MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD SEPTEMBER 10, 2012

A regular meeting of the Cypress City Council was called to order at 6:31 p.m. by Mayor Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Agency Counsel Dan Slater
Public Works Director/Acting Community Development Director Doug Dancs

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding 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. 

At 6:32 p.m., the Mayor recessed the meeting.

7:00 P.M. SESSION:

The 7:00 p.m. session of the City Council meeting was called to order at 7:01 p.m. by Mayor Bailey.

Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez-Whiteley
Public Works Director/Acting Community Development Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.

INVOCATION:  The invocation was given by City Attorney Wynder.

Mayor Bailey introduced Dr. Robert Simpson, President of Cypress College.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening.

The City Attorney reported that the City Council met in Closed Session regarding 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.  He stated that a privileged and confidential briefing was provided regarding ongoing negotiations.  He stated that legal counsel briefed the City Council on outstanding issues, solicited the City Council’s negotiating authority with respect to certain financial terms and conditions, and received negotiating authority.  He stated that no reportable action was taken but if the negotiating authority authorized by the City Council is successful, an exclusive negotiating agreement will be on the next City Council Agenda for consideration. 

No other action was taken in Closed Session, nor was any solicited.

ORAL COMMUNICATIONS:   LIMITED TO ONE-HALF HOUR.  (THREE MINUTES PER SPEAKER, SPEAKING ONCE.)

Mayor Bailey asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.

Mariellen Yarc, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

PUBLIC HEARINGS:    7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).

No items.

CONSENT CALENDAR:

All matters listed on the Agenda under “Consent Calendar” are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda.

It was moved by Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 1 through 9.

The motion was unanimously carried by the following roll call vote:

AYES:        5    COUNCIL MEMBERS:   Luebben, Mills, Seymore, Narain and Bailey
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    0    COUNCIL MEMBERS:   None

Item No. 1:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST 27, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of August 27, 2012, as submitted.

Item No. 2:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 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.

Recommendation:   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.

Item No. 4:   APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2011-12.

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

1. 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

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

Account 271-70239.4202 (Water)                                           $6,000

3. 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-CDBG)  32,534

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

4. 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

5. 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

Item No. 5:   APPROVAL OF FISCAL YEAR 2011-12 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2012-13.

Recommendation:   That the City Council:

1. 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

2. 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

3. 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

4. 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

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

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2011-12 and 2012-13.

Recreation and Park District Matters:

Item No. 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.

Recommendation:   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

Item No. 8:   CONSIDERATION OF UPDATES TO THE NON-PROFIT CONTRIBUTION POLICY.

Recommendation:   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.

Item No. 9:   FACILITY USE POLICY REVISIONS.

Recommendation:   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 MATTERSThe Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency.

Item No. 10:  APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2011-12.

It was moved by Agency Member Seymore and seconded by Agency Member Narain, 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

The motion was unanimously carried by the following roll call vote:

AYES:        5    AGENCY MEMBERS:    Luebben, Mills, Seymore, Narain and Bailey
NOES:        0    AGENCY MEMBERS:    None
ABSENT:    0    AGENCY MEMBERS:    None

ORAL COMMUNICATIONS:  For Matters Not on the Agenda.

None.

ITEMS FROM CITY COUNCIL MEMBERS:

Mayor Bailey requested reports from the Council Members on their respective committee assignments.

Council Member Luebben:

Attended the League of California Cities Annual Conference in San Diego.

Mayor Pro Tem Narain:

Attended the Small Business Tax Seminar and Expo.  Attended the Woman’s Club of Cypress Veterans Appreciation picnic.

Mayor Bailey:

Attended the League of California Cities Annual Conference in San Diego.

Council Member Mills:

Attended SCAG meetings in Los Angeles.  Attended the Woman’s Club of Cypress Veterans Appreciation picnic.  Reminded of a 9/11 observance at the O.C. Fire Authority station.

Council Member Seymore:

Attended a West-Comm Board meeting.  Attended the Woman’s Club of Cypress Veterans Appreciation picnic.

Council Member Luebben commented on the inability of SCAG to have a quorum for their meeting.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:25 p.m. to Monday, September 24, 2012, beginning at 5:30 p.m. in the Executive Board Room.

_______________________________
MAYOR OF THE CITY OF CYPRESS

ATTEST:

___________________________________
CITY CLERK OF THE CITY OF CYPRESS

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