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Agenda 2011-05-23CALL TO ORDER 6:00 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MAY 23, 2011 6:00 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.acypress.ca.us. City Council Agendas /Minutes are available at www.ci.cypress.ca.us. May 23, 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).) CITY OF CYPRESS ITEMS: CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski and Richard Storey Employee Groups: Executive Management Mid Management Non Represented 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 May 23, 2011 Page 3 ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY 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 RECOGNITION OF THE 2010 -11 YOUTH ACTION COMMITTEE PRESENTATION BY ORANGE COUNTY FIRE AUTHORITY ASSISTANT CHIEF BRIAN STEPHENS ON FIRE STATION CONSTRUCTION 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. May 23, 2011 Page 4 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. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -04 AND TENTATIVE TRACT MAP NO. 17390, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT FIFTEEN (15) CONDOMINIUM UNITS ON PROPERTIES LOCATED AT 6122 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2011 -04 and Tentative Tract Map 17390, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2011 -04 With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 17390 With Conditions. JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY: 2. JOINT PUBLIC HEARING TO APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF ORANGE COUNTY. Prepared by: Steven Clarke, Redevelopment Project Manager Recommended Action: That the Agency Board and City Council (as applicable): 1) Hold a Joint Public Hearing on the Disposition and Development Agreement between the Agency and Habitat for Humanity of Orange County in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the Agency Resolution by title only, title as follows, approving the Disposition and Development Agreement; and 3) Adopt the City Council Resolution by title only, title as follows, approving the Disposition and Development Agreement. May 23, 2011 Page 5 A Resolution of the Cypress Redevelopment Agency, Approving a Disposition and Development Agreement Between the Cypress Redevelopment Agency and Habitat for Humanity of Orange County. A Resolution of the City Council of the City of Cypress, Approving a Disposition and Development Agreement Between the Cypress Redevelopment Agency and Habitat for Humanity of Orange County. 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 9) 3. APPROVAL OF MINUTES. Meetings of May 9 and May 16, 2011. 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. APPROPRIATION OF RESERVE FUND BALANCE. Prepared by: Bill Manis, Redevelopment/Economic Development Manager Recommended Action: That the City Council approve the appropriation of $21,925.90 from the reserved Restricted Fund Balance (Promotional Fund) of the General Fund to Account No. 111-60199.4103_013. May 23, 2011 Page 6 6. APPROVAL OF FIVE ADDITIONAL ABOVE GROUND FACILITIES FOR THE AT &T LIGHTSPEED PROJECT. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council approve the installation of five additional above ground facilities (AG Fs) for the AT &T Lightspeed Project. 7. ACCEPTANCE OF THE POINT OF DISPENSING SITE PLANNING SERVICES CONTRACT AMENDMENT. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Accept the amendment to the Point of Dispensing Site Planning Services Contract; and 2) Increase estimated revenues (114-50183.3525 Grants Miscellaneous) in the General Fund Grants Fund for FY 2010 -2011 for the grant total of $13,850; and 3) Approve the following appropriations in the General Fund Grants Fund as follows: 114-50183.4003_014 (Overtime) $5,850, 114-50183.4113 (Small Tools) $4,000, and 114-50183.4116 (Computer Supplies) $4,000. 8. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 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 April, 2011. 9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17708 THROUGH 17896. 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 May 23, 2011 Page 7 NEW BUSINESS No items. 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. ITEMS FROM CITY COUNCIL MEMBERS •Reports on Committee Assignments •Other Items ITEMS FROM CITY MANAGER May 23, 2011 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, June 13, 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 18 day of May, 2011. ter fue, OCR )r) 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, MAY 20, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. Page 8