2024-10-14139
REGULAR MEETING
CYPRESS CITY COUNCIL
OCTOBER 14, 2024
5:30 PM — Closed Session
6:00 P.M. — General Session
A regular meeting of the Cypress City Council was called to order at 5:30 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 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
Mayor Minikus recessed the meeting at 5:31 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
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
Planning Director Alicia Velasco
Chief of Police Mark Lauderback
Acting Director of Public Works Nick Mangkalakiri
City Clerk Alisha Farnell
INVOCATION Pastor Mike McKay, Cypress Neighborhood Church, led the Invocation.
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PLEDGE OF ALLEGIANCE Mayor Scott Minikus led the Pledge of Allegiance.
REPORT OF CLOSED SESSION / WORKSHOP
The City Attorney reported that the City Council met in Closed Session regarding the item
listed on the Closed Session 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 from the item and exited the room. The
remaining City Council received an update, provided direction and no further reportable
action was taken.
PRESENTATIONS
The City Council presented the Police Department with a "Red Ribbon Week" Proclamation.
Community Outreach Officer Julie Marquez accepted the Proclamation on behalf of the
Police Department.
ORAL COMMUNICATIONS ON AGENDA ITEMS
Bob Youngsma, Cypress, spoke regarding Agenda Item No. 13.
Jose Trinidad Castaneda, Buena Park, spoke regarding Agenda Item No. 13.
Paul Kokkinos, Cypress, spoke regarding Agenda Item No. 13.
Marilyn Reams, Cypress, spoke regarding Agenda Item No. 14.
Pear Boelter, Cypress, spoke regarding Agenda Item No. 14.
Glenn Button, Cypress, spoke regarding Agenda Item No. 14.
Edwin Kreamer, Cypress, spoke regarding Agenda Items No. 2, 5, 13, and 14.
Brooke Nafarrete, Cypress, spoke regarding Agenda Item No. 14.
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 asked questions of staff regarding Item No. 5.
Council Member Burke spoke regarding Item No. 6.
A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Mallari, to
approve Consent Calendar items No. 1 through 11.
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: Approve Minutes — Meetings of August 26, September 6, September 9
and September 17, 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: Proclaim the Week of October 23-31, 2024 as Red Ribbon Week
Recommendation: Proclaim the week of October 23-31, 2024 as Red Ribbon Week.
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Item No. 4: Accept North Orange County Public Safety Collaborative Funds
Recommendation:
1. Accept $239,000 from the FY 2024-25 Board of State and Community Corrections funds
through the North Orange County Public Safety Collaborative; and
2. Appropriate $132,381 in the General Fund Grants fund from FY 2021-22 Board of State
and Community Corrections funds; and
3. Increase estimated revenues by $132,381 in the General Fund Grants Fund; and
4. Authorize the return of $150,000 to the North Orange County Public Safety Collaborative
of FY 2021-22 Board of State and Community Corrections allocations awarded for a
collaboration with the City of La Palma.
Item No. 5: Approve Final Parcel Map No. 2023-101 for 5757 Plaza Drive
Recommendation: Approve Final Parcel Map No. 2023-101 and the Subdivision
Improvement Agreement.
Item No. 6: Approve an Ordinance Lowering the Speed Limit on Crescent Avenue
Recommendation: Introduce the first reading of an Ordinance, by title only, amending
Chapter 16 of the Municipal Code lowering the speed limit from 45 to 40 miles per hour on
the following segments of Crescent Avenue:
1. From 240 feet west of Acacia Drive to 400 feet west of Moody Street; and
2. Between 1,300 feet west of Walker Street to 720 feet east of Walker Street.
Item No. 7: Accept the Residential Street Resurfacing, Project 349
Recommendation:
1. Accept the Residential Street Resurfacing, Project 349, in the amount of $1,084,358.89
and approve the final payment of $54,217.94 to R.J. Noble Company; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
Item No. 8: Award Contracts for City Hall and PD Roof Replacement, Project 393
Recommendation:
1. Award a contract to Rite -Way Roofing Corporation for $934,418.98, and authorize a
contingency of $140,000; and
2. Approve a Task Order for Construction Inspection Services to FCG Consultants Inc.,
for $49,794.08, and authorize a contingency of $7,400.
Item No. 9: Award Contract for the Street Sweeper Repairs
Recommendation:
. Authorize informal bidding for street sweeper repairs as permitted under Municipal Code
Section 21A -10(f); and
2. Award a contract to Los Angeles Truck Centers, LLC - LA Freightliner for $29,449.01 for
street sweeper repairs; and
3. Approve an appropriation increase of $29,450 in the Central Services Fund.
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Item No. 10: Approve an Appropriation Increase for Custodial Services
Recommendation:
1. Increase appropriations in the General Fund by $32,622 for custodial contract services;
and
2. Increase appropriations in the Central Services Fund by $7,800 for custodial contract
services.
Item No. 11: Approve a Contract Amendment and Task Order for the Business Parks
Modernization and Integration Project
1. Approve a $22,187 contract amendment with CASC Engineering and Consulting for
additional services to modernize and integrate the Business Park Specific Plans; and
2. Approve a $15,300 task order with LSA Associates for additional services needed to
prepare the Initial Study and Negative Declaration for the Business Parks
Modernization and Integration Project; and
3. Appropriate $37,487 of Pandemic Recovery Plan set -asides in the General Fund.
NEW BUSINESS
Item No. 12: Adopt the Strategic Plan and Six Month Objectives
The City Manager 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
adopt the strategic plan and six month objective with the addition of an objective to conduct
a workshop session with the City and Cypress Community Festival Association with a date
to be determined by City staff.
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 13: Receive and File a Settlement Agreement with Fortis LLP Pursuant to a
California Public Records Act Request and Approve a Resolution that Acknowledges
and Agrees that Council Member Frances Marquez Violated the Public Records Act
The City Attorney provided a report on this item.
Council Member Marquez spoke regarding this item.
City Council discussion ensued.
A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Mallari, to
receive and file a settlement agreement with Fortis LLP pursuant to a California Public
Records Act Request and Orange County Superior Court Case No. 30-2022-01277792-CU-
WM-CJC; and appropriate $12,627 from the General Fund undesignated fund balance to
pay Fortis LLP; and approve a Resolution that acknowledges and agrees that Frances
Marquez violated the Public Records Act and that Fortis LLP is the prevailing party in its
Petition to enforce its Public Records Act Request and had good cause for bringing its
Petition given Frances Marquez's ongoing failures to comply.
AYES: 3 COUNCIL MEMBERS: Mallari, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 2 COUNCIL MEMBERS: Burke and Marquez
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RESOLUTION NO. 6989
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A STATEMENT ABOUT COUNCIL MEMBER MARQUEZ'S
VIOLATION OF THE PUBLIC RECORDS ACT PURSUANT TO THE
SETTLEMENT AGREEMENT BETWEEN THE CITY OF CYPRESS,
FORTIS LLP AND COUNCIL MEMBER MARQUEZ RESOLVING THE
LAWSUIT FILED BY FORTIS LLP
ITEMS REMOVED FROM CONSENT CALENDAR
None.
ITEMS FROM CITY COUNCIL MEMBERS
Item No. 14: Approve a Resolution Supporting Proposition 36
Mayor Pro Tem Peat provided a report on this item.
City Council discussion ensued.
A motion was made by Mayor Pro Tem Peat, and seconded by Council Member Mallari, to
approve a Resolution supporting Proposition 36.
AYES: 4 COUNCIL MEMBERS: Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Burke
RESOLUTION NO. 6990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN
SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG
ADDICTION AND THEFT REDUCTION ACT
ORAL COMMUNICATIONS
Wanda Youngsma, Cypress, spoke regarding City Clerk not picking up papers from dais
and Mayor's conduct during City Council meeting.
Bob Youngsma, Cypress, spoke regarding Mayor's conduct during City Council meeting.
Paul Kokkinos, Cypress, spoke regarding hesitation with speaking at City Council meetings
for threat of retaliation.
Brooke Nafarrete, Cypress, spoke regarding Cypress Community Festival and a candidate
forum.
Beth Culver, Cypress, spoke regarding attacks on Council Members.
Jon Peat, Cypress, spoke regarding Council Member Marquez's email response to Fortis
LLP public records request.
Harumi Lucak, Cypress, spoke regarding Agenda Item No. 13 and Council Member
Marquez's comments during discussion of the item.
COUNCIL MEMBER REPORTS FROM CITY -AFFILIATED BOARDS AND COMMITTEES
AND REMARKS
Council Member Marquez:
Responded to public comments made regarding the Fortis LLP lawsuit.
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Council Member Burke:
No Report.
Council Member Mallari:
Congratulated the Cypress Community Festival Association and City staff on a great event.
Mayor Pro Tem Peat:
Attended State of the City events for the cities of Placentia and Buena Park. Attended OCFA
board meeting with Council Member Mallari. Attended tour of Arnold Cypress Park and
thanked residents who participated. Attended Cypress High School's field dedication.
Attended the Cypress Run. Participated in the Community Festival and thanked everyone
who attended. Attended OCFA Open House event.
Mayor Minikus:
Acknowledged the U.S. Navy's 248th birthday that took place on October 13, 2024. Attended
tour of Arnold Cypress Park. Participated in the coin toss for Cypress High School
Homecoming celebration. Attended Cypress High School track and field grand opening
ceremony. Participated in the Cypress Run. Attended the OC Sanitation District board
meeting. Participated in the Cypress Community Festival.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None.
CITY MANAGER REMARKS
Spoke regarding upcoming State of the City event and announced the kickoff of Cypress
University's Level Up program. Reminded residents about the Prayer Breakfast, Women's
Conference, and the City's first Halloween Decorating Contest.
ADJOURNMENT
Mayor Minikus adjourned the Regular Meeting at 8:35 p.m. to an adjourned Regular
Meeting, to be held on Monday, October 28, 2024, beginning at 5:30 p.m. in the Executive
Board Room.
ATTEST:
CITY LERK OF THE
CITY OF CYPRESS