AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 10, 2012

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

CALL TO ORDER      

6:30 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/Acting Community Development Director
Under Negotiation: Price and Terms of Payment

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 – 9)

1.    APPROVAL OF MINUTES - Meeting of August 27, 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.  APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF THREE (3) COLT M4 COMMANDO SEMI-AUTOMATIC RIFLES.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve the appropriation of $4,552 to account number 721-95300.4305_200 (Equipment – Police) from the Equipment Replacement Fund (721) fund balance for the purchase of three (3) Colt M4 Commando semi-automatic rifles with EOTech holographic sights, back-up iron sights, and single point slings with sling adapters; and 2) Approve a transfer in the amount of $4,552 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 the purchase.

4.   APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2011-12.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council approve additional appropriations and estimated revenues for Fiscal Year 2011-12 as follows:

Additional Appropriations from the unassigned fund balance of the General Fund to:

Account 111-10105.4189_005 (Litigation Services)         $101,000
Account 111-10109.4163 (Contributions)                                  600

Additional Appropriation from the fund balance of the Corporate Center Maintenance District No. 1 Fund to:

Account 271-70239.4202 (Water)                                     $    6,000

Additional Appropriations from the fund balance of the General Fund-Grants to:

Account 114-66195.4001 (Regular Salaries)                    $    8,900
Account 114-66195.4006 (Fringe Applied)                             6,100
Account 114-66195.4170 (Loans-CDBG Housing Rehab) 100,128
Account 114-66195.4172 (Returned Program Income-        32,534
CDBG)

Increase Estimated Revenues in the General Fund-Grants to:

Account 114-66195.3531 (Loan Payoff-CDBG)                $  32,534
Account 114-66195.3572 (Grants-CDBG)                            99,916

Additional Appropriations from the fund balance of the Sewer Fund to:

Account 321-70219.4001 (Regular Salaries)                    $    8,525
Account 321-70219.4006 (Fringe Applied)                             4,100

Additional Appropriations from the fund balance of the Print Shop Fund to:

Account 721-20601.4001 (Regular Salaries)                    $   10,500
Account 712-20601.4006 (Fringe Applied)                              6,800
Account 712-20601.4215 (Equipment Rental Fees-Private)  11,000

5.  APPROVAL OF FISCAL YEAR 2011-12 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2012-13.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council:

Authorize the appropriation of funds in Fiscal Year 2012-13 for the carryover items as detailed in Attachment A and summarized as follows:                       


111 General Fund

$359,622

114 General Fund Grants

401,891

232 Gas Tax 2106 Fund

35,111

234 Traffic Mitigation Assessment Fund

1,941,538

251 Lighting District #2 Fund

17,000

415 Capital Projects Fund (Storm Drainage)

5,705,660

281 Narcotics Asset Seizure Fund

48,338

321 Sewer Fund

3,782,116

415 Capital Projects Fund

2,399,491

713 Information Systems Fund

57,609

721 Capital Replacement Fund

104,397

TOTAL

$  14,852,773

Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2012-13 as listed below:

FROM

TO

AMOUNT

111 General Fund

721 Capital
Replacement

$7,500

235 Regional Traffic
Fee

111 General Fund

900

236 Measure M Gas
Tax

415 Capital Projects

150,000

261 Storm Drainage

415 Capital Projects

6,255,975

281 Narcotics Asset
Seizure

415 Capital Projects

343,076

281 Narcotics Asset
Seizure

721 Capital
Replacement

6,500

TOTAL

 

$    6,763,951

Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2012-13:

114 General Fund Grants [114-20121.3525/114-50183.3525]

$  397,890

234 Traffic Mitigation Fund [234-99999.3525/234-99999.3572]

75,248

415 Capital Projects Fund (Storm Drainage) [415-99999.3525]

99,167

415 Capital Projects Fund [415-99999.3525]

123,268

TOTAL

$  695,573

Authorize the appropriation of funds in Fiscal Year 2012-13 for items encumbered at June 30, 2012 as detailed in Attachment B and summarized below:

111 General Fund

$           8,000

114 General Fund - Grants

38,720

232 Gas Tax 2106 Fund

431,839

234 Traffic Mitigation Fund

734,891

415 Capital Projects Fund (Storm Drainage)

649,482

262 Plan Local Drain Facility Fund

385,906

281 Narcotics Asset Seizure Fund

49,587

321 Sewer Fund

2,238,933

415 Capital Projects Fund

2,495,881

711 Central Services Fund

1,794

721 Capital Replacement Fund

134,140

TOTAL

$    7,169,173

6.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011-12 AND 2012-13 FOR WARRANTS NO. 23226 THROUGH 23383.
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 Years 2011-12 and 2012-13.

Recreation and Park District Matters:

7.   APPROVAL OF FISCAL YEAR 2011-12 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2012-13.
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:

1.   Authorize the appropriation of funds in Fiscal Year 2012-13 for items encumbered at June 30, 2012 as detailed in Attachment A and summarized below:

      212 CRPD General Fund                                                     $    5,405

2.   Authorize the appropriation of funds in Fiscal Year 2012-13 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows:

        212 CRPD General Fund                                                 $   944,231

3.   Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2012-13 as listed below:

FROM                                          TO                                  AMOUNT
213 Park Development Fund       212 General Fund        $  254,126

8.  CONSIDERATION OF UPDATES TO THE NON-PROFIT CONTRIBUTION POLICY.
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, adopt the updates to the Non-Profit Contribution Policy to use for the next Non-Profit Contribution Grant Requests involving the 2013-15 award cycle.

9.  FACILITY USE POLICY REVISIONS.
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, review and approve the recommended changes to the Facility Use Policy.

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.

CONSENT CALENDAR (10):

10.  APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2011-12.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the Successor Agency to the Dissolved Cypress Redevelopment Agency approve appropriations for Fiscal Year 2011-12 as follows:

From the fund balance of the Successor Agency Housing Fund (461) to:

Account 461-62197.4001 (Regular Salaries)                          $   20,505
Account 461-62197.4006 (Fringe Applied)                                  13,805
Account 461-62197.4169 (Loans-Housing Rehab)                           245
Account 461-62197.4187_007 (Contract Services-Private)           1,000
Account 461-62197.4189_004 (Professional Services-Legal)       1,025
Account 461-62197.4201 (Telephone)                                                 5
Account 461-62197.4208 (Postage)                                                 100
Account 461-62197.4215 (Equipment Rental Fees)                         130
Account 461-62197.4299 (Development Assistance)                250,000
Account 461-62197.4401 (Central Services Charges)                  1,375
Account 461-62197.4402 (Computer/Website Charges)               1,250
Account 461-62197.4406 (Office Rental)                                          750

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 an adjourned Regular Meeting, to be held on Monday, September 24, 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 5th day of September, 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, SEPTEMBER 7, 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