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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.