AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 11, 2012

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

CALL TO ORDER      

5:00 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

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 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
Under Negotiation: Price and Terms of Payment

CITY OF CYPRESS/SUCCESSOR AGENCY ITEMS:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c).)
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 (1 – 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

1. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2012-13 BUDGET 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 of the Cypress Recreation and Park District, adopt the District Budget as proposed for the fiscal year beginning July 1, 2012 after the conclusion of the public hearing.

2. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2012-13 THROUGH FISCAL YEAR 2018-19 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT.
Prepared by:  Kamran Dadbeh, Assistant City Engineer

Recommended Action:  That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City’s proposed Fiscal Year 2012-13 through Fiscal Year 2018-19 Capital Improvement Program (CIP); and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for Fiscal Year 2012-13 through Fiscal Year 2018-19.

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 (3 – 18)

3.  APPROVAL OF MINUTES - Meetings of May 22 and May 29, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

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

5.   CONFIRMATION OF APPOINTMENTS TO FILL FOUR COMMISSIONER VACANCIES.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council confirm the appointments of four (4) Commissioners, each serving four-year terms, effective
July 1, 2012.

6.   IMPLEMENTATION OF THE PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP).
Prepared by:  Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council implement the Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP).

7.  AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE PERMIT NO. 2004-04, A REQUEST TO MODIFY AND EXPAND AN EXISTING STEALTH, ROOF-MOUNTED ANTENNA FACILITY LOCATED AT 6101 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE.
Prepared by:  Kori Nevarez, Associate Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Amendment No. 2 to Design Review Committee Permit No. 2004-04, subject to the amended conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Amendment No. 2 to Design Review Committee
Permit No. 2004-04 – With Conditions.

8.  AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT/ENGINEERING SUPPORT/TESTING AND INSPECTION SERVICES.
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Construction  Management/Engineering Support/Testing and Inspection Services to Vali Cooper and Associates, Inc. (VC&A), Santa Ana, California; and 2) Award a Professional Contract Services Agreement for On-Call Construction Management/Engineering Support/Testing and Inspection Services to AKM Consulting Engineers, Inc. (AKM), Irvine, California; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.

9. APPROVAL OF THE CITY ENGINEER’S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL. PUBLIC WORKS PROJECT NO. 8615-90.
Prepared by:  Bobby Blackburn, Public Works Superintendent

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving the City Engineer’s Report and establishing a public hearing for July 23, 2012, declaring the City Council’s intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel.

A Resolution of the City Council of the City of Cypress,
Approving the City Engineer’s Report Dated June 11, 2012,
in Connection with the Renewal of Cypress Corporate
Center Landscape Maintenance District No. 1.

A Resolution of the City Council of the City of Cypress,
California, Declaring Its Intention to Order the Renewal
of Cypress Corporate Center Landscape Maintenance
District No. 1 for Fiscal Year 2012-13, Pursuant to the
Landscaping and Lighting Act of 1972, and Fixing a
Time and Place for Hearing Objections Thereto.

10.  ACCEPTANCE OF THE LEFT TURN SIGNAL MODIFICATION ON VALLEY VIEW STREET AT ORANGEWOOD AVENUE AND FRED DRIVE, PUBLIC WORKS PROJECT NO. 2010-10.
Prepared by:  Keith Carter, Associate Engineer/Traffic

Recommended Action:  That the City Council: 1) Accept the Left Turn Signal Modification on Valley View Street at Orangewood Avenue and Fred Drive, Public Works Project No. 2010-10, as being satisfactorily completed in conformance with the project specifications, in the final amount of $91,933.45; and 2) Approve the final retention payment of $9,193.34 to California Professional Engineering Inc., La Puente, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been field; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

11.  APPROVAL OF PLANS AND SPECIFICATIONS FOR THE FIBER OPTIC INSTALLATION AND UPGRADE OF THE CCTV SYSTEM ON LINCOLN/MOODY/WALKER/ORANGE (PHASE 3), PUBLIC WORKS PROJECT NO. 2011-11.
Prepared by:  Keith Carter, Associate Engineer/Traffic

Recommended Action:  That the City Council approve the plans and specifications for the Fiber Optic Installation and Upgrade of the CCTV System on Lincoln/Moody/Walker/Orange (Phase 3), Public Works Project No. 2011-11.

12.  APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF DIGITAL AUDIO RECORDERS AND RELATED COMPUTER SOFTWARE.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve the appropriation of $29,497 to account number 721-95300.4305_200 (Equipment – Police) from the Equipment Replacement Fund (721) fund balance for the purchase of seventy (70) digital audio recorders and related computer software; and 2) Approve a transfer in the amount of $29,497 from the unreserved fund balance of the Narcotics Asset Seizure Fund (281-99999.4501_721) to the Equipment Replacement Fund (721-99999.3901_281) to fund a portion of the digital audio recorders and related computer software purchase; and 3) Award a contract to Versatile Information Products, Inc., 3630 Park Sierra Drive, Riverside, CA 92505, in the amount of $41,497 for the purchase of seventy (70) digital audio recorders and related computer software; and 4) Make a finding, pursuant to Cypress Municipal Code § 21A-10(f), that it is in the best interest of the City to dispense with bidding of this purchase because, pursuant to Cypress Municipal Code § 21A-18, there exists a situation where procurement of this digital audio recorder and related computer software is obtainable only from Versatile Information Products, Inc. for its proprietary software and hardware that meet evidentiary requirements.

13.  APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF ORANGE FOR PUBLIC SAFETY REALIGNMENT AND POST-RELEASE COMMUNITY SUPERVISION ENHANCED LAW ENFORCEMENT OVERTIME SERVICES.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve a Memorandum of Understanding (M.O.U.) with the County of Orange for the period that began on October 1, 2011, and will expire on June 30, 2012, authorizing the City of Cypress to receive reimbursement when assisting probation in supervising individuals released pursuant to AB 109; and 2) Grant signature authority to the positions of City Manager, Finance Director, or Police Chief to execute such application(s) as may be necessary to obtain reimbursement of overtime services rendered by Cypress Police Department personnel assigned to perform services under this M.O.U. for Fiscal Year 2011-2012 and subsequent years.

14.  RESOLUTION ESTABLISHING THE CITY OF CYPRESS’ FISCAL YEAR 2012-13 APPROPRIATION LIMIT.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, establishing the City’s Fiscal Year 2012-13 appropriation limit.

A Resolution of the City Council of the City of Cypress,
Establishing the City’s Appropriation Limit for the
2012-13 Fiscal Year.

15. ADOPTION OF THE FISCAL YEAR 2012-13 BUDGET FOR THE CITY OF CYPRESS.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving the City’s annual budget for the fiscal year beginning July 1, 2012.

A Resolution of the City Council of the City of Cypress,
Approving the Annual Budget for the Fiscal Year
Commencing July 1, 2012 and Fixing the Limitations
of Expenditures for the Several Funds and the
Functions, Departments, and Activities Carried on
Under Such Funds.

16.  ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY.
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 of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, regarding the adoption of the Annual Statement of Investment Policy.

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.

17.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 22252 THROUGH 22410.
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:

18.  RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT’S FISCAL YEAR 2012-13 APPROPRIATION LIMIT.
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 of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing the District’s Fiscal Year 2012-13 appropriation limit.

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 Appropriation Limit for the 2012-13
Fiscal Year.

END OF CONSENT CALENDAR

NEW BUSINESS

No items.

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

No items.

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, June 25, 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 6th day of June, 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, JUNE 8, 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