AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 9, 2012

Public Hearings at 7:00 P.M.
Council Chambers
5275 Orange Avenue
Cypress, California

CALL TO ORDER    5:00 P.M.
Executive Board Room

ROLL CALL                                 

MAYOR/AGENCY CHAIR DOUG BAILEY
MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN                                                              COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN                                                              COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE

 ORAL COMMUNICATIONS
The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency, 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 SESSION                              

MEASURE D AND PROPOSED BALLOT INITIATIVE

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 LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Smith v. City of Cypress
WCAB No. ADJ620339 (ANA 0397750)
Claim No. 066-06-00003

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Dominguez v. City of Cypress
WCAB No. ADK4617027; ADJ101968; ADJ211528; ADJ4708073; ADJ3615469
Claim No. 066-02-00001; 066-04-00001; 066-04-00005

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1)
Title:  City Manager

RECONVENE      7:00 P.M.
                                Council Chambers

ROLL CALL                                 

MAYOR/AGENCY CHAIR DOUG BAILEY
MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE

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 and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency, 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 – 3)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency.

1. PUBLIC HEARING REGARDING A REQUEST TO APPROVE ZONE CHANGE NO. 2011-01, SPECIFIC PLAN PC-12, GENERAL PLAN AMENDMENT NO. 2011-02, CONDITIONAL USE PERMIT NO. 2011-07, AND TENTATIVE TRACT MAP NO. 17421 FOR THE CONSTRUCTION OF SIXTEEN (16) SINGLE-FAMILY HOMES AND ADOPTION OF THE HARMONY SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 5042 ORANGE AVENUE IN THE RS-6000 RESIDENTIAL SINGLE-FAMILY ZONE.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Introduce for first reading the Ordinance by title only, title as follows, for approval of Zone Change No. 2011-01 and the Harmony Specific Plan; and 3) Adopt the Resolution by title only, title as follows, approving General Plan Amendment No. 2011-02; and 4) Adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2011-07 and Tentative Tract Map No. 17421, subject to the conditions in Exhibit “A” of the Resolutions.

An Ordinance of the City Council of the City of Cypress,
Adopting Zone Change No. 2011-01 and the Harmony
Specific Plan, Changing the Zoning Classification of the
Property Located at the Southeast Corner of Orange
Avenue and Moody Street from RS-6000 Residential
Single-Family to PC Planned Community (PC-12).

A Resolution of the City Council of the City of Cypress,
Adopting General Plan Amendment No. 2011-02,
Changing the General Plan Classification of the
Property Located at 5042 Orange Avenue From Low
Density Residential to Specific Plan.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2011-07 - With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17421 – With
Conditions.

2. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011-02 AND TENTATIVE TRACT MAP NO. 17411, A REQUEST TO REDUCE THE TOTAL NUMBER OF CONDOMINIUM UNITS AND INCREASE THE NUMBER OF THREE-BEDROOM UNITS WITHIN THE PROJECT LOCATED AT 8672 AND 8692 BELMONT STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving Amendment to Conditional Use Permit No. 2011-02 and Tentative Tract Map No. 17411, subject to the conditions in Exhibit “A” of the Resolutions.

A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 2011-02 – With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17411 – As Revised.

3. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2011-02, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060.H.2, 4.19.070.H.3, AND 4.19.080.I.2, OF THE CYPRESS ZONING CODE RELATED TO INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL USE PERMITS, AND VARIANCES.
Prepared by:  Ted Commerdinger Director of Community Development

Recommended Action:  That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2011-02.

An Ordinance of the City Council of the City of Cypress,
Adopting Zoning Ordinance Amendment No. 2011-02 to
Modify Sections 4.19.060.H.2, 4.19.070.H.3, and
4.19.080.I.2 of the Cypress Zoning Code.

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 (4 – 16)

4.   APPROVAL OF MINUTES - December 12, 2011.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

5.  MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

6.  ACCEPTANCE OF THE “AVOID THE 26” OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Adopt the Resolution by title only, title as follows, agreeing to support the grant goals in their entirety; and 3) Authorize the Chief of Police to sign a Memorandum of Understanding between the City of Anaheim and the City of Cypress; and 4) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the Fiscal Year 2011-2012 General Fund – Grants Fund for the grant total of $25,000; and 5) Approve appropriations in Fiscal Year 2011-2012 in the General Fund – Grants Fund as follows: 114-50183.4003_21 (Overtime) in the amount of $25,000.

A Resolution of the City Council of the City of Cypress,
California, Authorizing the Acceptance of the “Avoid the
26” Orange County Regional DUI Campaign and
Agreement with the Office of Traffic Safety Grant Goals
in Their Entirety.

7.   REIMBURSEMENT AGREEMENT.
Prepared by:  Ted Commerdinger, Director of Community Development

Recommended Action:  That the City Council authorize the Mayor to execute the Reimbursement Agreement.

8.    CONSIDERATION OF ADOPTION OF A RESOLUTION DETERMINING THAT THE CITY OF CYPRESS ELECTS TO SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY.
Prepared by:  Steve Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, determining that the City of Cypress elects to serve as the Successor Agency to the dissolved Cypress Redevelopment Agency pursuant to Health and Safety Code Section 34173.

A Resolution of the City Council of the City of Cypress,
California, Determining that the City of Cypress Elects
to, and Shall, Serve as the Successor Agency to the
Dissolved Cypress Redevelopment Agency Pursuant
to Health and Safety Code Section 34173.

9.   CONSIDERATION OF ADOPTION OF A RESOLUTION DETERMINING THAT THE CITY OF CYPRESS SHALL RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY.
Prepared by:  Steve Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, determining that the City of Cypress shall retain the housing assets and functions of the dissolved Cypress Redevelopment Agency pursuant to Health and Safety Code Section 34176.

A Resolution of the City Council of the City of Cypress,
California, Determining that the City of Cypress Shall
Retain the Housing Assets and Functions of the
Dissolved Cypress Redevelopment Agency Pursuant
to Health and Safety Code Section 34176.

10.  ADOPTION OF A RESOLUTION OF THE CYPRESS CITY COUNCIL DECLARING THAT THE CITY OF CYPRESS HAS NOT FORGIVEN ANY LOAN OWED TO THE CITY BY THE CYPRESS REDEVELOPMENT AGENCY.
Prepared by:  Steve Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, making a declaration under Health and Safety Code Section 33354.8 that, during the period from January 1, 2010 to December 31, 2011, the City has not forgiven the repayment, wholly or partially, of any loan, advance, or indebtedness owed to the City by the Cypress Redevelopment Agency.

A Resolution of the City Council of the City of Cypress,
California, Making a Declaration Under Health and
Safety Code Section 33354.8 That, During the Period
From January 1, 2010 to December 31, 2011, the
City Has Not Forgiven the Repayment, Wholly or
Partially, of Any Loan, Advance, or Indebtedness
Owed to the City by the Cypress Redevelopment
Agency.

11.  ACCEPTANCE OF STORM DRAIN REHABILITATION ON MOODY STREET AND VALLEY VIEW STREET, PUBLIC WORKS PROJECT NOS. 2008-12 AND 2008-14.
Prepared by:  Dario Simoes, Associate Engineer

Recommended Action:  That the City Council: 1) Accept the Storm Drain Rehabilitation on Moody Street and Valley View Street, Public Works Project Nos. 2008-12 and 2008-14, as being satisfactorily completed in conformance with the project specifications, in the final amount of $2,077,557.37; and 2) Approve the final retention payment of $207,755.74 to Excel Paving Company, Long Beach, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

12. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2011.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the report.

13.  ADOPTION OF RESOLUTION ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF COMMUNITY OUTREACH OFFICER THEREBY AMENDING THE CITY’S POSITION CLASSIFICATION PLAN AND MODIFYING THE TEMPORARY PART-TIME AND SEASONAL EMPLOYEES HOURLY PAY RANGE SCHEDULE TO INCLUDE THE COMMUNITY OUTREACH OFFICER.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, title as follows, establishing the position of Community Outreach Officer; and 2) Adopt the class specification and part-time hourly pay range for the new classification of Community Outreach Officer; and 3) Appropriate from the unreserved fund balance of the General Fund $15,000 to account 111-50174.4010 for part-time salary and $1,500 to account 111-50174.4006 for fringe benefits to fund the position of Community Outreach Officer for the Balance of FY 2011-12.

A Resolution of the City Council of the City of Cypress,
and Acting as Ex-Officio Board of Directors of the
Cypress Recreation and Park District, Establishing the
Part-time Classification of Community Outreach Officer,
Modifying the City’s Classification Plan and Establishing
Compensation for the Part-Time Classification of
Community Outreach Officer by Adding the Position to
the Temporary Part-Time and Seasonal Employees
Hourly Pay Range Schedule.

14.  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2011.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the Investment Report for the month of November, 2011.

15.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 20371 THROUGH 20518.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2011-12.

Recreation and Park District Matters:

16.  ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2011.
Prepared by:  Richard Storey, Assistant City Manager/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 report.

END OF CONSENT CALENDAR

NEW BUSINESS

No items.

RECREATION & PARK DISTRICT MATTERS
The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors.

No items.

CYPRESS REDEVELOPMENT AGENCY MATTERS
The Cypress City Council, Acting as the Cypress Redevelopment Agency.

CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Redevelopment Agency requests separate action on a specific item.

CONSENT CALENDAR (17 – 18)

17.       ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2011.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the Cypress Redevelopment Agency Board receive and file the report.

18.       ADOPTION OF A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY DECLARING THAT THE AGENCY HAS NOT FORGIVEN ANY LOAN OWED TO THE AGENCY BY A PUBLIC BODY.
Prepared by:  Steve Clarke, Redevelopment Project Manager

Recommended Action:  That the Redevelopment Agency Board adopt the Resolution by title only, title as follows, making a declaration under Health and Safety Code Section 33354.8 that, during the period from January 1, 2010 to December 31, 2011, the Agency has not forgiven the repayment, wholly or partially, of any loan, advance, or indebtedness owed to the Agency by a public body.

A Resolution of the Cypress Redevelopment Agency,
Making a Declaration Under Health and Safety Code
Section 33354.8 That, During the Period From
January 1, 2010 to December 31, 2011, the Agency
Has Not Forgiven the Repayment, Wholly or
Partially, of Any Loan, Advance, or Indebtedness
Owed to the Agency by a Public Body.

END OF CONSENT CALENDAR

ORAL COMMUNICATIONS
The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency 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

19.  CYPRESS SCHOOL DISTRICT MEETING REQUEST. (Mayor Bailey)

Recommended Action:  That the City Council consider the request from Cypress School District Board President Donna Erickson for the District President and Vice President to meet with the Mayor and Mayor Pro Tem on an informal basis to resume meetings on subjects of mutual interest, including possible acquisition of property.

·Reports on Committee Assignments
·Other Items

ITEMS FROM CITY MANAGER

ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, January 23, 2012, 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 January, 2012.

________________________________
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, JANUARY 6, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780