AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 14, 2013

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 PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

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 241-056-01, Located at 5400 Myra Avenue
Negotiating Party: City Manager
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle
Party Negotiating With:  Lewis Operating Corporation
Negotiating Party: City Manager and Director of Public Works/Acting Community Development Director
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Allison V. Pitts v. Martin Hoshino, William Wynder, City Attorney, et al.
Case Number CV 12-10402 SJO (E)
U.S. District Court, Central District of California

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
John Doe v. Martin Hoshino, City of Cypress, Jackie Gomez-Whiteley, City of Los Alamitos, and Todd Mattern
Case Number SACV 12 2166
U.S. District Court, Central District of California, Southern Division

RECONVENE                              

7:00 P.M.
Council Chambers

ROLL CALL                                 

MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

PLEDGE OF ALLEGIANCE              

INVOCATION

PRESENTATIONS

PRESENTATION TO CYPRESS RESIDENT STEPHEN SANDERS

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 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-07, A REQUEST TO APPROVE THE ON-SITE SALE OF BEER AND WINE AND ALLOW THE EXPANSION OF THE PATIO AREA FOR THE ROCKET DOGS RESTAURANT LOCATED AT 5123 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE.
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. 2010-07, 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. 2010-07 – With Conditions.

2.    CONTINUATION OF A PUBLIC HEARING REGARDING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2012-09, A REQUEST TO RE-ESTABLISH A GASOLINE SERVICE STATION AND EXPAND THE RETAIL SALES BUILDING INCLUDING OFF-SALE BEER AND WINE LOCATED AT 9472 VALLEY VIEW STREET IN THE CG COMMERCIAL GENERAL 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. 2012-09, including the off-sale of beer and wine sales, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving an Application for Conditional Use Permit
No. 2012-09, Including Off-Sale Beer and Wine – With
Conditions.

As an alternative action, the City Council could adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012-09, excluding the off-sale of beer and wine sales, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving an Application for Conditional Use Permit
No. 2012-09, Excluding Off-Sale Beer and Wine, and
With Conditions.

3.    PUBLIC HEARING REGARDING REVIEW OF THE FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION.
Prepared by:  Steven Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council: 1) Hold a public hearing to review the project list proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2013-2014 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City’s participation in the Fiscal Year 2013-2014 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council.

A Resolution of the City Council of the City of Cypress,
Approving the City’s Participation in the Fiscal Year
2013-2014 Housing and Community Development
Block Grant (CDBG) Program with the County of Orange.

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 – 18)

4.   APPROVAL OF MINUTES - December 10, 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.  ADOPTION OF RESOLUTION RECOGNIZING CYPRESS RESIDENT STEPHEN SANDERS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, recognizing Cypress resident Stephen Sanders.

A Resolution of the City Council of the City of Cypress,
Recognizing Cypress Resident Stephen Sanders.

7.   AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2004-10, A REQUEST TO AMEND THE EXISTING SIGN PROGRAM FOR THE CYPRESS CENTER LOCATED AT 5011-5123 BALL ROAD TO INCREASE THE EXISTING MONUMENT SIGN LOCATED AT THE EAST END OF THE COMMERCIAL CENTER FROM 4 FEET TO 6 FEET IN HEIGHT AND FROM 32 SQUARE FEET TO 48 SQUARE FEET IN AREA.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Design Review Committee Permit No. 2004-10, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Amendment to Design Review Committee
Permit No. 2004-10 – With Conditions.

8.   DEPOSIT/REIMBURSEMENT AGREEMENT FOR INITIATIVE NO. 3.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council authorize the Mayor to execute the Agreement.

9.    CONSIDERATION OF A REIMBURSEMENT AGREEMENT 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 authorize the Mayor to execute the Agreement.

10.   APPROVAL OF A REVISED TASK ORDER FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR A PROPOSED INDUSTRIAL 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 approve the revised Task Order with RBF Consulting (RBF) in the amount of $19,120 for the preparation of additional technical studies for the environmental analysis being conducted for a proposed industrial development located at the northeast corner of Katella Avenue and Enterprise Drive. The new Task Order would total $218,331 including the original contingency of $39,842.

11.  CONSIDERATION OF AMENDMENT NO. 1 TO EXTEND THE TERM OF THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY AND LEWIS LAND DEVELOPERS, LLC.
Prepared by:  Steven Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council approve Amendment
No. 1 to the Exclusive Negotiation Agreement (“ENA”) between the City and Lewis Land Developers, LLC (“Lewis”) for the City owned 13.329 acre property located at the northwest corner of Katella Avenue and Winners Circle (the “Site”), and authorize the Mayor to execute the Amendment.

12.  ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) DRIVING UNDER THE INFLUENCE GRANT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Accept the Office
of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues
(114-50183.3525 Grants – Miscellaneous) in the FY 2012-2013 General Fund-Grants for the grant total of $25,900; and 3) Approve appropriations from the General Fund-Grants as follows:
114-50183.4003_21 (Overtime) in the amount of $21,000 and
114-50183.4113 (Small Tools and Equipment) in the amount of
$4,900 for safety equipment.

13.   ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2012.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the report.

14.   ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS’ APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2012.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Applied to the City of Cypress’ Appropriations Limit Worksheet for the Year Ended June 30, 2012.

15.    REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 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 November, 2012.

16.     APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 24417 THROUGH 24734.
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 2012-13.

Recreation and Park District Matters:

17.  ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2012.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District, receive and file the report.

18.   ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2012.
Prepared by:  Richard Storey, Assistant City Manager/Director of Finance and Administrative Services

Recommended Action:  That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District’s Appropriations Limit Worksheet for the Year Ended June 30, 2012.

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 an adjourned Regular Meeting, to be held on Monday, January 28, 2013 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 January, 2013.

________________________________
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, JANUARY 11, 2013 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