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.