Agenda 2014-03-10AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, MARCH 10, 2014
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(c�ci. cypress. ca. us
Finance — (714) 229 -6700
fin a(�ci. cypress. ca. us
Community Development — (714) 229 -6720
cdd a(�ci. cypress. ca. us
Public Works — (714) 229 -6740
pw(a�ci. cypress. ca. us
Police — (714) 229 -6600
cypd(d ci.cypress.ca.us
Recreation — (714) 229 -6780
crpd(a 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 LEROY MILLS
MAYOR PRO TEM ROB JOHNSON
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER PRAKASH NARAIN
COUNCILMEMBER MARIELLEN YARC
March 10, 2014 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:
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
To Consider the Appointment of an Employee to the
Position of City Manager
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
MAYOR LEROY MILLS
MAYOR PRO TEM ROB JOHNSON
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER PRAKASH NARAIN
COUNCILMEMBER MARIELLEN YARC
PLEDGE OF ALLEGIANCE CAMP FIRE USA
"The S'Mores"
March 10, 2014 Page 3
INVOCATION
PRESENTATIONS
RECOGNITION OF CYPRESS STUDENTS
NOMINATED BY CONGRESSMAN
LOWENTHAL FOR APPOINTMENTS TO
U.S. SERVICE ACADEMIES
- Andrew Chaidez, U.S. Air Force
Academy
- Natalie de Leon, U.S. Naval Academy
- Karen Kim, U.S. Military Academy
- Robert Niscior, U.S. Naval Academy
- Matthew Nulk, U.S. Naval Academy
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.
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.
March 10, 2014 Page 4
PUBLIC HEARINGS (1 - 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council.
1. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 98 -11, A REQUEST TO ALLOW
OUTDOOR DINING WITHOUT BEER AND WINE SERVICE AT AN
EXISTING RESTAURANT LOCATED AT 9921 WALKER STREET IN
THE CG COMMERCIAL GENERAL ZONE.
Prepared by: Kori Sanders, Associate Planner
Recommended Action: That the City Council adopt the Resolution
by title only, title as follows, approving Amendment to Conditional Use
Permit No. 98 -11, subject to the conditions in Exhibit "A" of the
Resolution. In accordance with CEQA guidelines, a Categorical
Exemption, Class 1(a) will be filed for this project.
A Resolution of the City Council of the City of Cypress
Approving Amendment to Conditional Use Permit
No. 98 -11 — With Conditions.
2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT
NO. 2013 -09, TENTATIVE PARCEL MAP NO. 2013 -163, AND
VARIANCE NO. 2014 -01, A REQUEST TO CREATE A ONE -LOT
SUBDIVISION AND CONSTRUCT TWO DETACHED
CONDOMINIUM UNITS AND ALLOW A TWO -FOOT WIDE
CURB /PLANTER ALONG THE NORTH PROPERTY LINE FOR THE
PROPERTY LOCATED AT 8551 BELMONT STREET IN THE RM -20
RESIDENTIAL MULTIPLE - FAMILY ZONE.
Prepared by: Judy Aquino, Assistant Planner
Recommended Action: That the City Council adopt the Resolutions
by title only, titles as follows, approving Conditional Use Permit
No. 2013 -09, Tentative Parcel Map No. 2013 -163, and Variance
No. 2014 -01, subject to the conditions in Exhibit "A" of the Resolution.
In accordance with CEQA guidelines, a Categorical Exemption, Class
32 will be filed for this project.
A Resolution of the City Council of the City of Cypress
Approving Conditional Use Permit No. 2013 -09
— With Conditions.
A Resolution of the City Council of the City of Cypress
Approving Tentative Parcel Map No. 2013 -163
- With Conditions.
March 10, 2014 Page 5
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 3.14.050.C.7
to Allow a Two -Foot Wide Curb /Planter Along the North
Property Line for the Property Located at 8551 Belmont
Street in the RM -20 Residential Multiple - Family Zone
- With Conditions.
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 — 7)
3. APPROVAL OF MINUTES.
Meetings of February 24, 2014 and March 3, 2014.
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. ACCEPTANCE OF A BALLISTIC VEST DONATION FROM K -9
ARMOR FOR POLICE SERVICE DOG SEM.
Prepared by: Jackie Gomez - Whiteley, Chief of Police
Recommended Action: That the City Council accept the donation of a
ballistic vest for Police Service Dog Sem from K -9 Armor through a
donation made to the Orange County Police Canine Foundation
(OCPCA). The equipment is valued at approximately $850.
March 10, 2014 Page 6
6. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION SUPPORT SERVICES FOR THE
MYRA AVENUE PUMP STATION NO. 3, PUBLIC WORKS
PROJECT NO. 22.
Prepared by: Nick Mangkalakiri, Associate Engineer
Recommended Action: That the City Council: 1) Award a contract for
the Myra Avenue Pump Station No. 3, Public Works Project No. 22, in
the amount of $2,483,000, to the lowest responsible bidder Pascal &
Ludwig Constructors, Ontario, California; authorize a contingency of
$372,500 (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 Support Services, in the amount of
$314,392, within the existing agreement for On -Call Construction
Management/Engineering Support/Testing and Inspection Services, for
the Myra Avenue Pump Station No. 3, Public Works Project No. 22, to
AKM Consulting Engineers, Inc. (AKM); authorize a contingency of
$47,200 (15% of contract amount) to be used for unforeseen work; and
direct the Director of Public Works /City Engineer to act as Contract
Officer.
7. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2013 -14 FOR WARRANTS
NO. 29171 THROUGH 29295.
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 2013 -14.
END OF CONSENT CALENDAR
NEW BUSINESS (8 — 9)
8. AWARD OF PROFESSIONAL CONTRACT SERVICES
AGREEMENT FOR SOLID WASTE SERVICES PROCUREMENT
CONSULTANT.
Prepared by: Andy Tse, Administrative Services Manager
Recommended Action: That the City Council: 1) Award a Professional
Contract Services Agreement for Solid Waste Services Procurement
Consultant to Sloan Vazquez, LLC, Irvine, California, and direct the
Administrative Services Manager to act as Contract Officer; and 2) Approve
the appropriation of $74,225 to Account No. 111 - 20120.4189_100
(Professional Services — Other) from the unassigned fund balance of the
City's General Fund for Solid Waste Services Procurement.
March 10, 2014 Page 7
9. ADOPTION OF A RESOLUTION ESTABLISHING AN AD HOC
SUBCOMMITTEE FOR THE SOLID WASTE AND RECYCLING
SERVICES PROCUREMENT PROCESS.
Prepared by: Andy 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 Procurement Process City
Council Ad Hoc 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.
March 10, 2014 Page 8
ITEMS FROM CITY COUNCIL MEMBERS (10)
10. CONSIDERATION OF SUPPORT FOR AB 1453 — ESTABLISHMENT
OF THE SOUTHERN CALIFORNIA STATE VETERANS CEMETERY
(MAYOR MILLS)
Recommended Action: That the City Council discuss the item and
consider support for AB 1453 — Establishment of the Southern
California State Veterans Cemetery by adopting a Resolution in support
of the bill.
•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,
March 24, 2014 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
5th day of March, 2014.
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 7, 2014 WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.