AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 13, 2012

Public Hearings at 7:00 P.M.
Council Chambers
5275 Orange Avenue
Cypress, California

CALL TO ORDER    4:00 P.M.
Executive Board Room

ROLL CALL

MAYOR DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE

ORAL COMMUNICATIONS
The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, prior to any action taken on the Agenda.  No action may be taken on off-Agenda items except as authorized by law.  Speakers are requested to limit their comments to no more than three minutes each.

WORKSHOP SESSION

MEASURE D AND PROPOSED BALLOT INITIATIVE
(4:00 – 4:45 P.M.)                        

Recess the meeting to Closed Session.

CLOSED SESSION
Pursuant to California law, "a person may not disclose confidential information that has been acquired by being present in a closed session… to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information." (Gov. Code § 54963(a).) Any "[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information…; (2) disciplinary action against [a person] who has willfully disclosed confidential information….; [and/or] (3) referral of a member of a legislative body who has willfully disclosed confidential information... to a grand jury."  (Gov. Code § 54963(c).)

CITY OF CYPRESS ITEMS:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
City of Cerritos, et al. v. State of California, et al.
Case Number 34-2011-80000952
State of California Superior Court

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Cypress School District v. City of Cypress
Case Number 30-2011-00522871
Orange County Superior Court

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number 242-332-01, Located at 4545 Myra Avenue
Negotiating Party: City Manager and Director of Community Development
Under Negotiation: Price and Terms of Payment

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1)
Title:  City Manager

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED  LITIGATION
(Pursuant to Government Code Section 54956.9(b)(1) & (3)(A)
Number of Cases: One

RECONVENE
7:00 P.M.
Council Chambers

ROLL CALL

MAYOR DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE

PLEDGE OF ALLEGIANCE              

INVOCATION

REPORT OF WORKSHOP AGENDA/CLOSED SESSION

CITY MANAGER
CITY ATTORNEY

ORAL COMMUNICATIONS (LIMITED TO ONE-HALF HOUR)
The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, prior to any action taken on the Agenda.  No action may be taken on off-Agenda items except as authorized by law.  Speakers are requested to limit their comments to no more than three minutes each.

If you would like to address the City Council, please complete the white SPEAKER’S CARD.  The card is available at the speaker’s podium or from the City Clerk.  Please identify on the card your name, address, and the item on which you would like to speak, and return to the City Clerk.  The SPEAKER’S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized.  Your name will be called at the time the matter is heard by the Council.

PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

No items.

CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Council requests separate action on a specific item. Ordinances on the Consent Calendar should be read by title only prior to taking any action.

CONSENT CALENDAR (1 – 8)

1.   APPROVAL OF MINUTES - Meeting of January 23, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

2.   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

3.   DESIGN REVIEW COMMITTEE PERMIT NO. 2011-01, A REQUEST TO CONSTRUCT A STEALTH , IMITATION TREE DESIGN, ANTENNA FACILITY WITHIN THE EXISTING CHURCH PARKING LOT LOCATED AT 5100 CERRITOS AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.
Prepared by:  Kori Nevarez, Associate Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2011-01, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2011-01
- With Conditions.

4.  ACCEPTANCE OF AUTOMATIC LICENSE PLATE READER EQUIPMENT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve the acceptance of the License Plate Reader Equipment and three (3) year maintenance contract funded by the Urban Area Security Initiative (UASI) grant funds; and 2) Grant signature authority to the positions of City Manager, Finance Director, Police Chief, or Emergency Services Police Services Officer to obtain the FY 2010 Urban Area Security Initiative grant funds.

5.  FISCAL YEAR 2011-12 MID-YEAR BUDGET REVIEW.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the Fiscal Year 2011-12 Mid-Year Budget Review report.

6.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 20773 THROUGH 20977.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2011-12.

Recreation and Park District Matters:

7.  FISCAL YEAR 2011-12 MID-YEAR BUDGET REVIEW FOR THE CYPRESS RECREATION AND PARK DISTRICT.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, receive and file the Fiscal Year 2011-12 Mid-Year Budget Review report.

8.  ACCEPTANCE OF BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRAM.
Prepared by:  June Liu, Director of Recreation and Community Services

Recommended Action:  That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $5,000 from the Bandai Foundation via the Cypress Children’s Advocacy Council; and 2) Increase estimated revenue 3713-12 (Donations) by $5,000 and increase appropriations by $1,500 to 212-90310.4103_004 (Activity Supplies) and $3,500 to 212-90310.4104_015 (Activity Clothing) for the purchase of supplies, uniforms, and staff/coaches’ shirts.

END OF CONSENT CALENDAR

NEW BUSINESS (9)

9.  APPOINTMENTS TO OVERSIGHT BOARD.
Prepared by:  Ted Commerdinger, Director of Community Development

Recommended Action:  That the Mayor appoint the City’s Finance Manager and one member of the City Council to the Oversight Board.

RECREATION & PARK DISTRICT MATTERS (10)
The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors.

10.       APPOINTMENT TO OVERSIGHT BOARD.
Prepared by:  Ted Commerdinger, Director of Community Development

Recommended Action:  That the Recreation and Park District Board appoint one of its members to the Oversight Board.

SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS
The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency.

No items.

ORAL COMMUNICATIONS
The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council provided that no action may be taken on off-Agenda items unless authorized by law.  Speakers are requested to limit their comments to no more than five minutes each.

ITEMS FROM CITY COUNCIL MEMBERS
·Reports on Committee Assignments
·Other Items

ITEMS FROM CITY MANAGER

ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, February 27, 2012, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.  Dated this 8th day of February, 2012.

________________________________
Denise Basham, City Clerk

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, YOU SHOULD CONTACT THE OFFICE OF THE CITY CLERK AT (714) 229-6683.  NOTIFICATION BY NOON ON FRIDAY, FEBRUARY 10, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780