City of Cypress. Except as otherwise provided for by resolution of the city
council, any meeting of the city council shall also be deeded to be a meeting of
the planning commission.
Section 3. Effective date. This Ordinance shall become effective thirty (30) days from
its adoption.
Section 4. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be published and posted pursuant
to the provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at
a regular meeting held on the 25 day of September, 2023.
OLZV�
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY 6�tRK OF THEI CITY Y OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
1, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 25 day of September, 2023, by the following roll call vote:
AYES: Burke, Peat, Minikus and Mallari
Marquez
None
4
COUNCIL MEMBERS:
NOES:
1
COUNCIL MEMBERS:
ABSENT:
0
COUNCIL MEMBERS:
CITY CLERK OF THE CITY OF CYPRESS