AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 27, 2012

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

CALL TO ORDER      

6:00 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 REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number 242-332-01, Located at 4545 Myra Avenue
Negotiating Party: City Manager
Under Negotiation: Price and Terms of Payment

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

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 - 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council.

1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-05, A REQUEST TO OPERATE A FAST FOOD RESTAURANT (FIVE GUYS BURGERS AND FRIES) WITH OUTDOOR DINING LOCATED AT 6931 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012-05, 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. 2012-05 - With
Conditions.

2. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-7, A REQUEST TO EXTEND THE HOURS OF OPERATION FOR THE CYPRESS PLAZA COMMERCIAL CENTER LOCATED AT 5721-5735 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE OF THE LINCOLN AVENUE SPECIFIC PLAN AREA.
Prepared by:  Kori Nevarez, Associate 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 noted herein (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. 87-7, subject to the revised Condition 8; or 2) Adopt the Resolution by title only, title as follows, denying Amendment to Conditional Use Permit No. 87-7, based upon the findings contained therein.

A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 87-7 – With Revised Condition.

or

A Resolution of the City Council of the City of Cypress,
Denying Amendment to Conditional Use Permit
No. 87-7 for an Extension of the Hours of Operation
at the Cypress Plaza Commercial Center.

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 (3 – 12)

3.  APPROVAL OF MINUTES - Meetings of August 9 and August 13, 2012.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

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

5.  CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE SENIOR CITIZENS AND TRAFFIC COMMISSION.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council appoint Kenneth Lynch to fill the current vacancy on the Senior Citizens Commission for the remainder of the four-year term ending on June 30, 2013 and appoint Joyce Grohmann to the Traffic Commission for the remainder of the four-year term ending on June 30, 2015.

6.  DESIGN REVIEW COMMITTEE PERMIT NO. 2012-05, A REQUEST TO CONSTRUCT A MEDICAL/DENTAL OFFICE BUILDING AND UPGRADE THE EXTERIOR OF THE EXISTING COMMERCIAL OFFICE BUILDING LOCATED AT 9060-9070 WALKER STREET 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 Design Review Committee Permit No. 2012-05, 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. 2012-05
- With Conditions.

7.  ACCEPTANCE OF MOODY STREET BEAUTIFICATION PROJECT, PUBLIC WORKS PROJECT NO. 35.
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council: 1) Accept the Moody Street Beautification Project, Public Works Project No. 35, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,253,375.93; and 2) Approve the final retention payment of $125,337.59 to All-American Asphalt, Corona, 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.  ACCEPTANCE OF MYRA AVENUE PUMP STATION NO. 2 (PS2), PUBLIC WORKS PROJECT NO. 33.
Prepared by:  Dario Simoes, Associate Civil Engineer

Recommended Action:  That the City Council: 1) Accept the Myra Avenue Pump Station No. 2 (PS2), Public Works Project No. 33, as being satisfactorily completed in conformance with the project specifications, in the final amount of $2,483,234.57; and 2) Approve the final retention payment of $131,444.82 to S.S. Mechanical, Huntington 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.

9.  FEASIBILITY STUDY REGARDING THE USE OF PEDESTRIAN CROSSWALK FLASHING BEACONS AT UNCONTROLLED MARKED CROSSWALKS.
Prepared by:  Keith Carter, Associate Engineer/Traffic

Recommended Action:  That the City Council authorize appropriation of funds in the amount of $15,870 from the unreserved fund balance of the Traffic Mitigation Assessment Fund to Account 234-80200-8021.4186 for a feasibility study regarding the use of Pedestrian Crosswalk Flashing Beacons at uncontrolled marked crosswalks.

10.  ACCEPTANCE OF THE OPERATIONAL AREA AGREEMENT FOR THE IMPLEMENTATION OF THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS).
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Adopt the Resolution by title only, title as follows, approving an Operational Area Agreement between the County of Orange and the City of Cypress for the implementation of the Standardized Emergency Management System (SEMS) regulations; and 2) Authorize the Mayor and the City Clerk to sign an Operational Area Agreement with addendums between the County of Orange and political subdivisions for the implementation of SEMS. Entering into this agreement provides a cooperative method for meeting State law requirements related to the Standardized Emergency Management System (SEMS).

A Resolution of the City Council of the City of Cypress,
Approving an Operational Area Agreement Between
the County of Orange and Local Agencies for the
Implementation of the Standardized Emergency
Management (SEMS) Regulations.

11.  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2012.
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 July, 2012.

12.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011-12 AND 2012-13 FOR WARRANTS NO. 23068 THROUGH 23225.
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.

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 (13)

13. REQUEST FOR A CROSSWALK ON THE WEST LEG OF THE INTERSECTION OF KATELLA AVENUE AND MERIDIAN DRIVE. (Council Member Mills)

Recommended Action:  That the City Council take one of the following actions: 1) Appropriate $11,450 from the unreserved fund balance of the Traffic Mitigation Assessment Fund to Account 234-80200-8021.4186 for the design of a crosswalk on the west leg of the intersection of Katella Avenue and Meridian Drive. Alternative actions: 1) Direct staff to present this project to City Council for consideration as part of the Fiscal Year 2013-14 Capital Improvement Program; or
2) Take no action at this time.

·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, September 10, 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 22nd 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 24, 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