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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. Page 6 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.