Agenda 2012-02-13AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, FEBRUARY 13, 2012
4:00 P.M.; 7:00 P.M.
Public Hearings at 7:00 P.M.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
CALL TO ORDER 4:00 P.M.
Executive Board Room
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.
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 Council Agendas/Minutes are available at www. ci. cypress. ca. us.
February 13, 2012 Page 2
WORKSHOP
SESSION
(4:00 — 4:45 P.M.)
MEASURE D AND PROPOSED BALLOT INITIATIVE
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 — EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
City of Cerritos, et al. v. State of California, et al.
Case Number 34- 2011 - 80000952
State of California Superior Court
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Cypress School District v. City of Cypress
Case Number 30- 2011 - 00522871
Orange County Superior Court
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number 242 - 332 -01, Located at
4545 Myra Avenue
Negotiating Party: City Manager and Director of Community
Development
Under Negotiation: Price and Terms of Payment
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
February 13, 2012 Page 3
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 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.
February 13, 2012 Page 4
PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Un less
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 — 8)
1. APPROVAL OF MINUTES.
Meeting of January 23, 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. DESIGN REVIEW COMMITTEE PERMIT NO. 2011 -01, A REQUEST TO
CONSTRUCT A STEALTH , IMITATION TREE DESIGN, ANTENNA
FACILITY WITHIN THE EXISTING CHURCH PARKING LOT LOCATED
AT 5100 CERRITOS AVENUE IN THE PS PUBLIC AND SEMI - PUBLIC
ZONE.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 2011 -01, subject to the conditions in Exhibit "A" of the Resolution.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2011 -01
- With Conditions.
February 13, 2012 Page 5
4. ACCEPTANCE OF AUTOMATIC LICENSE PLATE READER
EQUIPMENT.
Prepared by: Jackie Gomez - Whiteley, Chief of Police
Recommended Action: That the City Council: 1) Approve the
acceptance of the License Plate Reader Equipment and three (3) year
maintenance contract funded by the Urban Area Security Initiative
(UASI) grant funds; and 2) Grant signature authority to the positions of
City Manager, Finance Director, Police Chief, or Emergency Services
Police Services Officer to obtain the FY 2010 Urban Area Security
Initiative grant funds.
5. FISCAL YEAR 2011 -12 MID -YEAR BUDGET REVIEW.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the Fiscal
Year 2011 -12 Mid -Year Budget Review report.
6. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS
NO. 20773 THROUGH 20977.
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 and Park District Matters:
7. FISCAL YEAR 2011 -12 MID -YEAR BUDGET REVIEW FOR THE
CYPRESS RECREATION AND PARK DISTRICT.
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 for the Cypress Recreation and Park
District, receive and file the Fiscal Year 2011 -12 Mid -Year Budget
Review report.
February 13, 2012 Page 6
8. ACCEPTANCE OF BANDAI FOUNDATION DONATION AND
APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A
YOUTH RECREATION PROGRAM.
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: 1) Formally accept the donation in the amount of $5,000 from
the Bandai Foundation via the Cypress Children's Advocacy Council;
and 2) Increase estimated revenue 3713 -12 (Donations) by $5,000 and
increase appropriations by $1,500 to 212 - 90310.4103_004 (Activity
Supplies) and $3,500 to 212 - 90310.4104_015 (Activity Clothing) for the
purchase of supplies, uniforms, and staff /coaches' shirts.
END OF CONSENT CALENDAR
NEW BUSINESS (9)
9. APPOINTMENTS TO OVERSIGHT BOARD.
Prepared by: Ted Commerdinger, Director of Community
Development
Recommended Action: That the Mayor appoint the City's Finance
Manager and one member of the City Council to the Oversight Board.
RECREATION & PARK DISTRICT MATTERS (10)
The Cypress City Council, Acting as the Ex- Officio Governing Board
of Directors.
10. APPOINTMENT TO OVERSIGHT BOARD.
Prepared by: Ted Commerdinger, Director of Community
Development
Recommended Action: That the Recreation and Park District Board
appoint one of its members to the Oversight Board.
February 13, 2012 Page 7
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 a Regular Meeting, to be held on Monday, February 27,
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
8th day of February, 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, FEBRUARY 10, 2012 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.