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.
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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.
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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.
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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.
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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.
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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