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Agenda 2012-03-26AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 26, 2012 6:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P. M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:30 P.M. Council Chambers 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. L Cit Council A endas /Minutes are available at www. ci, c ress. ca. us. March 26, 2012 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 — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Pulsifer v. City of Cypress Case Number 30- 2011 - 00467319 Orange County Superior Court 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 PLEDGE OF ALLEGIANCE LAURYN AND ERYNN SWEENEY ST. IRENAEUS "MAYOR FOR A DAY" INVOCATION March 26, 2012 Page 3 PRESENTATIONS RECOGNITION OF LAURYN AND ERYNN SWEENEY AS ST. IRENAEUS "MAYOR FOR A DAY" PRESENT PROCLAMATION TO THE WEST CITIES POLICE COMMUNICATIONS CENTER PROCLAIMING THE WEEK OF APRIL 9 -15, 2012 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS PRESENT PROCLAMATION TO DONATE LIFE CALIFORNIA PROCLAIMING THE MONTH OF APRIL 2012 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS 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 26, 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 — 13) 1. APPROVAL OF MINUTES. Meeting of March 12, 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. PROCLAIMING THE WEEK OF APRIL 9 -15, 2012 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of April 9 -15, 2012 as "National Public Safety Dispatcher Week" in the City of Cypress. 4. PROCLAIMING THE MONTH OF APRIL 2012 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the month of April 2012 as "DMV /Donate Life California Month" in the City of Cypress. 5. ORANGE COUNTY TREASURER -TAX COLLECTION REVENUE AND TAXATION CODE SECTION 3700 NOTIFICATION. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council consent to the sale of tax - defaulted properties and direct staff to draft a written response to the Orange County Office of the Treasurer -Tax Collector by the due date of April 16, 2012. March 26, 2012 Page 5 6. REQUEST FOR FEE WAIVER — A REQUEST TO WAIVE OR REDUCE THE TEMPORARY USE PERMIT APPLICATION FEE FOR THE ANNUAL AMERICAN LEGION CLASSIC CAR AND MOTORCYCLE SHOW SCHEDULED FOR MAY 20, 2012 AT 5646 CORPORATE AVENUE IN THE PC -5 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council discuss this request and either waive or reduce the $300.00 Temporary Use Permit application fee for the annual American Legion Classic Car and Motorcycle Show. 7. ACCEPTANCE OF 2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2010 -14. Prepared by: Nick Mangkalakiri, Associate Civil Engineer Recommended Action: That the City Council: 1) Accept the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,087,450.27; and 2) Approve the final retention payment of $108,745.03 to Sully- Miller Contracting Co., Brea, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the 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. 8. CONSIDERATION OF DEFERRING CONSTRUCTION OF MYRA AVENUE PUMP STATION NO. 3, PUBLIC WORKS PROJECT NO. 22. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council continue to defer construction of Myra Avenue Pump Station No. 3, Public Works Project No. 22, until the Fiscal Year 2012 -13 Budget Workshop in May 2012. March 26, 2012 Page 6 9. ADOPTION OF A RESOLUTION SUPPORTING SENATE BILL 1364 RELATING TO WATER CORPORATIONS. Prepared by: Gonzalo Vazquez, Water Quality Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, supporting Senate Bill 1364 (Huff) relating to water corporations. A Resolution of the City Council of the City of Cypress, California, Supporting Senate Bill 1364 Relating to Water Corporations. 10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2012. 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 February, 2012. 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 21280 THROUGH 21446. 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. Recreation and Park District Matters: 12. 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 for 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. March 26, 2012 Page 7 13. APPROVAL OF FUND TRANSFER FOR FIELD REPAIRS AT ARNOLD CYPRESS 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 for the Cypress Recreation and Park District, appropriate $11,985 from the Recreation and Park District Unreserved General Fund to account 111 - 70228 - 7229.4187_030 Contract Services Private (Athletic Field Maintenance) in order to conduct field repairs at Arnold Cypress Park. 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 26, 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, April 9, 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 21st day of March, 2012. 11A- at, - a41,1 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 23, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.