Agenda 2011-04-25CALL TO ORDER 6:30 P.M.
Council Chambers
ROLL CALL
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, APRIL 25, 2011
6:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
MAYOR/AGENCY CHAIR LEROY MILLS
MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
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 and the City's website at www.ci.cypress.ca.us.
City Council Agendas /Minutes are available at www.ci.cypress.ca.us.
April 25, 2011 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).)
ROLL CALL
PLEDGE OF ALLEGIANCE
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 Numbers 30- 2008 00103466 and 30- 2009 00118968
Orange County Superior Court
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
MAYOR/AGENCY CHAIR LEROY MILLS
MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
April 25, 2011
INVOCATION
PRESENTATIONS INTRODUCTION OF NEW CYPRESS POLICE
OFFICER LEONA DAVIS
RECOGNITION OF CYPRESS POLICE OFFICER
PAULO MORALES CRIME SURVIVORS
AWARD
RECOGNITION OF MARY KAY INC. FOR THEIR
SUPPORT OF CITY AND COMMUNITY PROGRAMS
PRESENTATION OF RESOLUTION OF
APPRECIATION FROM THE ORANGE COUNTY
TRANSPORTATION AUTHORITY
PRESENTATION BY THE ORANGE COUNTY
SHERIFF'S ADVISORY COUNCIL ON PEACE
OFFICERS MEMORIAL
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.
Page 3
April 25, 2011 Page 4
PUBLIC HEARINGS (1)
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 GENERAL PLAN AMENDMENT
NO. 2011 -01 AND ZONING ORDINANCE AMENDMENT NO. 2011 -01,
A CITY INITIATED ACTION TO AMEND THE CITY'S GENERAL PLAN
AND ZONING ORDINANCE TO COMPLY WITH CURRENT NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
REQUIREMENTS.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council adopt the Resolution
by title only, title as follows, approving General Plan Amendment
No. 2011 -01 and introduce for first reading the Ordinance by title only,
title as follows, approving Zoning Ordinance Amendment No. 2011 -01.
A Resolution of the City Council of the City of Cypress,
Adopting General Plan Amendment No. 2011 -01,
Adopting Additional Water Quality Goals and Policies
Within the Land Use and Conservation /Open Space/
Recreation Elements of the City's General Plan.
An Ordinance of the City Council of the City of Cypress,
Adopting Zoning Ordinance Amendment No. 2011 -01
to Modify Section 3.10.130 of the Cypress Zoning Code.
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 (2 15)
2. APPROVAL OF MINUTES.
Meeting of April 11, 2011.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
April 25, 2011
4. SECOND READING OF ORDINANCE AMENDING CHAPTER 3 OF
THE CYPRESS MUNICIPAL CODE "ANIMALS AND FOWL
RELATING TO THE RESTRAINT OF DOGS AND DECLARATION
AND POSSESSION OF VICIOUS OR POTENTIALLY DANGEROUS
DOGS IN THE CITY OF CYPRESS.
Prepared by: Andrew Tse, Administrative Services Manager
Recommended Action: That the City Council adopt the Ordinance by
title only, title as follows, amending Chapter 3 of the Cypress Municipal
Code "Animals and Fowl relating to the restraint of dogs and
declaration and possession of vicious or potentially dangerous dogs in
the City of Cypress.
An Ordinance of the City Council of the City of Cypress,
California, Amending Chapter 3 of the Cypress Municipal
Code "Animals and Fowl Relating to the Restraint of
Dogs and Declaration and Possession of Vicious or
Potentially Dangerous Dogs in the City of Cypress.
5. ADOPTION OF A RESOLUTION AUTHORIZING DOGS TO BE UPON
CERTAIN PUBLIC SPACES.
Prepared by: Andrew Tse, Administrative Services Manager
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, authorizing dogs to be upon certain public
spaces.
A Resolution of the City Council of the City of Cypress,
Authorizing Dogs to be Upon Certain Public Spaces.
6. PROCLAIMING THE WEEK OF MAY 15 -21, 2011 AS "NATIONAL
POLICE WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
week of May 15 -21, 2011 as "National Police Week" in the City of
Cypress.
7. PROCLAIMING THE WEEK OF MAY 15 -21, 2011 AS "NATIONAL
PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
week of May 15 -21, 2011 as "National Public Works Week" in the City
of Cypress.
Page 5
April 25, 2011
8. PROCLAIMING THE WEEK OF MAY 1 -7, 2011 AS "MUNICIPAL
CLERKS WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
week of May 1 -7, 2011 as "Municipal Clerks Week" in the City of
Cypress.
9. APPROVAL OF AMENDMENT TWO TO COOPERATION
AGREEMENT TO ALLOW PARTICIPATION IN THE URBAN COUNTY
CDBG AND HOME PROGRAMS FOR FISCAL YEARS 2012 -2014.
Prepared by: Steven Clarke, Redevelopment Project Manager
Recommended Action: That the City Council: 1) Authorize the City's
continued participation in the Urban County CDBG and HOME
Programs for Fiscal Years 2012 -2014 through adoption of the
Resolution by title only, title as follows, approving Amendment Two
to the Cooperation Agreement with the County of Orange; and
2) Authorize the Mayor to sign Amendment Two on behalf of the
Cypress City Council.
A Resolution of the City Council of the City of Cypress,
Approving the City's Participation in the Housing and
Community Development Block Grant and HOME
Programs with the County of Orange.
10. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE
2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT
NO. 2010 -14.
Prepared by: Nick Mangkalakiri, Associate Engineer
Recommended Action: That the City Council: 1) Award a contract for
the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14,
in the amount of $1,094,985, to the lowest responsible bidder
Sully Miller Contracting, authorize a contingency of $164,248 (15% of
bid amount), and direct the Director of Public Works /City Engineer to
issue any necessary change orders to complete additional work within
budgetary authority; and 2) Approve a Task Order for Construction
Inspection Services, in the amount of $96,385, within the existing
agreement for On -Call Construction Management/Inspection /Engineering
Services, for the 2010/11 Slurry Seal Project, Public Works Project
No. 2010 -14, to Jacobs Field Services North America, Inc. (Jacobs),
authorize a contingency of $14,458 (15% of contract amount) to be used
for unforeseen work, and direct the Director of Public Works /City
Engineer to act as Contract Officer.
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April 25, 2011 Page 7
11. AWARD OF CONTRACT FOR REPLACEMENT OF PERSONAL
COMPUTERS AND MICROSOFT SOFTWARE.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council: 1) Approve an award of
contract for 155 desktop computers and 15 notebook computers to
GST, 13043 East 166 Street, Cerritos, CA 90703, for an amount not to
exceed $109,932.37; and 2) Approve an award of contract for ten
desktop computers and Microsoft software licenses to PC Mall Gov,
Inc., 2555 W. 190 Street, Torrance, CA 90504, for an amount not to
exceed $118,809.11.
12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH,
2011.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the
Investment Report for the month of March, 2011.
13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS
NO. 17404 THROUGH 17550.
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.
Recreation Park District Matters:
14. ACCEPTANCE OF MARY KAY DONATION AND APPROPRIATION
OF FUNDS FOR PURCHASE OF AN ARBOR DAY TREE FOR A
CITY PARK.
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 of the Cypress Recreation and Park
District: 1) Formally accept a donation in the amount of $250.00 from
Mary Kay; and 2) Increase estimated revenue to 3713 -12 (Donations)
by $250.00 and increase appropriations by $250.00 to
212 90301.4103_004 (Activity Supplies) for the purchase of an Arbor
Day tree for placement in a City park.
April 25, 2011 Page 8
15. APPROVAL OF FUND TRANSFER FOR A CITY SPONSORED
CONCERT TO BE HELD ON JUNE 11, 2011.
Prepared by: June Liu, Director of Recreation and Community
Services
NEW BUSINESS
Recommended Action: That the City Council, acting as the ex officio
governing Board of Directors of the Cypress Recreation and Park
District, appropriate a total of $3,500 from the Recreation and Park
District Unreserved General Fund to the following accounts: a) $2,400
to account 212 90314.4187_024 (Contract Services) for entertainment,
sound, and lighting and b) $1,100 to account 212 90314.4103_004 for
signage and supplies.
No items.
END OF CONSENT CALENDAR
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.
No items.
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.
April 25, 2011 Page 9
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, May 9, 2011,
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
20 day of April, 2011.
)O&e, %AA()
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, APRIL 22, 2011 WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.