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Agenda 2013-09-09AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 9, 2013 6:00 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. City Hall Directory: Administration — (714) 229 -6680 admin@ci.cypress.ca.us Finance — (714) 229 -6700 fin a(7ci. cypress. ca. us Community Development — (714) 229 -6720 cdd@ci.cypress.ca.us Public Works — (714) 229 -6740 pw(@,ci.cypress.ca.us Police — (714) 229 -6600 cypd(d ci.cypress.ca.us Recreation — (714) 229 -6780 ctpd@ci.cypress.ca.us City Council Agendas /Minutes are available at www.ci.cypress.ca.us. CALL TO ORDER ROLL CALL 6:00 P.M. Council Chambers MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC September 9, 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. 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 262- 461 -05, Located at 8721 Cypress Street Negotiating Party: City Manager Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski and Richard Storey Employee Groups: Cypress Police Officers Association RECONVENE 7:00 P.M. Council Chambers September 9, 2013 Page 3 ROLL CALL MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC 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. Speakers and members of the audience are asked to please observe meeting decorum by using courteous and professional language at all times, refraining from clapping, whistling, etc. in response to a speaker's comments, and allowing speakers to provide comments without interruption. September 9, 2013 Page 4 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. 2013 -04, A REQUEST TO OPERATE A PRIVATE GYM/WORKOUT FACILITY WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4107 BALL ROAD IN THE CG 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. 2013 -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. 2013 -04 — With Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013 -05 AND TENTATIVE TRACT MAP NO. 17629, A REQUEST TO COMBINE TWO LOTS INTO A ONE -LOT SUBDIVISION AND CONSTRUCT 19 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6178 -6182 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2013 -05 and Tentative Tract Map No. 17629, subject to the conditions in Exhibit "A" of the Resolutions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2013 -05 — With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 17629 — With Conditions. September 9, 2013 Page 5 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 August 26, 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. APPROVAL OF FISCAL YEAR 2012 -13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2013 -14. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council: 1. Authorize the appropriation of funds in Fiscal Year 2013 -14 for the carryover items as detailed in Attachment A and summarized as follows: 111 General Fund $ 373,572 114 General Fund Grants 459,359 232 Gas Tax 2106 Fund 163,939 234 Traffic Mitigation Assessment Fund 1,986,264 251 Lighting District #2 Fund 10,000 261 Storm Drainage Fund 3,516 281 Narcotics Asset Seizure Fund 16,490 321 Sewer Fund 2,147,323 415 Capital Projects Fund 4,530,903 713 Information Systems Fund 59,330 721 Capital Replacement Fund 109,683 TOTAL $ 9,860,379 September 9, 2013 Page 6 2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2013 -14 as listed below: FROM 235 Regional Traffic Fee 236 Measure M Gas Tax 281 Narcotics Asset Seizure 281 Narcotics Asset Seizure TOTAL TO 111 General Fund 232 Gas Tax 2106 415 Capital Projects 721 Capital Replacement AMOUNT $ 900 450,626 391,379 12,401 $ 855,306 3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2013 -14: 114 General Fund Grants [114- 20121.3525/114- $ 462,359 50183.3525] 232 Gas Tax 2106 Fund [232- 99999.3525] 347,743 415 Capital Projects Fund [415- 99999.3525] 79,355 TOTAL $ 889,457 4. Authorize the appropriation of funds in Fiscal Year 2013 -14 for items encumbered at June 30, 2013 as detailed in Attachment B and summarized below: 111 General Fund 114 General Fund - Grants 232 Gas Tax 2106 Fund 234 Traffic Mitigation Fund 262 Plan Local Drain Facility Fund 281 Narcotics Asset Seizure Fund 321 Sewer Fund 415 Capital Projects Fund 721 Capital Replacement Fund TOTAL $ 52,836 6,000 1,935,383 77,738 360,860 8,313 3,790,801 7,087,715 131,686 $ 13,451, 332 6. APPROPRIATION OF FUNDS FOR POLICE ACADEMY RECRUIT TRAINING. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council approve the following appropriations in the General Fund for Fiscal Year 2013 -14 as follows: 111- 50167.4220 111 - 50167.4103_008 111- 50167.4113 111- 50167.4113 111- 50167.4113 (P.O.S.T. Training) (Ammunition) (Uniforms) (Leather Gear) (Duty Holsters) $19,635 $13,270 $ 5,110 $ 1,775 $ 975 September 9, 2013 Page 7 7. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2012 -13 AND 2013 -14 FOR WARRANTS NO. 27160 THROUGH 27312. 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 Years 2012 -13 and 2013 -14. Recreation and Park District Matters: 8. APPROVAL OF FISCAL YEAR 2012 -13 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2013 -14. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1. Authorize the appropriation of funds in Fiscal Year 2013 -14 for items encumbered at June 30, 2013 as detailed in Attachment A and summarized below: 212 CRPD General Fund $ 43,577 2. Authorize the appropriation of funds in Fiscal Year 2013 -14 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 212 CRPD General Fund 725 CRPD Central Services Fund $ 1,509,848 $11,500 3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2013 -14 as listed below: FROM TO AMOUNT 213 Park Development Fund 212 General Fund $ 272,078 END OF CONSENT CALENDAR September 9, 2013 Page 8 NEW BUSINESS (9) 9. ADOPTION OF A RESOLUTION ESTABLISHING AN AD HOC SUBCOMMITTEE FOR THE SOLID WASTE AND RECYCLING SERVICES COMPETITIVE PROCUREMENT PROCESS. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, appointing two (2) members of the City Council to the Solid Waste and Recycling Services Competitive Procurement Process City Council Subcommittee, and establishing the duties and duration of said Ad Hoc Subcommittee. A Resolution of the City Council of the City of Cypress Establishing an Ad Hoc Subcommittee for the Solid Waste and Recycling Services Procurement Process. 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 September 9, 2013 Page 9 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be an adjourned Regular Meeting, to be held on Monday, September 23, 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 4th day of September, 2013. 14uuaz Ewv\ 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, SEPTEMBER 6, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.