AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 9, 2013

This Agenda contains a brief general description of each item to be considered.  Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing in the following Agenda.  Supporting documents, including staff reports, are available for review in the City Clerk's office and the City’s website at www.ci.cypress.ca.us.

City Hall Directory:

Administration – (714) 229-6680                                                                           
admin@ci.cypress.ca.us                                                                                      
Finance – (714) 229-6700                                                                                     
fin@ci.cypress.ca.us                                                                                            
Community Development – (714) 229-6720                                                         
cdd@ci.cypress.ca.us 
Public Works – (714) 229-6740
pw@ci.cypress.ca.us
Police – (714) 229-6600
cypd@ci.cypress.ca.us
Recreation – (714) 229-6780
crpd@ci.cypress.ca.us

City Council Agendas/Minutes are available at www.ci.cypress.ca.us.

CALL TO ORDER                       

6:00 P.M.
Council Chambers

ROLL CALL                                 

MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

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 Number 262-461-05, Located
at 8721 Cypress Street
Negotiating Party: City Manager
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:
Cypress Police Officers Association

RECONVENE                              

7:00 P.M.
Council Chambers

ROLL CALL                                 

MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

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.

Speakers and members of the audience are asked to please observe meeting decorum by using courteous and professional language at all times, refraining from clapping, whistling, etc. in response to a speaker’s comments, and allowing speakers to provide comments without interruption.

PUBLIC HEARINGS (1 – 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

1.  PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-04, A REQUEST TO OPERATE A PRIVATE GYM/WORKOUT FACILITY WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4107 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2013-04, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2013-04
– With Conditions.

2.  PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-05 AND TENTATIVE TRACT MAP NO. 17629, A REQUEST TO COMBINE TWO LOTS INTO A ONE-LOT SUBDIVISION AND CONSTRUCT 19 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6178-6182 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.
Prepared by:  Kori Nevarez, Associate Planner

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2013-05 and Tentative Tract Map No. 17629, subject to the conditions in Exhibit “A” of the Resolutions.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2013-05
– With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17629 – With
Conditions.

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 – 8)

3.   APPROVAL OF MINUTES - Meeting of August 26, 2013.
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.  APPROVAL OF FISCAL YEAR 2012-13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2013-14.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council:

1. Authorize the appropriation of funds in Fiscal Year 2013-14 for the carryover items as detailed in Attachment A and summarized as follows:                


111 General Fund

$373,572

114 General Fund Grants

459,359

232 Gas Tax 2106 Fund

163,939

234 Traffic Mitigation Assessment Fund

1,986,264

251 Lighting District #2 Fund

10,000

261 Storm Drainage Fund

3,516

281 Narcotics Asset Seizure Fund

16,490

321 Sewer Fund

2,147,323

415 Capital Projects Fund

4,530,903

713 Information Systems Fund

59,330

721 Capital Replacement Fund

109,683

TOTAL

$9,860,379

2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2013-14 as listed below:

FROM

TO

AMOUNT

235 Regional Traffic Fee

111 General Fund

$900

236 Measure M Gas Tax

232 Gas Tax 2106

450,626

281 Narcotics Asset Seizure

415 Capital Projects

391,379

281 Narcotics Asset Seizure

721 Capital Replacement

12,401

TOTAL

 

$855,306

3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2013-14:

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

$462,359

232 Gas Tax 2106 Fund [232-99999.3525]

347,743

415 Capital Projects Fund [415-99999.3525]

79,355

TOTAL

$889,457

4. Authorize the appropriation of funds in Fiscal Year 2013-14 for items encumbered at June 30, 2013 as detailed in Attachment B and summarized below:

111 General Fund

$52,836

114 General Fund - Grants

6,000

232 Gas Tax 2106 Fund

1,935,383

234 Traffic Mitigation Fund

77,738

262 Plan Local Drain Facility Fund

360,860

281 Narcotics Asset Seizure Fund

8,313

321 Sewer Fund

3,790,801

415 Capital Projects Fund

7,087,715

721 Capital Replacement Fund

131,686

TOTAL

$13,451,332

6.   APPROPRIATION OF FUNDS FOR POLICE ACADEMY RECRUIT TRAINING.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council approve the following appropriations in the General Fund for Fiscal Year 2013-14 as follows:

111-50167.4220                      (P.O.S.T. Training)      $19,635
111-50167.4103_008              (Ammunition)               $13,270
111-50167.4113                      (Uniforms)                   $  5,110
111-50167.4113                      (Leather Gear)            $  1,775
111-50167.4113                      (Duty Holsters)            $     975

7.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2012-13 AND 2013-14 FOR WARRANTS NO. 27160 THROUGH 27312.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council approve the attached warrant registers and wire transfers for Fiscal Years 2012-13 and 2013-14.

Recreation and Park District Matters:

8.   APPROVAL OF FISCAL YEAR 2012-13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2013-14.
Prepared by:  Richard Storey, 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 2013-14 for items encumbered at June 30, 2013 as detailed in Attachment A and summarized below:

212 CRPD General Fund                                               $     43,577

2.   Authorize the appropriation of funds in Fiscal Year 2013-14 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows:

212 CRPD General Fund                                               $  1,509,848
725 CRPD Central Services Fund                                         $11,500

3.   Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2013-14 as listed below:

FROM                                          TO                                  AMOUNT
213 Park Development Fund       212 General Fund        $  272,078

END OF CONSENT CALENDAR

NEW BUSINESS (9)

9.   ADOPTION OF A RESOLUTION ESTABLISHING AN AD HOC SUBCOMMITTEE FOR THE SOLID WASTE AND RECYCLING SERVICES COMPETITIVE PROCUREMENT PROCESS.
Prepared by:  Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, appointing two (2) members of the City Council to the Solid Waste and Recycling Services Competitive Procurement Process City Council Subcommittee, and establishing the duties and duration of said Ad Hoc Subcommittee.

A Resolution of the City Council of the City of Cypress
Establishing an Ad Hoc Subcommittee for the Solid
Waste and Recycling Services Procurement Process.

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 an adjourned Regular Meeting, to be held on Monday, September 23, 2013 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 4th day of September, 2013.

________________________________
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 6, 2013 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