Agenda 2012-09-10AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 10, 2012
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 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.
September 10, 2012 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 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
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
MAYOR DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE
September 10, 2012 Page 3
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION 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.
PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Unless
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 — 9)
1. APPROVAL OF MINUTES.
Meeting of August 27, 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.
September 10, 2012 Page 4
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.
Prepared by: Jackie Gomez - Whiteley, Chief of Police
Recommended Action: 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.
4. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL
YEAR 2011 -12.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: 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- 32,534
CDBG)
Increase Estimated Revenues in the General Fund - Grants to:
Account 114 - 66195.3531 (Loan Payoff -CDBG)
Account 114 - 66195.3572 (Grants -CDBG)
$ 32,534
99,916
September 10, 2012 Page 5
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- 11,000
Private)
5. APPROVAL OF FISCAL YEAR 2011 -12 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CITY OF CYPRESS TO FISCAL YEAR 2012 -13.
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 2012 -13 for the
carryover items as detailed in Attachment A and summarized as
follows:
111 General Fund
114 General Fund Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Assessment Fund
251 Lighting District #2 Fund
415 Capital Projects Fund (Storm Drainage)
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
713 Information Systems Fund
721 Capital Replacement Fund
TOTAL
$ 359,622
401,891
35,111
1,941,538
17,000
5,705,660
48,338
3,782,116
2,399,491
57,609
104,397
$ 14,852,773
2. Authorize the transfer of funds to support continuing appropriations
in Fiscal Year 2012 -13 as listed below:
FROM
111 General Fund
235 Regional Traffic
Fee
236 Measure M Gas
Tax
TO
721 Capital
Replacement
111 General Fund
AMOUNT
$ 7,500
900
415 Capital Projects 150,000
September 10, 2012 Page 6
261 Storm Drainage
281 Narcotics Asset
Seizure
281 Narcotics Asset
Seizure
TOTAL
415 Capital Projects
415 Capital Projects
721 Capital
Replacement
6,255,975
343,076
6,500
$ 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]
234 Traffic Mitigation Fund [234-99999.3525 /234-
99999.3572]
415 Capital Projects Fund (Storm Drainage) [415-
99999.3525]
415 Capital Projects Fund [415- 99999.3525]
TOTAL
$ 397,890
75,248
99,167
123,268
$ 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
114 General Fund - Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Fund
415 Capital Projects Fund (Storm Drainage)
262 Plan Local Drain Facility Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
711 Central Services Fund
721 Capital Replacement Fund
TOTAL
$ 8,000
38,720
431,839
734,891
649,482
385,906
49,587
2,238,933
2,495,881
1,794
134,140
$ 7,169,173
6. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEARS 2011 -12 AND 2012 -13 FOR
WARRANTS NO. 23226 THROUGH 23383.
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 Years 2011 -12 and
2012 -13.
September 10, 2012 Page 7
Recreation and Park District Matters:
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.
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 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
8. CONSIDERATION OF UPDATES TO THE NON - PROFIT
CONTRIBUTION POLICY.
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, 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.
September 10, 2012 Page 8
9. FACILITY USE POLICY REVISIONS.
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, 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 MATTERS
The Cypress City Council, Acting as the Successor Agency to the
Cypress Redevelopment Agency.
CONSENT CALENDAR (10):
10. APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2011 -12.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: 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
September 10, 2012 Page 9
Account 461- 62197.4201
Account 461- 62197.4208
Account 461- 62197.4215
Account 461- 62197.4299
Account 461- 62197.4401
Account 461- 62197.4402
Account 461- 62197.4406
(Telephone)
(Postage)
(Equipment Rental Fees)
(Development Assistance)
(Central Services Charges)
(Computer/Website Charges)
(Office Rental)
5
100
130
250,000
1,375
1,250
750
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 24, 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
5th day of September, 2012.
w.t e 'a y)
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 7, 2012 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.