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Agenda 2012-03-12AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 12, 2012 5:00 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:00 P.M. Executive Board Room ROLL CALL MAYOR DOUG BAILEY MAYOR PRO TEM PRAKASH NARAIN COUNCILMEMBER PHIL LUEBBEN COUNCILMEMBER LEROY MILLS COUNCILMEMBER TODD SEYMORE ORAL COMMUNICATIONS The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, 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 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. March 12, 2012 Page 2 WORKSHOP SESSION PARS SUPPLEMENTAL RETIREMENT PROGRAM 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 — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Cypress School District v. City of Cypress Case Number 30- 2011 - 00522871 Orange County Superior Court CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 242 - 332 -01, Located at 4545 Myra Avenue Negotiating Party: City Manager and Director of Community Development Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers ROLL CALL MAYOR DOUG BAILEY MAYOR PRO TEM PRAKASH NARAIN COUNCILMEMBER PHIL LUEBBEN COUNCILMEMBER LEROY MILLS COUNCILMEMBER TODD SEYMORE March 12, 2012 Page 3 PLEDGE OF ALLEGIANCE CAMP FIRE USA: "Elsus Club" Lisa Gonzalez and Katherine Kearney, Leaders INVOCATION 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 on any matters within the jurisdiction of the City Council, 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 Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. No items. March 12, 2012 Page 4 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 (1 — 10) 1. APPROVAL OF MINUTES. Meeting of February 27, 2012. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 2. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3. SECOND READING OF AN ORDINANCE ADDING A NEW CHAPTER 17 -74 TO THE CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED "REGISTERED SEX OFFENDER RESTRICTIONS." Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, adding a new Chapter 17 -74 to the Cypress Municipal Code, the same to be entitled "Registered Sex Offender Restrictions." An Ordinance of the City Council of the City of Cypress, California, Enacting Chapter 17 -74 of the Cypress Municipal Code, the Same to be Titled "Registered Sex Offender Restrictions" Ordinance. March 12, 2012 Page 5 4. DESIGN REVIEW COMMITTEE PERMIT NO. 2012 -01, A REQUEST TO CONSTRUCT A PRE - FABRICATED METAL OFFICE BUILDING LOCATED AT 5300 CYPRESS STREET IN THE PC PLANNED COMMUNITY ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2012 -01, 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. 2012 -01 - With Conditions. 5. ACCEPTANCE OF SEWER REHABILITATION ON WATSON STREET, DE LONG STREET, AND CRESCENT AVENUE, PUBLIC WORKS PROJECT NO. 2009 -13. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept Sewer Rehabilitation on Watson Street, DeLong Street, and Crescent Avenue, Public Works Project No. 2009 -13, as being satisfactorily completed in conformance with the project specifications, in the final amount of $380,417.30; and 2) Authorize the City Clerk to release the Labor and Materials Bond and Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 6. AUTHORIZE AN INCREASE IN ESTIMATED REVENUES AND APPROPRIATION OF FUNDS DUE TO RECEIPT OF GRANTS FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY. Prepared by: Nick Mangkalakiri, Associate Engineer Recommended Action: That the City Council: 1) Authorize an increase in Estimated Revenues by $27,398 in Account No. 234 - 99999.3525 (Other Grants) for the receipt of Arterial Capacity Enhancement (ACE) funds from the Orange County Transportation Authority (OCTA); and 2) Authorize the appropriation of ACE funds received from OCTA in the amount of $27,398 to Account No. 234 - 80100 - 8013.4186, for design services of the Cerritos Avenue Widening; and 3) Authorize an increase in Estimated Revenues by $99,167 in Account No. 261- 99999.3525 (Other Grants) for the receipt of Environmental Cleanup Program (ECP) funds from OCTA; and 4) Authorize the appropriation of ECP funds received from OCTA in the amount of $99,167 to Account No. 261- 80300 - 8032.4186, for City -wide installation of automatic retractable screens (ARS). March 12, 2012 Page 6 7. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF LINCOLN AVENUE AND SUMNER PLACE, PUBLIC WORKS PROJECT NO. 2011 -10. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Award a construction contract for Traffic Signal Installation at the Intersection of Lincoln Avenue and Sumner Place, Public Works Project No. 2011 -10, to the lowest responsible bidder, Macadee Electrical Construction, Inc., Chino, California, in the amount of $99,960; and authorize a contingency of $14,994 (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 $16,689 within the agreement for On -Call Construction Management/Inspection /Engineering Services, for the Traffic Signal Installation at the Intersection of Lincoln Avenue and Sumner Place, Public Works Project No. 2011 -10, to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $2,503 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. 8. ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2011. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Auditor's Letter to City Council. 9. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2011. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2011. March 12, 2012 Page 7 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 21135 THROUGH 21279. 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. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. No items. SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council 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. March 12, 2012 Page 8 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, March 26, 2012, 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 7th day of March, 2012. (0.60-ba— cuo4‘ioallA 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, MARCH 9, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.