Minutes 2012-09-10415
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 10, 2012
A regular meeting of the Cypress City Council was called to order at 6:31 p.m. by Mayor
Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Agency Counsel Dan Slater
Public Works Director /Acting Community Development Director Doug Dancs
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
The City Attorney reported that the City Council would be meeting in Closed Session
regarding 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.
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 7:01 p.m. by
Mayor Bailey.
Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
Police Chief Jackie Gomez - Whiteley
Public Works Director /Acting Community Development Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
CITY COUNCIL MINUTES SEPTEMBER 10, 2012 416
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
Mayor Bailey introduced Dr. Robert Simpson, President of Cypress College.
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 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. He stated that a privileged and confidential
briefing was provided regarding ongoing negotiations. He stated that legal counsel
briefed the City Council on outstanding issues, solicited the City Council's negotiating
authority with respect to certain financial terms and conditions, and received negotiating
authority. He stated that no reportable action was taken but if the negotiating authority
authorized by the City Council is successful, an exclusive negotiating agreement will be
on the next City Council Agenda for consideration.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Bailey asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Marielien Yarc, Cypress Chamber of Commerce, spoke regarding upcoming 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.
It was moved by Council Member Seymore and seconded by Council Member Mills, to
approve Consent Calendar Items No. 1 through 9.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
AUGUST 27, 2012.
Recommendation: That the City Council approve the Minutes of the Meeting of August
27, 2012, as submitted.
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CITY COUNCIL MINUTES SEPTEMBER 10, 2012
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: 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.
Recommendation: 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.
Item No. 4: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2011 -12.
Recommendation: 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)
Account 111 - 10109.4163 (Contributions)
$101,000
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 -CDBG) 32,534
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
4) Additional Appropriations from the fund balance of the Sewer Fund to:
Account 321 - 70219.4001 (Regular Salaries)
Account 321 - 70219.4006 (Fringe Applied)
$ 8,525
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 - Private) 11,000
Item No. 5: APPROVAL OF FISCAL YEAR 2011 -12 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO
FISCAL YEAR 2012 -13.
Recommendation: 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:
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417
CITY COUNCIL MINUTES
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
2. Authorize the transfer of funds to support continuing
2012 -13 as listed below:
FROM
111 General Fund
235 Regional Traffic Fee
236 Measure M Gas Tax
261 Storm Drainage
281 Narcotics Asset Seizure
281 Narcotics Asset Seizure
TOTAL
SEPTEMBER 10, 2012 418
$ 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
appropriations in Fiscal Year
TO
721 Capital Replacement $
111 General Fund
415 Capital Projects
415 Capital Projects
415 Capital Projects
721 Capital Replacement
$
AMOUNT
7,500
900
150,000
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
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
at
Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEARS 2011 -12 AND 2012 -13 FOR WARRANTS NO.
23226 THROUGH 23383.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Years 2011 -12 and 2012 -13.
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CITY COUNCIL MINUTES SEPTEMBER 10, 2012 419
Recreation and Park District Matters:
Item No. 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.
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 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
Item No. 8: CONSIDERATION OF UPDATES TO THE NON - PROFIT
CONTRIBUTION POLICY.
Recommendation: 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.
Item No. 9: FACILITY USE POLICY REVISIONS.
Recommendation: 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.
Item No. 10: APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2011 -12.
It was moved by Agency Member Seymore and seconded by Agency Member Narain,
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:
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CITY COUNCIL MINUTES
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- 62197.4187007 (Contract Services- Private) 1,000
Account 461- 62197.4189_004 (Professional Services - Legal) 1,025
Account 461- 62197.4201 (Telephone) 5
Account 461- 62197.4208 (Postage) 100
Account 461- 62197.4215 (Equipment Rental Fees) 130
Account 461- 62197.4299 (Development Assistance) 250,000
Account 461- 62197.4401 (Central Services Charges) 1,375
Account 461- 62197.4402 (Computer/Website Charges) 1,250
Account 461- 62197.4406 (Office Rental) 750
SEPTEMBER 10, 2012 420
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective
committee assignments.
Council Member Luebben:
Attended the League of California Cities Annual Conference in San Diego.
Mayor Pro Tem Narain:
Attended the Small Business Tax Seminar and Expo. Attended the Woman's Club of
Cypress Veterans Appreciation picnic.
Mayor Bailey:
Attended the League of California Cities Annual Conference in San Diego.
Council Member Mills:
Attended SCAG meetings in Los Angeles. Attended the Woman's Club of Cypress
Veterans Appreciation picnic. Reminded of a 9/11 observance at the O.C. Fire
Authority station.
Council Member Seymore:
Attended a West -Comm Board meeting. Attended the Woman's Club of Cypress
Veterans Appreciation picnic.
Council Member Luebben commented on the inability of SCAG to have a quorum for
their meeting.
ITEMS FROM CITY MANAGER:
No items.
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CITY COUNCIL MINUTES
SEPTEMBER 10, 2012 421
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:25 p.m. to Monday,
September 24, 2012, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
lailLtot 'YI
CITY CLERK OF THE CITY OF CYPRESS
7
HE Y OF CYPRESS