Agenda 2011-09-26 i'-4t;ESS• t
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REGULAR MEETING
MONDAY, SEPTEMBER 26, 2011
6:30 P.M.; 7:00 P.M.
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/AGENCY CHAIR LEROY MILLS
MAYOR PRO TEM/AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
ORAL COMMUNICATIONS
The public may at this time address the members of the City Council
and the Cypress Redevelopment Agency on any matters within the
jurisdiction of the City Council and/or the Cypress Redevelopment
Agency, 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.
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.
L City Council Agendas/Minutes are available at www.ci.cypress.ca.us.
September 26, 2011 Page 2
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 LEGAL COUNSEL—ANTICIPATED
LITIGATION
(Pursuant to Government Code Section 54956.9(b)(1) & (3)(A)
Number of Cases: One
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL MAYOR/AGENCY CHAIR LEROY MILLS
MAYOR PRO TEM/AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS PUBLIC WORKS UPDATE
September 26, 2011 Page 3
ORAL COMMUNICATIONS (LIMITED TO ONE-HALF HOUR)
The public may at this time address the members of the City Council
and the Cypress Redevelopment Agency on any matters within the
jurisdiction of the City Council and/or the Cypress Redevelopment
Agency, 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 and/or the Cypress Redevelopment
Agency.
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 — 10)
1. APPROVAL OF MINUTES.
Meeting of September 12, 2011.
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.
September 26, 2011 Page 4
3. PROCLAMATION RECOGNIZING OCTOBER 10, 2011 AS THE "100TH
ANNIVERSARY OF WOMEN'S SUFFRAGE IN CALIFORNIA" IN THE
CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially recognize
October 10, 2011 as the "100th Anniversary of Women's Suffrage in
California" in the City of Cypress.
4. APPROVAL OF BILLING SERVICES AGREEMENT WITH GOLDEN
STATE WATER COMPANY (GSWC).
Prepared by: Andrew Tse, Administrative Services Manager
Recommended Action: That the City Council approve the billing
services agreement with Golden State Water Company (GSWC). In
making this recommendation, the City Attorney notes that there is a
requirement in the agreement to "arbitrate" disputes between the
parties and that such a clause is inconsistent with the City's long-
standing policy to reserve its rights to litigate disputes. GSWC has
indicated that it is unwilling to modify this clause and the City Attorney
can approve signing the agreement because of the lack of meaningful
alternatives available to perform this billing function.
5. ACCEPTANCE OF THE URBAN AREA SECURITY INITIATIVE
(UASI) SUB-RECIPIENT AGREEMENT AND APPROPRIATION OF
GRANT FUNDS.
Prepared by: Jackie Gomez-Whiteley, Chief of Police
Recommended Action: That the City Council: 1) Accept the Urban Area
Security Initiative (UASI) sub-grantee agreement; and 2) Increase
estimated revenues (114-50183.3525 Grants—Miscellaneous) in the
General Fund Grants Fund for Fiscal Year 2010-2011 in the amount of
$9,492; and 3)Approve the following appropriation in the General Fund
Grants Fund for Fiscal Year 2010-2011 as follows: 114-50183.4003014
(Overtime) $9,492; and 4) Increase estimated revenues (114-50183._3525
Grants— Miscellaneous) in the General Fund Grants Fund for Fiscal Year
2011-2012 in the amount of$12,000; and 5)Approve the following
appropriations in the General Fund Grants Fund for Fiscal Year 2011-2012
as follows: 114-50183.4003_014 (Overtime) $12,000.
September 26, 2011 Page 5
6. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL
YEAR 2010-11.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council: 1)Approve increased
estimated revenues/sources for Fiscal Year 2010-11 as follows:
Increase Estimated Revenue to the fund balance of the Sewer Fund:
Account 321-99999.3901_453 (Operating Transfer from RDA-Lincoln)
$2,395,542; and
2)Approve additional appropriations for Fiscal Year 2010-11 as follows:
Additional Appropriation from the fund balance of the Lighting District
No. 2 Fund to:
Account 251-70223.4200 (Electricity) $6,000
Account 251-80800-8081.4001 (Salaries-Regular) $4,155
Account 251-80800-8081.4006 (Fringe Applied) $2,995
7. APPROVAL OF FISCAL YEAR 2010-11 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CITY OF CYPRESS TO FISCAL YEAR 2011-12.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2011-12 for the
carryover items as detailed in Attachment A and summarized as follows:
111 General Fund $415,496
114 General Fund Grants $430,427
232 Gas Tax 2106 Fund $157,863
234 Traffic Mitigation Assessment Fund $2,989,275
261 Storm Drainage Fund $5,010,461
281 Narcotics Asset Seizure Fund $75,485
321 Sewer Fund $3,138,506
415 Capital Projects Fund $1,131,710
713 Information Systems Fund $85,220
721 Capital Replacement Fund $112,983
TOTAL $ 13,547,426
September 26, 2011 Page 6
2. Authorize the transfer of funds to support continuing appropriations in
Fiscal Year 2011-12 as listed below:
FROM TO AMOUNT
111 General Fund 721 Capital $13,500
replacement
232 Gas Tax 2106 415 Capital Projects $467,327
236 Measure M Gas 232 Gas Tax 2106 $120,583
Tax
236 Measure M Gas 415 Capital Projects $391,667
Tax
281 Narcotics Asset 721 Capital $4,000
Seizure Replacement
311 AB 2766 Trip 721 Capital $72,000
Reduction Replacement
TOTAL $1,069,077
3. Authorize the continuation of the following grant revenue to support
continuing appropriations to Fiscal Year 2011-12:
111 General Fund (111-99999.3525/3711) $ 6,000
114 General Fund Grants (114-99999.3525) 430,427
234 Traffic Mitigation Fund (234-99999.3525) 155,000
321 Sewer Fund (321-99999.3572) 6,727
415 Capital Projects Fund (415-99999.3525) 1,227,386
TOTAL $ 1,825,540
4. Authorize the appropriation of funds in Fiscal Year 2011-12 for
items encumbered at June 30, 2011 as detailed in Attachment B
and summarized below:
111 General Fund $ 15,650
232 Gas Tax 2106 Fund 425,948
234 Traffic Mitigation Fund 712,680
236 Measure M Gas Tax Fund 36,757
261 Storm Drainage Fund 4,503,702
262 Plan Local Drain Facility Fund 636,885
281 Narcotics Asset Seizure Fund 1,214
321 Sewer Fund 2,600,922
415 Capital Projects Fund 3,795,138
721 Capital Replacement Fund 309,526
TOTAL $ 13,038,422
September 26, 2011 Page 7
8. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
AUGUST, 2011.
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 August, 2011.
9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS
NO. 19288 THROUGH 19423.
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 & Park District Matters:
10. APPROVAL OF FISCAL YEAR 2010-11 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL
YEAR 2011-12.
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 2011-12 for
items encumbered at June 30, 2011 as detailed in Attachment A
and summarized below:
212 CRPD General Fund $139,017
2. Authorize the appropriation of funds in Fiscal Year 2011-12 for the
carryover of continuing appropriations as detailed in Attachment A
and summarized as follows:
212 CRPD General Fund $268,301
725 CRPD Replacement Fund $4,130
3. Authorize the transfers of funds to support continuing appropriations
in Fiscal Year 2011-12 as listed below:
FROM TO AMOUNT
213 Park Development Fund 212 General Fund $254,126
212 General Fund 725 Replacement $4,130
September 26, 2011 Page 8
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.
CYPRESS REDEVELOPMENT AGENCY MATTERS (11 — 12)
The Cypress City Council, Acting as the Cypress Redevelopment
Agency.
CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one
motion unless a member of the Redevelopment Agency requests separate
action on a specific item.
CONSENT CALENDAR:
11. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL
YEAR 2010-11.
Prepared by: Richard Storey, Agency Treasurer
Recommended Action: That the Cypress Redevelopment Agency
approve additional appropriations for Fiscal Year 2010-11 as follows:
Additional Appropriation from the fund balance of the Lincoln Avenue
Projects Fund to:
Account 453-99999.4501_321 (Operating Transfer to Sewer Fund)
$2,395,542
Additional Appropriation from the fund balance of the LART Projects
Fund to:
Account 454-61196.4299 (Development Assistance) $1,677,704
September 26, 2011 Page 9
Additional Appropriation from the fund balance of the Civic Center
Debt Service Fund to:
Account 552-96363.4226 (Property Tax Collection) $10,080
Additional Appropriation from the fund balance of the Lincoln Avenue
Debt Service Fund to:
Account 553-96364.4226 (Property Tax Collection) $5,320
NEW BUSINESS:
12. PRELIMINARY DRAFT RECOGNIZED OBLIGATION PAYMENT
SCHEDULE.
Prepared by: Bill Manis, Redevelopment/Economic Development
Manager
Recommended Action: That the Cypress Redevelopment Agency
adopt the Resolution by title only, title as follows, approving the
Preliminary Draft Recognized Obligation Payment Schedule
(Preliminary Draft ROPS).
A Resolution of the Cypress Redevelopment Agency
Approving and Adopting the Preliminary Draft
Recognized Obligation Payment Schedule, Pursuant
to the Provisions Set Forth in Health and Safety Code
Section 34169(h) (AB lx 26).
ORAL COMMUNICATIONS
The public may at this time address the members of the City Council
and the Cypress Redevelopment Agency on any matters within the
jurisdiction of the City Council and/or the Cypress Redevelopment
Agency 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
September 26, 2011 Page 10
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, October 10, 2011,
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
21st day of September, 2011.
144A-a_ &O-e40417)
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 23, 2011 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.