AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JULY 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/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 SHAHEEN E. SHAHEEN

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

1. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-01, A REQUEST TO EXTEND THE HOURS OF OPERATION AND ALLOW OUTDOOR DINING FOR AN EXISTING KOREAN STYLE RESTAURANT LOCATED AT 4450 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND LINCOLN AVENUE SPECIFIC PLAN.

Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving  Amendment to Conditional Use Permit No. 2006-01, subject to the 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. 2006-01 – 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 – 9)

2.   APPROVAL OF MINUTES - Meetings of June 19 and June 25, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

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

4.  ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 5, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, declaring the results of the June 5, 2012 Special Municipal Election, with the attached Certificate of the Orange County Registrar of Voters’ Canvass of the Special Municipal Election Returns.

A Resolution of the City Council of the City of Cypress,
California, Reciting the Fact of the Special Municipal
Election Held on June 5, 2012, Declaring the Result and
Such Matters as Provided by Law.

5.  APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR ENGINEERING STORM DRAIN DESIGN SERVICES FOR ASPEN/GRAHAM/WALKER STORM DRAIN, PUBLIC WORKS PROJECT NO. 86.
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council: 1) Approve a Task Order in the amount of $512,989 for engineering design services for the Aspen/Graham/Walker Storm Drain, Public Works Project No. 86, to AKM Consulting Engineers (AKM), Irvine, California; and 2) Authorize $76,900 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.

6.  AWARD OF CONSTRUCTION CONTRACT, AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES, AND APPROVAL OF A JOINT AGREEMENT WITH THE CITY OF BUENA PARK FOR THE VALLEY VIEW STREET/BALL ROAD STORM DRAIN IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 79.
Prepared by:  Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council: 1) Award a contract for the Valley View Street/Ball Road Storm Drain Improvements, in the amount of $475,030, to the lowest responsible bidder Mike Bubalo Construction Company, Inc. (Bubalo Construction), Baldwin Park, CA; authorize a contingency of $71,260 (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 $65,408, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for the Valley View Street/Ball Road Storm Drain Improvements, to AKM Consulting Engineers (AKM); authorize a contingency of $9,810 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Approve an agreement with the City of Buena Park for sharing the cost of storm drain improvements on Valley View Street and authorize the Mayor to execute the agreement.

7.   SPECIAL TAX LEVY FOR FY 2012-13 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS.
Prepared by:  Matt Burton, Assistant Director of Finance and Administrative Services

Recommended Action:  That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for Fiscal Year 2012-13 within the District by adopting the Resolution by title only, title as follows, and authorize the Mayor to sign the Proposition 218 Certification.

A Resolution of the City Council of the City of Cypress,
California, Acting as the Legislative Body of Community
Facilities District No. 1 (Sorrento Homes) of the City of
Cypress, California, Authorizing the Levy of a Special
Tax for Fiscal Year 2012-2013 Within Such Community
Facilities District.

8.  ORANGE COUNTY GRAND JURY REPORT – “THE DISSOLUTION OF REDEVELOPMENT: WHERE HAVE WE BEEN? WHAT LIES AHEAD?”
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the report responses to the Orange County Grand Jury and authorize the Mayor to send the responses to the Grand Jury on behalf of the City Council.

9.   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 22556 THROUGH 22733.
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

No items.

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, July 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 3rd day of July, 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, JULY 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