AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, MAY 14, 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 DOUG BAILEY
MAYOR PRO TEM PRAKASH NARAIN
COUNCILMEMBER PHIL LUEBBEN
COUNCILMEMBER LEROY MILLS
COUNCILMEMBER TODD SEYMORE

WORKSHOP SESSION

WORKSHOP ON FISCAL YEAR 2012-13 ANNUAL BUDGET                               

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/SUCCESSOR AGENCY ITEMS:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c).)
Number of Cases: One

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                            

INTRODUCTION OF NEW CYPRESS POLICE OFFICER ANDY LEE

RECOGNITION OF LIFESAVING EFFORTS MADE ON APRIL 13, 2012:
Cypress Police Officer Paulo Morales
Los Alamitos Corporal Chris Anderson
Susan Garey, Warland Investments Co.
Sheri Fritsch, Warland Investments Co.
Anthony Marinello, Premier Displays & Exhibits
David Loros, Premier Displays & Exhibits
Edson Anaya, Premier Displays & Exhibits
John Slater, Premier Displays & Exhibits
Jorge Villegas, Premier Displays & Exhibits

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 (1 – 3)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

1.  A CONTINUED PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-01, A REQUEST TO OPERATE A RESTAURANT WITH INDOOR BEER AND WINE SALES, AS WELL AS OUTDOOR DINING, LOCATED AT 6855-6859 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
Prepared by: Kori Nevarez, Associate Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012-01, subject to the originally proposed conditions and the revised Condition No. 28 in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2012-01 - With
Conditions.

2.  PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-1, A REQUEST TO EXPAND AN EXISTING CONVENIENCE MARKET WITH OFF-SALE BEER AND WINE INTO AN ADJACENT LEASE SPACE AND ADD PERIODIC BEER AND WINE TASTING LOCATED AT 5721 LINCOLN AVENUE, SUITES A & B, IN THE PC PLANNED COMMUNITY ZONE.
Prepared by: Kori Nevarez, Associate Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 88-1, subject to the amended conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 88-1 – With Conditions.

3.  PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-02 AND TENTATIVE TRACT MAP NO. 17442, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT EIGHT (8) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 6151 ORANGE AVENUE IN THE RM-20-CC RESIDENTIAL MULTIPLE-FAMILY CIVIC CENTER OVERLAY ZONE.
Prepared by: Doug Hawkins, Planning Manager

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2012-02 and Tentative Tract Map No. 17442, subject to the conditions in Exhibit “A” of the Resolutions.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2012-02 - With
Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17442 – 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 (4 – 12)

4.   APPROVAL OF MINUTES - Minutes of April 23, 2012.
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.  PROCLAIMING THE MONTH OF MAY 2012 AS “COMMUNITY ACTION MONTH” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim the month of May 2012 as “Community Action Month” in the City of Cypress.

7.   EXTENSION AND CLARIFICATION OF TERM OF SERVICE CONTRACT – CALIFORNIA FORENSIC PHLEBOTOMY.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Dispense with the formal bidding process, pursuant to Cypress Municipal Code Section 21-A10C, D, and F, since California Forensic Phlebotomy (“CFP”) is the only County trained vendor and since the City Council has previously approved the service agreement that is the subject of this report; and
2) Extend the previously authorized four (4) year term of the service contract for phlebotomy services (blood draws) with CFP, 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California 92692, for an additional five (5) year period ending on July 1, 2017.

8.   ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM FOR THE CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT, CIP PROJECT NO. 84.
Prepared by: Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of an application for funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 1 Grant Program for the Citywide Automatic Retractable Screen (ARS) Project, CIP Project No. 84, and for future applications for each subsequent year through Fiscal Year 2017-18.

A Resolution of the City Council of the City of Cypress,
Authorizing Submittal of an Application for Funds for the
Environmental Cleanup Tier 1 Grant Program Under
Orange County Local Transportation Ordinance No. 3
For Citywide Automatic Retractable Screen Project and
Authorizing Future Applications for Funds for Each
Subsequent Year Through Fiscal Year 2017-18.

9.   ACCEPTANCE OF VALLEY VIEW FIBER OPTIC INSTALLATION PROJECT, PUBLIC WORKS PROJECT NO. 2009-10.
Prepared by:  Keith Carter, Associate Engineer/Traffic

Recommended Action:  That the City Council: 1) Accept the Valley View Fiber Optic Installation Project, Public Works Project No. 2009-10, as being satisfactorily completed in conformance with the project specifications, in the final amount of $281,813.38; and 2) Approve the final retention payment of $28,181.34 to Steiny and Company, Inc., Baldwin Park, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; 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.

10. ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF  APPLICATION FOR FUNDS FROM THE STATE-LOCAL PARTNERSHIP PROGRAM UNDER THE PROPOSITION 1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 FOR THE CERRITOS AVENUE (EAST) WIDENING PROJECT, PUBLIC WORKS PROJECT NO. 81.
Prepared by: Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of application for funds from the State-Local Partnership Program (SLPP) Under the Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Prop 1B) for the Cerritos Avenue (East) Widening Project, Public Works Project No. 81.

A Resolution of the City Council of the City of Cypress,
Authorizing Submittal of Application for Funds From the
State-Local Partnership Program Under the Proposition
1B Highway Safety, Traffic Reduction, Air Quality, and
Port Security Bond Act of 2006 for the Cerritos Avenue
(East) Widening Project, Public Works Project No. 81.

11.   SELECTION OF THE CITY’S AUDITORS AND APPROVAL OF AN AWARD OF A THREE YEAR CONTRACT FOR AUDIT SERVICES TO WHITE NELSON DIEHL EVANS, LLP FOR THE FISCAL YEARS ENDED JUNE 30, 2012 THROUGH JUNE 30, 2014.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council select the firm of White Nelson Diehl Evans, LLP as the City’s auditors and approve the three year award of contract for the fiscal years ended June 30, 2012 through June 30, 2014 with an option to extend the contract for an additional two-year term.

12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 21753 THROUGH 22064.
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.

END OF CONSENT CALENDAR

NEW BUSINESS (13)

13. CONSIDERATION OF AN ORDINANCE AMENDING THE CYPRESS MUNICIPAL CODE RELATING TO THE SOLICITATION OF EMPLOYMENT.
Prepared by:  William Wynder, City Attorney

Recommended Action:  That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Cypress Municipal Code § 24-78 regarding solicitation of employment.

An Ordinance of the City Council of the City of Cypress,
California, Amending Cypress Municipal Code § 24-78
Regarding Solicitation of Employment.

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 Tuesday, May 29, 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 9th day of May, 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, MAY 11, 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