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Agenda 2011-11-14AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 14, 2011 5:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P. M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Council Chambers ROLL CALL 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. 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 it? 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. November 14, 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 LEGAL COUNSEL — ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(1) & (3)(A) Number of Cases: Two CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(e) Number of Cases: One CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) People of the State of California v. Effat Youssef Case Number 11WM13841 Orange County Superior Court, West Justice Center CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 222 - 031 -05, 06, 07, 08, 09, and 10, 222 - 032 -03 and 04, 222 - 033 -01, 02, 03, and 04, 222 - 034 -01, 02, 03, 04, 05, and 06, and 222 - 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company Party Negotiating With: Warland Investments Company Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development Under Negotiation: Terms and Conditions of Development Agreement November 14, 2011 Page 3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive, Located at the Northwest Corner of Katella Avenue and Winners Circle Negotiating Party: Director of Community Development Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS 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 INTRODUCTION OF NEW CYPRESS POLICE LIEUTENANT STEVEN RAMSEY ORANGE COUNTY HUMAN RELATIONS COUNCIL ANNUAL UPDATE REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY November 14, 2011 Page 4 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. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2011 -02, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060.H.2, 4.19.070.H.3, AND 4.19.080.1.2, OF THE CYPRESS ZONING CODE RELATED TO INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL USE PERMITS, AND VARIANCES. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2011 -02. An Ordinance of the City Council of the City of Cypress, Adopting Zoning Ordinance Amendment No. 2011 -02 to Modify Sections 4.19.060.H.2, 4.19.070.H.3, and 4.19.080.1.2 of the Cypress Zoning Code. November 14, 2011 Page 5 2. PUBLIC HEARING REGARDING REVIEW OF THE FISCAL YEAR 2012 -2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council: 1) Hold a public hearing to review the project list for Community Development Block Grant (CDBG) funding for Fiscal Year 2012 -2013 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City's participation in the Fiscal Year 2012 -2013 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request 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 Fiscal Year 2012 -2013 Housing and Community Development Block Grant (CDBG) Program with the County of Orange. 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 October 24, 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. November 14, 2011 Page 6 5. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS MUNICIPAL CODE ENTITLED CYPRESS WATER QUALITY. Prepared by: Gonzalo Vazquez, Water Quality Manager Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress Water Quality defining "Illegal Discharges" and establishing a list of discharge exemptions pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress Water Quality. 6. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS MUNICIPAL CODE ENTITLED CYPRESS WATER QUALITY. Prepared by: Gonzalo Vazquez, Water Quality Manager Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending Chapter 13, Article IV of the Cypress Municipal Code entitled Cypress Water Quality. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress Water Quality. 7. PROCLAIMING NOVEMBER 2, 2011 AS "LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF CYPRESS. Prepared by: Denise Basham City Clerk Recommended Action: That the City Council officially proclaim November 2, 2011 as "Law Enforcement Records and Support Personnel Day" in the City of Cypress. November 14, 2011 Page 7 8. PROCLAIMING THE MONTH OF NOVEMBER 2011 AS "PANCREATIC CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the month of November 2011 as "Pancreatic Cancer Awareness Month" in the City of Cypress. 9. PROCLAIMING THE WEEK OF NOVEMBER 15 -21, 2011 AS "ENTREPRENEURSHIP WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of November 15 -21, 2011 as "Entrepreneurship Week" in the City of Cypress. 10. FILING OF LETTER OF NOTICE FROM CONSOLIDATED DISPOSAL SERVICE FORGOING RATE INCREASES FOR FY 2011 -12. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council receive and file the letter of notice from Consolidated Disposal Service. 11. APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2010 JUSTICE ASSISTANCE GRANT (JAG). Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council: 1) Approve an increase to the estimated revenues in the General Fund Grants Fund account 114- 99999.3525 (other grants) in the amount of $8,774 for the 2010 Justice Assistance Grant (JAG) program; and 2) Approve the appropriation of $8,774 from the unreserved fund balance of the General Fund Grants Fund to account 114 - 50183.4113 (small tools and equipment) for the purchase of crime scene investigation (CSI) cameras and electronic control devices from the 2010 JAG program. November 14, 2011 Page 8 12. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE FIBER OPTIC INSTALLATION AND UPGRADE TO CCTV SYSTEM ON KATELLA/CERRITOS/WALKER/BALL (PHASE 2) PROJECT, PUBLIC WORKS PROJECT NO. 2010 -09. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Award a construction contract for the Fiber Optic Installation and Upgrade to CCTV System on Katella /Cerritos/Walker /Ball (Phase 2) Project, Public Works Project No. 2010 -09, in the amount of $395,500 to the lowest responsible bidder, Pro Tech Engineering, Corona Del Mar, California, authorize a contingency of $59,325 (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 Management and Inspection Services, in the amount of $38,554, within the agreement for On -Call Construction Management/Inspection /Engineering Services, for the Fiber Optic Installation and Upgrade to CCTV System on Katella /Cerritos/Walker / Ball (Phase 2) Project, Public Works Project No. 2010 -09, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $5,780 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 19764 THROUGH 20091. 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 2011 -12. END OF CONSENT CALENDAR NEW BUSINESS No items. November 14, 2011 Page 9 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 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, November 28, 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 Stn day of November, 2011. n ThttOL- Denise Basham, City Clerk November 14, 2011 Page 10 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 THURSDAY, NOVEMBER 10, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.