AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 25, 2012

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

CALL TO ORDER      

6:00 P.M.
Council Chambers

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.

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 Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle
Party Negotiating With:  Lewis Operating Corporation
Negotiating Party: City Manager and Director of Public Works
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators:  John B. Bahorski and Richard Storey
Employee Groups:
Police Management Association
Mid-Management
Non-Represented

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

PRESENTATIONS                            

PRESENTATION OF CERTIFICATES TO OUTGOING CITY COMMISSIONERS
Recreation and Community Services Commission
Carlos Ramirez
Senior Citizens Commission
Nancy Shaw

PRESENTATION OF CERTIFICATES OF APPOINTMENT TO ALL NEWLY-APPOINTED COMMISSIONERS AND ADMINISTER LOYALTY OATH OF OFFICE
Recreation and Community Services Commission
Senior Citizens Commission

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 – 13)

1.   APPROVAL OF MINUTES - Meeting of June 11, 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.  PROCLAIMING THE MONTH OF JULY 2012 AS “PARKS AND RECREATION MONTH” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim the month of July 2012 as “Parks and Recreation Month” in the City of Cypress.

4.  ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code.

A Resolution of the City Council of the City of Cypress,
California, Calling and Giving Notice of the Holding of a
General Municipal Election to be Held on Tuesday,
November 6, 2012, for the Election of Certain Officers
as Required by the Provisions of the City Charter.

A Resolution of the City Council of the City of Cypress,
California, Requesting the Board of Supervisors of the
County of Orange to Consolidate a General Municipal
Election to be Held on November 6, 2012, with the
Statewide General Election to be Held on the Same
Date Pursuant to Section 10403 of the Elections Code.

5.   APPROVAL OF FINAL TRACT MAP NO. 17421. PROPERTY LOCATED AT MOODY STREET AND ORANGE AVENUE.
Prepared by:  Dario Simoes, Associate Engineer

Recommended Action:  That the City Council approval Final Tract Map No. 17421 and authorize the City Clerk to sign the record map.

6.   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72.
Prepared by:  Dario Simoes, Associate Engineer

Recommended Action:  That the City Council: 1) Award a contract for the 2011/12 Slurry Seal Project, Public Works Project No. 72, in the amount of $1,718,449, to the lowest responsible bidder All American Asphalt, Corona, California; authorize a contingency of $257,768 (15% of Bid Amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $173,150, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2011/12 Slurry Seal Project, Public Works Project No. 72, to Vali Cooper and Associates, Inc. (Vali Cooper); authorize a contingency of $25,973 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

7.  AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT/ENGINEERING SUPPORT/TESTING AND INSPECTION SERVICES FOR THE MYRA AVENUE STORM DRAIN (SD2) PROJECT, PUBLIC WORKS PROJECT NO. 84.
Prepared by:  Dario Simoes, Associate Engineer

Recommended Action:  That the City Council: 1) Award a contract for the Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, in the amount of $3,473,099, to the lowest responsible bidder Palp Inc., DBA Excel Paving Co., Long Beach, California; authorize a contingency of $520,965 (15% of Bid Amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $274,382, within the existing on-call agreement for Construction Management/Engineering Support/Testing and Inspection Services, for Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, to AKM Consulting Engineers (AKM); authorize a contingency of $41,158 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

8.  APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF THE TASER X26 AND TASER CARTRIDGES.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve the appropriation of $31,256 to account number 281-50179.4113 (Small Tools and Equipment) from the Narcotics Asset Seizure Fund (281) fund balance for the purchase of thirty-three (33) TASER X26 Electronic Control Devices (ECD) and one-hundred (100) TASER cartridges; and 2) Award a contract to TASER International, Inc., 17800 N. 85th Street, Scottsdale, AZ 85255, in the amount of $31,256 for the purchase of thirty-three (33) TASER X26 Electronic Control Devices and one-hundred (100) TASER cartridges; and 3) 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 the TASER X26 and TASER cartridges are obtainable only from TASER International, Inc. for its proprietary software and hardware that meet system requirements.

9.  APPROVAL OF AN AGREEMENT TO PARTICIPATE IN ALERTOC – A COUNTYWIDE, EMERGENCY PUBLIC MASS NOTIFICATION SYSTEM.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve an agreement with the County of Orange for the period of July 1, 2012 to June 30, 2013, authorizing the City of Cypress to utilize the County’s Mass Notification System, known as AlertOC; and 2) Grant authority to the positions of City Manager, Finance Director or Police Chief for and on behalf of the City of Cypress to annually execute the agreement with the County as it approaches the renewal date.

10.  ADOPTION OF A RESOLUTION AMENDING THE PART-TIME PAY SCHEDULE TO INCLUDE DEPARTMENT DIRECTOR (TEMPORARY PART-TIME).
Prepared by:  Cathy Thompson, Human Resources Manager

Recommended Action:  That the City Council and acting as Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, amending Resolution No. 6045 to include the classification of Department Director (Temporary Part-Time).

A Resolution of the City Council of the City of Cypress
and Acting as Ex-Officio Board of Directors of the
Cypress Recreation and Park District, Establishing the
Temporary Part-Time Classification of Department
Director and Adding the Position to the Temporary
Part-Time and Seasonal Employees Hourly Pay
Range Schedule.

11.  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2012.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the Investment Report for the month of May, 2012.

12.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 22411 THROUGH 22555.
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:

13.   APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE JOINT FORCES TRAINING BASE FOR THE 2012 4TH OF JULY EVENT.
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 of the Cypress Recreation and Park District, approve a Memorandum of Agreement with the Joint Forces Training Base for the 2012 4th of July Event.

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 (14)

14.  CONSIDERATION OF SUBMITTAL OF A LETTER OF OPPOSITION TO AB 904 (SKINNER) – LOCAL PLANNING. (Council Member Mills)

Recommended Action:  That the City Council consider the submittal of a Letter of Opposition to AB 904 (Skinner) – Local Planning.

·Reports on Committee Assignments
·Other Items

ITEMS FROM CITY MANAGER

ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, July 9, 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 20th 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 22, 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