AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 13, 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)
Dominguez v. City of Cypress
WCAB No. ADK4617027; ADJ101968; ADJ211528; ADJ4708073; ADJ3615469
Claim No. 066-02-00001; 066-04-00001; 066-04-00005

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

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

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. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-06, A REQUEST TO OPERATE A PET GROOMING SHOP LOCATED AT 4752 LINCOLN AVENUE 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 Conditional Use Permit No. 2012-06, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2012-06 - With
Conditions.

2. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 93-14, A REQUEST TO UPGRADE AN EXISTING BEER AND WINE LICENSE TO AN ON-SALE GENERAL ALCOHOL LICENSE FOR CAMPUS BILLIARDS LOCATED AT 9111 VALLEY VIEW STREET, SUITES 107 AND 108, IN THE PC PLANNED COMMUNITY ZONE AND THE LINCOLN AVENUE SPECIFIC PLAN AREA.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council open the public hearing on this application, entertain the report of staff, entertain public testimony on the application, order the public testimony portion of the public hearing closed, conduct deliberations, weigh and evaluate the evidence, and take one of the alternative actions (based upon substantial evidence from the public hearing): 1) Adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 93-14, subject to the conditions in Exhibit “A” of the Resolution; or 2) Adopt the Resolution by title only, title as follows, denying Amendment to Conditional Use Permit No. 93-14, based upon the findings contained therein.

A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 93-14 – With Conditions.

or

A Resolution of the City Council of the City of Cypress,
Denying Amendment to Conditional Use Permit
No. 93-14 for the Addition of On-Sale General
Alcohol Sales as Campus Billiards.

3. PUBLIC HEARING RELATING TO THE CITIZENS’ OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND.

Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens’ Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the continued use of grant funds for one (1) Police Services Officer position, which was approved in Fiscal Year 1999-2000. These funds, $73,074, will pay for the Police Services Officer’s salary for Fiscal Year 2012-2013; and 3) Approve the continued use of the remaining funds for one (1) Police Officer position, which was approved during Fiscal Year 2001-2002. These remaining funds, estimated to be $26,926, will pay for a portion of that officer’s salary for Fiscal Year 2012-2013.

A Resolution of the City Council of the City of Cypress,
California, Approving an Increase of Estimated Revenues
for Fiscal Year 2012-2013 in the Supplemental Law
Enforcement Services Fund to be Used to Pay for the
Salary of a Police Services Officer and a Portion of the
Salary for a Police Officer.

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 – 13)

4. APPROVAL OF MINUTES - Meetings of July 23 and July 30, 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.  SECOND READING OF AN ORDINANCE AMENDING CYPRESS MUNICIPAL CODE § 21A-1 REGARDING THE PAYMENT OF PREVAILING WAGES.
Prepared by:  William Wynder, City Attorney

Recommended Action:  That the City Council adopt the Ordinance by title only, title as follows, amending the Cypress Municipal Code to exempt the City from the payment of prevailing wages under certain circumstances.

An Ordinance of the City Council of the City of Cypress,
Amending Cypress Municipal Code § 21A-1 Regarding
the Payment of Prevailing Wages.

7.  CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE TRAFFIC COMMISSION.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council appoint Todd Overturf to fill the current vacancy on the Traffic Commission for the remainder of the four-year term ending on June 30, 2015.

8.  CONSIDERATION OF THE ADOPTION OF A RESOLUTION IN SUPPORT OF CONTINUING ALL ELEMENTS OF THE RALPH M. BROWN ACT.
Prepared by:  Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, in support of continuing all elements of the Ralph M. Brown Act.

A Resolution of the City Council of the City of Cypress,
in Support of Continuing All Elements of the Ralph M.
Brown Act.

9.  ORANGE COUNTY GRAND JURY REPORT – “TRANSPARENCY BREAKING UP COMPENSATION FOG – BUT WHY HIDE PENSION COSTS?”
Prepared by:  Andrew Tse, Administrative Services Manager

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.

10.  FILING OF COMMERCIAL AND INDUSTRIAL REFUSE RATES.
Prepared by:  Alisha Farnell, Management Analyst

Recommended Action:  That the City Council receive and file the commercial and industrial refuse rates.

11.  CONSIDERATION OF CONSULTANT TASK ORDER FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR A PROPOSED INDUSTRIAL/OFFICE/WAREHOUSE DEVELOPMENT ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council: 1) Approve the Task Order with RBF Consulting for the preparation of environmental documents for the proposed Industrial/Office/Warehouse Development at a cost not to exceed $199,211; 2) Authorize a 20% contingency in the amount of $39,842 for unforeseen work; and 3) Direct the Director of Public Works/Acting Director of Community Development to act as Contract Officer.

12.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011-12 AND 2012-13 FOR WARRANTS NO. 22876 THROUGH 23067.
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 Years 2011-12 and 2012-13.

Recreation and Park District Matters:

13.  APPROVAL OF AN AGREEMENT WITH COMMUNITY SENIORSERV, INC., FOR THE PROVISION OF THE SENIOR NUTRITION PROGRAM.
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, approve a five-year agreement with Community SeniorServ, Inc., for the provision of a senior nutrition program for the period of July 1, 2012 through June 30, 2017.

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.

CONSENT CALENDAR (14)

14.  SUCCESSOR AGENCY ORGANIZATIONAL MATTERS AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE ADOPTION.
Prepared by:  Steve Clarke, Redevelopment Project Manager

Recommended Action:  That the Successor Agency to the Dissolved Cypress Redevelopment Agency: 1) Adopt the Resolution by title only, title as follows, setting forth organizational matters pertaining to the Successor Agency; and 2) Adopt the Resolution by title only, title as follows, approving and adopting a Recognized Obligation Payment Schedule for the period January 1 through June 30, 2013.

A Resolution of the Successor Agency to the
Dissolved Cypress Redevelopment Agency
Setting Forth Certain Organizational Matters
Pertaining to the Successor Agency.

A Resolution of the Successor Agency to the
Dissolved Cypress Redevelopment Agency
Approving and Adopting a Recognized
Obligation Payment Schedule for the Period
of January 1, 2013 Through June 30, 2013.

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 an adjourned Regular Meeting, to be held on Monday, August 27, 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 8th day of August, 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, AUGUST 10, 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