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Agenda 2016-02-22AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 22, 2016 5:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA This Agenda contains a beef 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�ci. cypress. ca. us Community Development — (714) 229 -6720 cdd(c�ci. cypress. ca. us Public Works — (714) 229 -6740 pw(o�ci. cypress. ca. us Police — (714) 229 -6600 cvpd d..ci. cypress. ca. us Recreation — (714) 229 -6780 cmd(d ci.cypress.ca.us City Council Agendas/Minutes are available at www.ci.cypress.ca.us. CALL TO ORDER ROLL CALL 5:30 P.M. Executive Board Room MAYOR MARIELLEN YARC MAYOR PRO TEM PAULO MORALES COUNCILMEMBER STACY BERRY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER JON PEAT February 22, 2016 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action 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. 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 LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) City of Cypress et al. v. State of California et al. Sacramento County Superior Court Case Number 34- 2013 - 80001585 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Jeff Wong v. City of Cypress WCAB No. ADJ9923550 Claim No. 15- 122274 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Victor Ramos v. City of Cypress, et al. Case No. SACV15 -470 CJC (JCGx) U.S. District Court Central District RECONVENE 7:00 P.M. Council Chambers February 22, 2016 Page 3 ROLL CALL PLEDGE OF ALLEGIANCE MAYOR MARIELLEN YARC MAYOR PRO TEM PAULO MORALES COUNCILMEMBER STACY BERRY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER JON PEAT INVOCATION COTTONWOOD CHURCH The City Council does not endorse the content of the invocation and does not endorse the invocational speaker's particular faith, belief and /or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the City Council's policy on invocations available upon request for public inspection and copying. REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY PRESENTATIONS PRESENT PROCLAMATION TO WOMAN'S CLUB OF CYPRESS RECOGNIZING MARCH 7, 2016 AS "WOMAN'S CLUB OF CYPRESS DAY" IN THE CITY OF CYPRESS 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action 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. February 22, 2016 Page 4 Council Chamber Decorum: • Use courteous and professional language at all times • Refrain from clapping, whistling, etc. in response to a speaker's comments • Allow speakers to provide comments without interruption • Remove hats upon entering Council Chambers • No food or beverages please PUBLIC HEARINGS Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. 1. CONSIDERATION OF 52 CONDOMINIUMS AND A ONE -LOT SUBDIVISION AT 5300 AND 5400 ORANGE AVENUE - CONDITIONAL USE PERMIT NO. 3034 AND TENTATIVE TRACT MAP NO. 17917. Prepared by: Doug Dancs, Director of Community Development Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 3034 and Tentative Tract Map No. 17917, subject to the conditions in Attachment D. In accordance with the California Environmental Quality Act (CEQA), 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. 3034 — With Conditions A Resolution of the City Council of the City of Cypress Approving Tentative Tract Map No. 17917 — 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 2. APPROVE MINUTES. Meeting of February 8, 2016 Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. February 22, 2016 Page 5 3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. PROCLAIM MARCH 7, 2016 AS "WOMAN'S CLUB OF CYPRESS DAY. Prepared by: Denise Basham, City Clerk If Recommended Action: That the City Council officially proclaim March 7, 2016 as "Woman's Club of Cypress Day." 5. APPOINT MEMBER TO THE ANAHEIM UNION HIGH SCHOOL DISTRICT FOUNDATION. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council appoint Council Member Rob Johnson to the Anaheim Union High School District Foundation. 6. AWARD OF CONTRACT FOR PRE - EMPLOYMENT BACKGROUND AND ADMINISTRATIVE INVESTIGATIONS. Prepared bv: Rod Cox, Chief of Police Recommended Action: That the City Council award a three year contract for pre - employment background and administrative investigations to RCS Investigations and Consulting LLC, not to exceed $50,000 per fiscal year. 7. APPROVE WASTE REDUCTION AND ENVIRONMENTAL EDUCATION PROGRAMS. Prepared bv: Doug Dancs, Director of Community Development Recommended Action: That the City Council: 1) Terminate the Discovery Science Foundation Agreement due to a change in legal name; and 2) Approve a new agreement with the Discovery Science Center of Orange County; and 3) Award a contract to the Orange County Superintendent of Schools for the Inside the Outdoors Project Zero Waste Program for $117,000; and 4) Purchase 15 smart waste systems from Waxie Sanitary Supply for $108,699; and 5) Transfer ownership of five smart waste systems each to the cities of Los Alamitos and Seal Beach. 8. APPROVE PLANS AND SPECIFICATIONS FOR SUMNER PLACE SEWER IMPROVEMENTS, PROJECT 164. Prepared bv: Doug Dancs, Director of Community Development Recommended Action: That the City Council approve the plans and specifications for Sumner Place Sewer Improvements, Project 164. February 22, 2016 Page 6 9. APPROVE THE PURCHASE OF POLICE DEPARTMENT REPLACEMENT VEHICLES. Prepared by: Doug Dancs, Director of Community Development Recommended Action: That the City Council: 1) Purchase ten vehicles from Wondries Fleet Group via National Auto Fleet Group for $300,817; and 2) Appropriate $1,317 to the Equipment Replacement Fund from the Narcotics Asset Seizure Fund. 10. ADOPT A RESOLUTION FOR THE FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CERRITOS AVENUE BIKE PATH. Prepared by: Douq Dancs, Director of Community Development Recommended Action: That the City Council adopt the Resolution by title only, title as follows, certifying that the City has the resources to fund the projects submitted for inclusion in the 2017 Federal Transportation Improvement Program (FTIP) and affirms its commitment to implement all projects submitted to the program. A Resolution of the City Council of the City of Cypress, California, Certifying That the City Has the Resources to Fund the Projects in the Federal FY 2016/17 — 2021/22 Transportation Improvement Program and Affirms Its Commitment to Implement All Projects in the Program 11. RECEIVE AND FILE THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2015. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Audit Letter from White Nelson Diehl Evans LLP to the City Council for the fiscal year ended June 30, 2015. 12. RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS' REPORT ON THE APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDED JUNE 30, 2015. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Independent Accountants' Report on Agreed -Upon Procedures Applied to the Appropriations Limit Worksheet for the Fiscal Year Ended June 30, 2015. February 22, 2016 Page 7 13. RECEIVE AND FILE THE INVESTMENT REPORT FOR THE MONTH OF JANUARY 2016. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of January 2016. 14. APPROVE THE COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS NO. 37255 THROUGH 37429. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council approve the warrant register and wire transfers for Fiscal Year 2015 -16. END OF CONSENT CALENDAR NEW BUSINESS 15. RECEIVE AND FILE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2015. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2015. 16. FISCAL YEAR 2015 -16 MID -YEAR BUDGET REPORT. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council: 1) Receive and file the FY 2015 -16 Mid -Year Budget Report; and 2) Approve the following mid -year budget adjustments: a. A $28,000 increase in estimated revenues and a $144,000 appropriation increase in the General Fund. b. A $38,000 increase in appropriations in the Narcotic Asset Seizure Fund and a $9,000 transfer from the Narcotic Asset Seizure Fund to the Equipment Replacement Fund. c. A $12,500 increase in appropriations in the Equipment Replacement Fund. d. A $2,500 increase in appropriations in the Recreation and Park District's General Fund. February 22, 2016 Page 8 17. CYPRESS STRATEGIC PLAN SIX -MONTH STRATEGIC OBJECTIVES UPDATE. Prepared bv: Peter Grant, City Manager Recommended Action: That the City Council receive and file the Six -Month Strategic Objectives update. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Board requests separate action on a specific item. CONSENT CALENDAR: 18. RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS' REPORT ON THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDED JUNE 30, 2015. Prepared bv: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the Independent Accountants' Report on Agreed -Upon Procedures Applied to the Appropriations Limit Worksheet for the Fiscal Year Ended June 30, 2015. 19. RECEIVE AND FILE THE CYPRESS RECREATION AND PARK DISTRICT'S COMPONENT UNIT FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2015. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors for the Cypress Recreation and Park District, receive and file the Component Unit Financial Report for the Fiscal Year Ended June 30, 2015. END OF CONSENT CALENDAR February 22, 2016 Page 9 20. APPROVE THE SCHEMATIC DESIGN AND SELECT A NAME FOR THE PARK AT THE FORMER MACKAY SCHOOL SITE. Prepared by: Douq Dancs, Director of Community Development and June Liu, Director of Recreation and Community Services Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the schematic design for the park at the former Mackay School site; and 2) Select a name for the new park. 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action on off - Agenda items except as 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 - IN MEMORY OF CYPRESS RESIDENT CHRISTOPHER ROTH The next meeting will be an adjourned Regular Meeting, to be held on Monday, March 14, 2016, 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 18th day of February, 2016. 1 >%L — 64.1a41/1 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, FEBRUARY 19, 2016 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.