Agenda 2010-10-11CALL TO ORDER 6:30 P.M.
Council Chambers
ROLL CALL
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 11, 2010
6:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
MAYOR/AGENCY CHAIR PRAKASH NARAIN
MAYOR PRO TEM /AGENCY VICE CHAIR DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE
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.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
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.
City Council Agendas/Minutes are available at www.ci.cypress.ca.us.
October 11, 2010
Recess the meeting to Closed Session.
CLOSED
SESSION
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
CITY OF CYPRESS ITEMS:
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Blythe v. North Orange County Community
College District, et al.
Case Number 30- 2008 00103466
Orange County Superior Court
MAYOR/AGENCY CHAIR PRAKASH NARAIN
MAYOR PRO TEM /AGENCY VICE CHAIR DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE
INTRODUCTION OF NEW CYPRESS POLICE
SERVICE DOG SEM
PRESENTATION OF PROCLAMATION TO THE
ORANGE COUNTY FIRE AUTHORITY PROCLAIMING
THE WEEK OF OCTOBER 3 -9, 2010 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS
SOUTHERN CALIFORNIA GAS COMPANY
PRESENTATION ON PIPELINE SAFETY
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October 11, 2010
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
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 (1 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council and /or the Cypress Redevelopment
Agency.
1. A PUBLIC HEARING REGARDING A REVIEW OF CONDITIONAL
USE PERMIT NO. 2001-20, A CITY- INITIATED REVIEW
REGARDING NON COMPLIANCE WITH CONDITION OF
APPROVAL NO. 53 REQUIRING REMOVAL OF A PRE- EXISTING
ONSITE BILLBOARD SIGN LOCATED AT 4992 LINCOLN AVENUE
IN THE PC PLANNED COMMUNITY ZONE.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council: 1) Receive and file the
report; and 2) Direct staff and the City Attorney to give notice to the
applicant and the property owners of the City's intention to initiate
revocation proceedings (as required by law) for Conditional Use Permit
No. 2001 -20. Alternatives to this course of action are identified on Page
4 of the report.
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October 11, 2010
2. A PUBLIC HEARING AND SECOND READING OF ORDINANCES
REGARDING ADOPTION OF THE LATEST 2010 CALIFORNIA
MODEL BUILDING, ELECTRICAL, PLUMBING, AND FIRE CODES
WITH AMENDMENTS FOR THE CITY OF CYPRESS.
Prepared bv: Bob Decker, Building Official
Recommended Action: That the City Council conduct the public
hearing, take public testimony, and adopt the four (4) Ordinances by
title only, titles as follows, adopting the current model Building, Fire,
Electrical, and Plumbing Codes with amendments for the City of
Cypress.
An Ordinance of the City Council of the City of Cypress,
California, Amending Sections 5 -1 and 5 -2 of Chapter 5 of
the Cypress Municipal Code, Thereby Adopting by
Reference the Following Codes with Certain Amendments
Thereto: the 2010 Edition of the California Building Code,
the 2010 Edition of the Califomia Residential Code, the
2010 Edition of the California Green Building Standards
Code, the 2010 Edition of the Califomia Mechanical Code,
the 1997 Edition of the Uniform Housing Code, the 1997
Edition of the Uniform Code for the Abatement of
Dangerous Buildings, the 2006 Edition of the International
Property Maintenance Code, and Repealing Ordinance No.
1093.
An Ordinance of the City Council of the City of Cypress,
Amending Chapter 8 of the Cypress City Code and Thereby
Adopting by Reference the California Electrical Code, 2010
Edition, with Certain Amendments and Repealing Ordinance
No. 1094.
An Ordinance of the City Council of the City of Cypress,
Amending Chapter 19 of the Cypress City Code and
Thereby Adopting by Reference the Following Codes with
Certain Amendments Thereto: the 2010 Edition of the
California Plumbing Code, the 1997 Edition of the Uniform
Swimming Pool, Spa, and Hot Tub Code, the 1997 Edition
of the Uniform Solar Energy Code, and the Uniform
Plumbing Code Material and Installation Standards and
Repealing Ordinance No. 1095.
An Ordinance of the City Council of the City of Cypress,
Amending Sections 5 -3 of Chapter 5 of the Cypress
Municipal Code, and Thereby Adopting by Reference the
Following Code with Certain Amendments Thereto: the
2010 Edition of the California Fire Code and Replacing
Ordinance No. 1096.
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October 11, 2010
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 (3 —13)
3. APPROVAL OF MINUTES.
Meeting of September 27, 2010.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
4. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
5. PROCLAIMING THE WEEK OF OCTOBER 3 -9, 2010 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
week of October 3 -9, 2010 as "Fire Prevention Week" in the City of
Cypress.
6. PROCLAIMING THE WEEK OF OCTOBER 23 -31, 2010 AS "RED
RIBBON WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
week of October 23 -31, 2010 as "Red Ribbon Week" in the City of
Cypress.
7. PROCLAIMING OCTOBER 24, 2010 AS "WORLD POLIO DAY" IN
THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim
October 24, 2010 as "World Polio Day" in the City of Cypress.
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October 11, 2010
8. ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF
INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS
RECREATION AND PARK DISTRICT.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council, and acting as the ex-
officio governing Board of Directors of the Cypress Recreation and
Park District, adopt the Resolutions by title only, titles as follows,
adopting Conflict of Interest Codes for the City of Cypress and the
Cypress Recreation and Park District, which will supersede all prior
Conflict of Interest Codes and amendments previously adopted.
A Resolution of the City Council of the City of Cypress,
Adopting a Conflict of Interest Code Which Supersedes
All Prior Conflict of Interest Codes and Amendments
Previously Adopted.
A Resolution of the City Council of the City of Cypress,
Ex- Officio Governing Board of Directors of the Cypress
Recreation and Park District, a Subsidiary District of the
City of Cypress, Adopting a Conflict of Interest Code
Which Supersedes All Prior Conflict of Interest Codes
and Amendments Previously Adopted.
9. DESIGN REVIEW COMMITTEE PERMIT NO. 2010-05, A
REQUEST TO MODIFY THE EXISTING SPRINT /NEXTEL
TELECOMMUNICATIONS FACILITY LOCATED AT 5865 KATELLA
AVENUE IN THE PC -3 PLANNED COMMUNITY BUSINESS PARK
ZONE.
Prepared by: Judy Aquino, Assistant Planner
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 2010 -05, 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. 2010 -05
With Conditions.
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October 11, 2010
10. AWARD OF CONTRACT FOR CITYWIDE JANITORIAL SERVICES.
Prepared bv: Bobby Blackburn. Public Works Superintendent
Recommended Action: That the City Council: 1) Award a two -year
service contract starting on November 1, 2010, and continuing to
October 31, 2012, for Citywide Janitorial Services to United
Maintenance Systems with an option for up to two, one year
extensions, and authorize the City Manager to execute the contract
on behalf of the City, and direct the Director of Public Works /City
Engineer to act as Contract Officer; and 2) Approve the increase in
appropriations in the Building Maintenance Civic Center Program
of the City's Central Services Fund by $3,360 to Account No.
711 70624 7624.4187_015 (Building Maintenance Civic Center
Contract Service Private Custodial Services) for the contract
cleaning of the Civic Center outdoor restrooms; and 3) Approve the
increase in estimated revenues to the City's General Fund by $53,334
to Account No. 111 99999.3801 (Park District Administrative Fee);
and 4) Approve the following increases in appropriations for Contract
Cleaning and Wood Floor Re- Screening in the City's General Fund:
Building Maintenance Private Custodial Services for Community
Center (Account No. 111 70228 7232.4187_015) by $16,048;
Building Maintenance Private Custodial Services for Senior Center
(Account No. 111 70228 7231.4187_015) by $12,680; Building
Maintenance Private Custodial Services for Park Buildings (Account
No. 111 70228 7230.4187_015) by $15,606; Building Maintenance
Private Other Contract Maintenance Services Community Center
(Account No. 111 70228 7232.4187_016) by $9,000.
11. ACCEPTANCE OF 2008 EMERGENCY MANAGEMENT
PERFORMANCE GRANT FUNDS AND APPROVAL TO SPEND
SAID FUNDS.
Prepared bv: Mark Yokovama, Chief of Police
Recommended Action: That the City Council: 1) Accept the 2008
Emergency Management Performance Grant check in the amount of
$5,000 from the County of Orange; and 2) Approve an increase to
estimated revenues in the General Fund Grants Fund to Account No.
114- 50183.3525 (grants miscellaneous), in the amount of $5,000
for the 2008 Emergency Management Performance Grant; and
3) Approve the appropriation of $5,000 for the 2008 Emergency
Management Performance Grant to Small Tools and Equipment
Account No. 114 50183.4113, for the purchase of various emergency
services equipment items.
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October 11, 2010
12. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL
YEAR 2009 -10.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council approve additional
appropriations for Fiscal Year 2009 -10 as follows:
Additional Appropriations from the unreserved, undesignated fund
balance of the General Fund to:
Account 111 10105.4189_004 (Legal Services) 39,000
Account 111 10105.4189_005 (Litigation Services) 256,000
Account 111 60193.4001 (Regular Salaries) 43,000
Account 111 60193.4006 (Fringe Applied) 29,000
Additional Appropriation from the fund balance of the Lighting District
No. 2 Fund to:
Account 251 70223.4200 (Electricity) 51,000
Additional Appropriation from the fund balance of the Corporate Center
Maintenance District #1 Fund to:
Account 271 70239.4202 (Water) 2,400
Additional Appropriations from the fund balance of the Supplemental
Law Enforcement Services Fund to:
Account 301 50181.4001 (Regular Salaries) 13,100
Account 301 50181.4006 (Fringe Applied) 11,100
13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS
NO. 15029 THROUGH 15170.
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 2010 -11.
END OF CONSENT CALENDAR
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October 11, 2010
NEW BUSINESS (14)
14. REQUEST FOR FEE WAIVER A REQUEST TO WAIVE THE
TEMPORARY USE PERMIT APPLICATION FEE FOR THE
CALDWELL DENTAL CARE EVENT LOCATED AT 5400 ORANGE
AVENUE IN THE OP OFFICE PROFESSIONAL. ZONE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council discuss the request and
take the appropriate action.
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 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 (15)
15. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL
YEAR 2009 -10.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board approve additional appropriations for Fiscal Year 2009 -10 as
follows:
Additional Appropriation from the fund balance of the Civic Center
Debt Service Fund to:
Account 552 96363.4226 (Property Tax Collection) $2,875
Additional Appropriation from the fund balance of the Lincoln Avenue
Debt Service Fund to:
Account 553 96364.4226 (Property Tax Collection) $4,815
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October 11, 2010
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
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, October 25, 2010,
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
6 day of October, 2010.
1004,uoL. l&bafAann
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, OCTOBER 8, 2010 WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.
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