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

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

CALL TO ORDER      6:30 P.M.
                                       Council Chambers

ROLL CALL

MAYOR DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE

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 LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Cypress School District v. City of Cypress
Case Number 30-2011-00522871
Orange County Superior Court

RECONVENE          

7:00 P.M.
Council Chambers

ROLL CALL                                 

MAYOR DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE

PLEDGE OF ALLEGIANCE              

INVOCATION

PRESENTATIONS                            

PRESENTATION BY ORANGE COUNTY CRIME STOPPERS

PRESENTATION BY SOUTHERN CALIFORNIA GAS COMPANY REGARDING ADVANCED METER INFRASTRUCTURE PLANS

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.

PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

No items.

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 (1 – 12)

1.  APPROVAL OF MINUTES - Meeting of March 26, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

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

3.   PROCLAIMING APRIL 14, 2012 AS “ARBOR DAY” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim April 14, 2012 as “Arbor Day” in the City of Cypress.

4.  ADOPTION OF A RESOLUTION EXPRESSING SUPPORT FOR THE GROUNDWATER REPLENISHMENT SYSTEM (GWRS) INITIAL EXPANSION AND A RESOLUTION EXPRESSING SUPPORT FOR THE PRADO BASIN, CALIFORNIA FEASIBILITY STUDY.
Prepared by: Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, expressing support for the Groundwater Replenishment System (GWRS) Initial Expansion and Prado Basin, Feasibility Study, and direct staff to finalize the letters of support for the Mayor’s signature to be transmitted to the Orange County Water District.

A Resolution of the City Council of the City of Cypress,
Expressing Support for the Groundwater Replenishment
System Initial Expansion.

A Resolution of the City Council of the City of Cypress,
Expressing Support for the Prado Basin Feasibility
Study.

5.  ORANGE COUNTY TREASURER-TAX COLLECTION REVENUE AND TAXATION CODE SECTION 3700 NOTIFICATION.
Prepared by: Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council consent to the sale of
tax-defaulted properties and direct staff to draft a written response to the Orange County Office of the Treasurer-Tax Collector by the due date of April 16, 2012.

6.  APPROVAL OF PLANS AND SPECIFICATIONS FOR 2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72.
Prepared by: Dario Simoes, Associate Engineer

Recommended Action:  That the City Council approve the plans and specifications for the 2011/12 Slurry Seal Project, Public Works Project No. 72.

7.  ACCEPTANCE OF 2010/11 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2010-13.
Prepared by:  Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council: 1) Accept the 2010/11 Overlay Project, Public Works Project No. 2010-13, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,790,853.88; and 2) Approve the final retention payment of $179,085.40 to Sully-Miller Contracting Co., Brea, 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.

8.  AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2011-18.
Prepared by:  Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council: 1) Award a contract for the 2011/12 Overlay Project, Public Works Project No. 2011-18, in the amount of $1,128,617.65, to the lowest responsible bidder R.J. Noble Co., Orange, CA; authorize a contingency of $169,293 (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 Management and Inspection Services, in the amount of $87,729, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2011/12 Overlay Project (Project No. 2011-18), to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $13,160 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

9.  DESIGN REVIEW COMMITTEE PERMIT NO. 2011-03, A REQUEST TO RE-BUILD A FIRE DAMAGED INDUSTRIAL BUILDING ON THE PROPERTY LOCATED AT 5574 MARKET PLACE IN THE BP BUSINESS PARK ZONE.
Prepared by: Doug Hawkins, Planning Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2011-03, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2011-03
- With Conditions.

10.   EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-13 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07, A REQUEST FOR A TWO (2) YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP PLANNING BUSINESS PARK ZONE.
Prepared by: Ted Commerdinger, Director of Community Development

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving a two (2) year extension of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 (until April 28, 2014), subject to the original conditions of approval.

A Resolution of the City Council of the City of Cypress,
Approving a Two-Year Extension of Conditional Use
Permit No. 2007-13 – With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving a Two-Year Extension of Design Review
Committee Permit No. 2007-07 – With Conditions.

11.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 21447 THROUGH 21597.
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:

12.   APPROVAL OF FUND TRANSFER FOR A CITY SPONSORED CONCERT TO BE HELD ON JUNE 16, 2012.
Prepared by:  June Liu, Director of Recreation and Community Services

Recommended Action:  That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, appropriate $1,500 from the Recreation and Park District Unreserved General Fund to account 212-90314.4187_024 (Contract Services) for entertainment, sound, and lighting for a City sponsored concert.

END OF CONSENT CALENDAR

NEW BUSINESS (13)

13.    ADOPTION OF A RESOLUTION AUTHORIZING PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP) TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM.
Prepared by: Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council: 1) Consider waiving standard language used in the City’s contracts in Section 1 of the agreement and adopting the PARS proposed language; and 2) Adopt the Resolution by title only, title as follows, authorizing Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early retirement incentive program.

A Resolution of the City Council of the City of Cypress,
Authorizing Adoption of a Supplemental Retirement
System (SRP).

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

ITEMS FROM CITY MANAGER

ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, April 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 April, 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, APRIL 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