Minutes 2011-09-26236
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 26, 2011
A regular meeting of the Cypress City Council was called to order at 6:31 p.m. by Mayor Mills
in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor /Agency Chair Leroy Mills
Mayor Pro Tem /Agency Vice Chair Todd Seymore
Council /Agency Board Member Doug Bailey
Council /Agency Board Member Phil Luebben
Council /Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel — Anticipated Litigation, pursuant to Government
Code Section 54956.9(b)(1) & (3)(A); Number of Cases: One.
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 7:00 p.m. by Mayor
Mills.
Members present:
Mayor /Agency Chair Leroy Mills
Mayor Pro Tem /Agency Vice Chair Todd Seymore
Council /Agency Board Member Doug Bailey
Council /Agency Board Member Phil Luebben
Council /Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Ed Bish
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Associate Engineer Nick Mangkalakiri
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills.
INVOCATION: The invocation was given by Mayor Pro Tem Seymore.
CITY COUNCIL MINUTES SEPTEMBER 26, 2011 237
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 Legal Counsel — Anticipated Litigation, pursuant to Government Code Section
54956.9(b)(1) & (3)(A); Number of Cases: One. He stated that the City is considering
whether to initiate litigation in one case and that the City Council was provided with a status
report on facts and circumstances which could result in the initiation of litigation. He stated
that the City Council was advised of the determination made by the Director of Community
Development and that questions were asked and answered. No reportable action was
solicited nor was any taken.
No other action was taken in Closed Session, nor was any solicited.
PRESENTATIONS:
The Public Works Director provided an update on projects in the City including streets, traffic,
concrete, storm drains, sewer, tree planting, facilities and improvements, and park
improvements.
Mayor Mills commented on the City's lack of storm drain and sewer infrastructure failures due
to having end -to -end plans in place.
The Public Works Director responded that staff has been proactive in going through the
infrastructure to prevent potential hazards, and that there have been no major events.
Council Member Luebben informed of a broken light and tagging on the Lincoln Avenue
Bridge and commented on dog waste bag dispensers no longer being in the parks.
The Public Works Director replied that the dog waste bag dispensers were cut due to costs.
The Recreation and Community Services Director stated that the dispenser cost was $8,000
annually paid for with grant funds that are no longer available.
Council Member Luebben asked about the scheduling of the Valley View project.
The Public Works Director responded that the project was delayed by underground utility
company delays that were beyond the City's control.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER
SPEAKER, SPEAKING ONCE.)
Mayor Mills asked anyone who wished to speak on any topic not included on the meeting
Agenda to come forward.
Mariellen Yarc, representing the Woman's Club of Cypress and the Cypress Chamber of
Commerce, thanked the City Council for considering the Women's Suffrage in California
proclamation on tonight's agenda and provided an update on Chamber 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.
Council Member Bailey requested that Agenda Item No. 4 be pulled from the Consent
Calendar.
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CITY COUNCIL MINUTES SEPTEMBER 26, 2011
238
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, to
approve Consent Calendar Items No. 1 through 3 and 5 through 10.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
SEPTEMBER 12, 2011.
Recommendation: That the City Council approve the Minutes of the Meeting of September
12, 2011, 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: PROCLAMATION RECOGNIZING OCTOBER 10, 2011 AS THE "100TH
ANNIVERSARY OF WOMEN'S SUFFRAGE IN CALIFORNIA" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially recognize October 10, 2011 as the "100th
Anniversary of Women's Suffrage in California" in the City of Cypress.
Item No. 5: ACCEPTANCE OF THE URBAN AREA SECURITY INITIATIVE (UASI) SUB -
RECIPIENT AGREEMENT AND APPROPRIATION OF GRANT FUNDS.
Recommendation: 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 - 50183.4003_014 (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-
50183.4003014 (Overtime) $12,000.
Item No. 6: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2010-
11.
Recommendation: 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 - 99999.3901453 (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
Item No. 7: APPROVAL OF FISCAL YEAR 2010 -11 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL
YEAR 2011 -12.
Recommendation: 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:
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CITY COUNCIL MINUTES SEPTEMBER 26, 2011
111 General Fund
114 General Fund Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Assessment Fund
261 Storm Drainage Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
713 Information Systems Fund
721 Capital Replacement Fund
TOTAL
$ 415,496
430,427
157,863
2,989,275
5,010,461
75,485
3,138, 506
1,131,710
85,220
112,983
$13.547,426
239
2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2011 -12
as listed below:
FROM
111 General Fund
232 Gas Tax 2106
236 Measure M Gas Tax
236 Measure M Gas Tax
281 Narcotics Asset Seizure
311 AB 2766 Trip Reduction
TO
721 Capital Replacement
415 Capital Projects
232 Gas Tax 2106
415 Capital Projects
721 Capital Replacement
721 Capital Replacement
AMOUNT
$ 13,500
467,327
120,583
391,667
4,000
72,000
$1,069,077
3. Authorize the continuation of the following grant revenue to support
appropriations to Fiscal Year 2011 -12:
111 General Fund (111- 99999.3525/3711)
114 General Fund Grants (114- 99999.3525)
234 Traffic Mitigation Fund (234- 99999.3525)
321 Sewer Fund (321- 99999.3572)
415 Capital Projects Fund (415- 99999.3525)
TOTAL
$ 6,000
430,427
155,000
6,727
1,227,386
$1,825,540
continuing
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
232 Gas Tax 2106 Fund
234 Traffic Mitigation Fund
236 Measure M Gas Tax Fund
261 Storm Drainage Fund
262 Plan Local Drain Facility Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
721 Capital Replacement Fund
TOTAL
$ 15,650
425,948
712,680
36,757
4,503,702
636,885
1,214
2,600,922
3,795,138
309,526
$ 13,038,422
Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2011.
Recommendation: That the City Council receive and file the Investment Report for the
month of August, 2011.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 19288 THROUGH 19423.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2011 -12.
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CITY COUNCIL MINUTES
SEPTEMBER 26, 2011 240
Recreation & Park District Matters:
Item No. 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.
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 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
725 CRPD Replacement Fund
$268,301
$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
Regarding Item No. 4: APPROVAL OF BILLING SERVICES AGREEMENT WITH GOLDEN
STATE WATER COMPANY (GSWC), Council Member Bailey asked about the arbitration
clause and the staff report's indication that the City Attorney is not in agreement with the
arbitration clause. He inquired if there are contract alternatives.
The City Attorney indicated his concerns with the arbitration clause and stated that the City
does not have an alternative and that there is not a meaningful recourse.
Council Member Narain spoke of the water rate increase and asked about the feasibility of
the City having its own water company.
The City Attorney stated that the City could not afford to have its own water company.
The Public Works Director stated that condemning a water company would not be cost
effective.
Mayor Pro Tem Seymore asked if there were other billing services.
The Assistant City Manager /Director of Finance and Administrative Services stated that the
water company is billing the same services that the City would bill and that the City would
have to do separate billings and determine the individual rates. He indicated that the City
would still be in a position to procure data from Golden State Water Company for the third
party billing service to calculate each customer's sewer fees. He commented that this is only
a billing agreement and that arbitration is most likely remote.
Council Member Luebben expressed his concerns with the water rate overages and the
unlikeliness of the City ending up in arbitration with the water company. He commented that
there are no other viable billing alternatives for the City.
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, 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.
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CITY COUNCIL MINUTES
SEPTEMBER 26, 2011 241
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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: The Cypress City Council, Acting as
the Cypress Redevelopment Agency.
Consent Calendar:
It was moved by Agency Board Member Luebben and seconded by Agency Vice Chair
Seymore, that the Redevelopment Agency approve Consent Calendar Item No. 11.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Item No. 11: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2010-
11.
Recommendation: 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
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
END OF CONSENT CALENDAR
New Business:
Item No. 12: PRELIMINARY DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE.
The Deputy Executive Director provided background information on this item.
It was moved by Agency Vice Chair Seymore and seconded by Agency Board Member
Luebben, that the Cypress Redevelopment Agency adopt the Resolution by title only,
approving the Preliminary Draft Recognized Obligation Payment Schedule (Preliminary Draft
ROPS).
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CITY COUNCIL MINUTES
SEPTEMBER 26, 2011 242
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Seymore and Milis
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
RESOLUTION NO. CRA —139
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 1X 26).
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Milis requested reports from the Council Members on their respective committee
assignments.
Council Member Luebben:
Attended the League of California Cities Annual Conference in San Francisco.
Complimented the Anaheim Union High School District on their Academic Performance
Index (API) score increases in Cypress schools. Commented on the loss of two Cypress
High School students this past week.
Mayor Pro Tem Seymore:
Attended the Cypress Community Festival recognition dinner. Asked the Public Works
Director about the Smart Meters being installed and Radio Frequency Interference (RFI)
transmission danger.
The Public Works Director stated that he would refer the question to Southern California
Edison for clarification.
Council Member Luebben stated that customers are allowed an opt -out to not have the meter
installed.
Mayor Pro Tem Seymore asked about the voting on the League of California Cities resolution
concerning reducing the death sentences to life sentences at the annual conference.
Council Member Luebben responded that he did not have the opportunity to vote and that he
is unaware of the final results.
Council Member Bailey:
Attended a meeting with Council Member Narain and staff with the Anaheim Union High
School District. Attended the AGENT /SPIRIT meeting.
Council Member Narain:
Attended an O.C. Sanitation District Administrative Committee meeting. Attended a meeting
with the Anaheim Union High School District. Attended the Cypress Community Festival
recognition dinner. Attended the AGENT /SPIRIT meeting. Attended the Warland mixer.
Attended a fundraising event at Kennedy High School. Attended a Celebration of Life tribute
for Larry Bloch.
CITY COUNCIL MINUTES SEPTEMBER 26, 2011 243
Mayor Mills:
Stated that SCAG has sent a letter of support for the League of California Cities' lawsuit
regarding redevelopment agencies. Attended the Cypress Chamber of Commerce
Networking breakfast. Attended the 50th Anniversary of the U.S. National Reconnaissance in
Washington, DC regarding the declassification of two film- return satellite systems. Attended
the Cypress Community Festival recognition dinner. Attended the OCCOG Board of
Directors meeting. Attended the Warland mixer. Attended a Celebration of Life tribute for
Larry Bloch.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Mills adjourned the meeting in memory of Cypress High School
students Brent Ebacher and Rudy J. Ledesma Jr. at 7:56 p.m. to Monday, October 10, 2011,
beginning at 5:30 p.m. in the Executive Board Room
ATTEST:
/`2,zL_ 6d\ary)
CITY CLERK OF THE CITY OF CYPRESS
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MAYO' 'a F THE CITY OF CYPRESS