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Agenda 2012-07-23AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JULY 23, 2012 6:00 P.M.; 7:00 P.M. Public Hearings at 7:00 P. M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 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. City Council Agendas/Minutes are available at www. ci. cypress. ca. us. July 23, 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 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 Under Negotiation: Price and Terms of Payment 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 LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Karla Ramirez and Mario Ramirez v. City of Cypress, et al. Case No. 30- 2012 - 00576917 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 July 23, 2012 Page 3 PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY MANAGER 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 (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012 -04, A REQUEST TO ESTABLISH A FITNESS CENTER WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 9851 WALKER STREET IN THE CG- 10,000 COMMERCIAL GENERAL ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012 -04, 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. 2012 -04 - With Conditions. July 23, 2012 Page 4 2. PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2012 -13. CITY OF CYPRESS PROJECT NO. 8615 -90. Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council hold the required public hearing and adopt the Resolution by title only, title as follows, ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2012 -13, pursuant to the Landscaping and Lighting Act of 1972. A Resolution of the City Council of the City of Cypress, California, Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2012 -13, Pursuant to the Landscaping and Lighting Act of 1972, and Confirming the Diagram and Assessment Thereof. 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 — 8) 3. APPROVAL OF MINUTES. Meeting of July 9, 2012. 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. DEPOSIT /REIMBURSEMENT AGREEMENT. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council authorize the Mayor to execute the agreement. July 23, 2012 Page 5 6. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CYPRESS MUNICIPAL CODE § 21A -1 REGARDING THE PAYMENT OF PREVAILING WAGES. Prepared by: William Wynder, City Attorney Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending the Cypress Municipal Code to exempt the City from the payment of prevailing wages under certain circumstances. An Ordinance of the City Council of the City of Cypress, Amending Cypress Municipal Code § 21A -1 Regarding the Payment of Prevailing Wages. 7. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 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 June, 2012. 8. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011 -12 AND 2012 -13 FOR WARRANTS NO. 22734 THROUGH 22875. 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 Years 2011 -12 and 2012 -13. END OF CONSENT CALENDAR NEW BUSINESS No items. July 23, 2012 Page 6 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. ITEMS FROM CITY COUNCIL MEMBERS •Reports on Committee Assignments •Other Items ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be an adjourned Regular Meeting, to be held on Monday, July 30, 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 18th day of July, 2012. Denise Basham, City Clerk July 23, 2012 Page 7 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, JULY 20, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.