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Agenda 2013-04-08AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 8, 2013 4:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA 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. Administration — (714) 229 -6680 admin(c�ci. cypress. ca. us Finance — (714) 229 -6700 fin(a�ci. c ypress. ca. us Community Development — (714) 229 -6720 cdd(d ci.cypress.ca.us City Hall Directory: Public Works — (714) 229 -6740 pw(dd.ci. cypress. ca. us Police — (714) 229 -6600 cypd dC�ci. cypress. ca. us Recreation — (714) 229 -6780 crpd(ci. cypress. ca. us City Council Agendas /Minutes are available at www.ci.cypress.ca.us. CALL TO ORDER ROLL CALL 4:30 P.M. Executive Board Room MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC April 8, 2013 Page 2 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. WORKSHOP CONSIDERATION OF NON - PROFIT CONTRIBUTION SESSION GRANT REQUESTS FOR FISCAL YEARS 2013 -14 AND 2014 -15 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 LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski and Richard Storey Employee Groups: Police Management Association CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956(d)(2) Number of Cases: One CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 262- 461 -05, Located at 8721 Cypress Street Negotiating Party: City Manager Under Negotiation: Price and Terms of Payment April 8, 2013 Page 3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 244 - 092 -30, Located at 9470 Moody Street Negotiating Party: City Manager Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC PRESENTATIONS PRESENT PROCLAMATION TO THE WEST CITIES POLICE COMMUNICATIONS CENTER PROCLAIMING THE WEEK OF APRIL 15 -21, 2013 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY April 8, 2013 Page 4 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 VARIANCE NO. 2013 -01, A REQUEST TO ALLOW A THREE FOOT SIX INCH SIDE YARD BUILDING SETBACK FOR A SINGLE -STORY RESIDENTIAL ROOM ADDITION PROJECT LOCATED AT 8702 BELMONT STREET IN THE RM -20 RESIDENTIAL MULTIPLE - FAMILY ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Variance No. 2013 -01, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Granting a Variance From the Terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2 -3 to Allow a Three Foot Six Inch Side Yard Building Setback for a Single -Story Residential Room Addition Project Located at 8702 Belmont Street in the RM -20 Residential Multiple - Family Zone — With Conditions. April 8, 2013 Page 5 2. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2013 -01, A CITY INITIATED PROPOSAL TO ADD A DEFINITION FOR GROUP HOMES AND TO ADD TEXT TO THE EXISTING DEFINITIONS FOR COMMUNITY CARE FACILITIES AND RESIDENTIAL CARE FACILITIES. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2013 -01. An Ordinance of the City Council of the City of Cypress, California, Amending Sections 6.31.020.C, 6.31.020.G, and 6.31.020.R of the Cypress Zoning Ordinance, Adding a Definition for Group Homes and Adding Text to Existing Definitions for Community Care Facilities and Residential Care Facilities. 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 — 9) 3. APPROVAL OF MINUTES. Meeting of March 25, 2013. 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. PROCLAIMING THE WEEK OF APRIL 7 -13, 2013 AS "CHILDHOOD CANCER AWARENESS WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of April 7 -13, 2013 as "Childhood Cancer Awareness Week" in the City of Cypress. April 8, 2013 Page 6 6. PROCLAIMING APRIL 13, 2013 AS "ARBOR DAY" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim April 13, 2013 as "Arbor Day" in the City of Cypress. 7. PROCLAIMING THE WEEK OF APRIL 15 -21, 2013 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 15 -21, 2013 as "National Public Safety Dispatcher Week" in the City of Cypress. 8. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 77 AND 2010 -07. Prepared by: Nick Manqkalakiri, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for Sewer Rehabilitation at Various Locations, Public Works Project No. 77 and 2010 -07, in the amount of $1,273,200, to the lowest responsible bidder, MMC, Inc., La Palma, California; authorize a contingency of $191,000 (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 $153,910, within the existing agreement for On -Call Construction Management/Engineering Support/Testing and Inspection Services, for Sewer Rehabilitation at Various Locations, Public Works Project No. 77 and 2010 -07, to AKM Consulting Engineers (AKM); authorize a contingency of $23,100 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. April 8, 2013 Page 7 9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 25469 THROUGH 25626. Prepared by: Richard Storey, 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 (10) 10. PROPOSED AMENDMENTS TO LEAGUE OF CALIFORNIA CITIES BYLAWS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council provide voting direction on the proposed amendments to the League of California Cities Bylaws. RECREATION & PARK DISTRICT MATTERS (11) The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. 11. REQUEST BY THE ROTARY CLUB OF CYPRESS FOR A FACILITY FEE REFUND. (Council Member Bailey) Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, provide staff with direction in considering a request by the Rotary Club of Cypress for a facility fee refund in the amount of $540 to conduct a Cinco de Mayo function at the Cypress Community Center. SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. April 8, 2013 Page 8 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, April 22, 2013 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 April, 2013. Eu L 2 3I'4 rv1 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, APRIL 5, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.