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Agenda 2012-10-08AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 8, 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. City Council Agendas /Minutes are available at www. ci cypress. ca. us. October 8, 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 /SUCCESSOR AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c)) Number of Cases: One 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 INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY MANAGER CITY ATTORNEY October 8, 2012 Page 3 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. 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 — 7) 1. APPROVAL OF MINUTES. Meetings of September 24 and September 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. October 8, 2012 Page 4 3. PROCLAIMING THE WEEK OF OCTOBER 21 -28, 2012 AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Prepared bv: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of October 21 -28, 2012 as "Red Ribbon Week" in the City of Cypress. 4. CONSIDERATION TO INITIATE THE BIENNIAL REVIEW OF THE CITY OF CYPRESS CONFLICT OF INTEREST CODE. Prepared bv: Denise Basham, City Clerk Recommended Action: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Direct the City Clerk to publish the Notice of Intention to Adopt or Amend a Conflict of Interest Code and direct delivery of the same to all affected employees; and 2) Direct that the 45 -day public comment period commence on Friday, October 12, 2012 and that the same continue through the close of business on Monday, November 26, 2012. 5. ACCEPTANCE OF THE INSTALLATION OF A TRAFFIC SIGNAL AT 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) Accept the Installation of a Traffic Signal at Lincoln Avenue and Sumner Place, Public Works Project No. 2011 -10, as being satisfactorily completed in conformance with the project specifications, in the final amount of $112,911.00; and 2) Approve the final retention payment of $11,291.00 to Macadee Electrical Construction, Chino, California, thirty -five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. October 8, 2012 Page 5 6. ACCEPTANCE OF 2011/12 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2011 -18. Prepared by: Nick Mangkalakiri, Associate Engineer Recommended Action: That the City Council: 1) Accept the 2011/12 Overlay Project, Public Works Project No. 2011 -18, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,097,026.03; and 2) Approve the final retention payment of $54,851.32 to R.J. Noble Company, Orange, California, thirty -five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 7. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 23531 THROUGH 23650. 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 2012 -13. 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. October 8, 2012 Page 6 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, October 22, 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 3rd day of October, 2012. PLUZ-L 4u0f-sa.-ey-i 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, OCTOBER 5, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.