AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 25, 2013

This Agenda contains a brief general description of each item to be considered.  Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing in the following Agenda.  Supporting documents, including staff reports, are available for review in the City Clerk's office and the City’s website at www.ci.cypress.ca.us.

City Hall Directory:

Administration – (714) 229-6680                                                                            Public Works – (714) 229-6740
admin@ci.cypress.ca.us                                                                                       pw@ci.cypress.ca.us
Finance – (714) 229-6700                                                                                      Police – (714) 229-6600
fin@ci.cypress.ca.us                                                                                             cypd@ci.cypress.ca.us
Community Development – (714) 229-6720                                                          Recreation – (714) 229-6780
cdd@ci.cypress.ca.us                                                                                             crpd@ci.cypress.ca.us

City Council Agendas/Minutes are available at www.ci.cypress.ca.us.

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 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.

WORKSHOP SESSION

WORKSHOP TO DISCUSS A PROPOSED BALLOT INITIATIVE TO AMEND MEASURE “D” FOR THE MACKAY ELEMENTARY SCHOOL AND CYPRESS SCHOOL DISTRICT OFFICE PROPERTIES

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 LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators:  John B. Bahorski and Richard Storey
Employee Groups:
Police Management Association

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              

Camp Fire USA
Elsus and Rocket Cats Groups

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

1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-01, A REQUEST TO ESTABLISH A 24-HOUR FITNESS CENTER WITHIN TWO EXISTING RETAIL LEASE SPACES LOCATED AT 6907 & 6911 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. 2013-01, 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. 2013-01
– 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 – 12)

2.  APPROVAL OF MINUTES - Meeting of March 11, 2013.
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.  PROCLAIMING THE MONTH OF APRIL 2013 AS “DMV/DONATE LIFE CALIFORNIA MONTH” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim the month of April 2013 as “DMV/Donate Life California Month” in the City of Cypress.

5.  ADOPTION OF RESOLUTIONS REQUIRED TO HOLD A SPECIAL MUNICIPAL ELECTION ON JUNE 25, 2013.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council take the following actions by way of a single motion: 1) Adopt the Resolution by title only, title as follows, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 25, 2013, for the submission of a proposed ordinance; and 2) Adopt the Resolution by title only, title as follows, requesting the Board of Supervisors of the County of Orange to conduct a Special Municipal Election to be held on Tuesday, June 25, 2013; and 3) Adopt the Resolution by title only, title as follows, setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis; and 4) Adopt the Resolution by title only, title as follows, providing for the filing of rebuttal arguments for City measures submitted at municipal elections.

           
A Resolution of the City Council of the City of Cypress,
Calling and Giving Notice of the Holding of a Special
Municipal Election to be Held on Tuesday, June 25, 2013
For the Submission of a Proposed Ordinance.

A Resolution of the City Council of the City of Cypress,
Requesting the Board of Supervisors of the County of
Orange to Conduct a Special Municipal Election to be
Held on Tuesday, June 25, 2013.

A Resolution of the City Council of the City of Cypress,
Setting Priorities for Filing a Written Argument
Regarding a City Measure and Directing the City
Attorney to Prepare an Impartial Analysis.

A Resolution of the City Council of the City of Cypress,
Providing for the Filing of Rebuttal Arguments for
City Measures Submitted at Municipal Elections.

6.   RESOLUTION IN SUPPORT OF INITIATIVE MEASURE.
Prepared by: Denise Basham, City Clerk

Recommended Action:  That the City Council adopt the Resolution
by title only, title as follows, supporting the initiative measure on the June 25, 2013 special election ballot.

A Resolution of the City Council of the City of Cypress,
Supporting an Initiative Measure to Rezone Vacant and
Underutilized Land Subject to the Amended and
Restated Cypress Business & Professional Center
Specific Plan.

7.   ACCEPTANCE OF SEWER REHABILITATION ON LINCOLN AVENUE AND CYPRESS STREET, PUBLIC WORKS PROJECT NO. 21.
Prepared by: Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council: 1) Accept the Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 21, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,857,719.60; and 2) Approve the final retention payment of $92,886 to Paulus Engineering, Anaheim, 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.   AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR VARIOUS SEWER IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 78.
Prepared by: Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council: 1) Award a contract for Various Sewer Improvements, in the amount of $1,179,950, to the lowest responsible bidder Andrew Papac and Sons (Papac), South El Monte, California; authorize a contingency of $177,000 (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 $183,400, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services for Various Sewer Improvements, to Vail Cooper & Associates, Inc. (VCA); authorize a contingency of $27,500 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.

9.  AUTHORIZE AN INCREASE IN ESTIMATED REVENUES AND APPROPRIATION OF FUNDS FOR PUBLIC WORKS PERMIT INSPECTION SERVICES.
Prepared by: Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council: 1) Authorize an increase in Estimated Revenues in the General Fund by $12,000 in Account No. 111-70201.3204 (Street and Curb Permits); and 2) Authorize an appropriation increase in the General Fund in the amount of $12,000 to Account No. 111-70261.4189_010 (Professional Services Inspection) for Public Works Permit Inspection Services.

10.   APPROVAL OF AN AMENDMENT TO THE MEASURE M 7-YEAR CAPITAL IMPROVEMENT PROGRAM, FISCAL YEAR 2012-13 THROUGH 2018-19.
Prepared by: Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council approve an amendment to the Measure M 7-Year Capital Improvement Program, Fiscal Year 2012-13 through 2018-19 (7-Year CIP), for inclusion of the Automatic Retractable Screens (ARS) Installation Project.

11.  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2013.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council receive and file the Investment Report for the month of February, 2013.

12.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 25313 THROUGH 25468.
Prepared by:  Richard Storey, 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.

END OF CONSENT CALENDAR

NEW BUSINESS (13)

13.   ORANGE COUNTY SANITATION DISTRICT PROPOSED SEWER SERVICE FEE. (Mayor Narain) Recommended Action:  That the City Council provide direction to the Orange County Sanitation District representative.       

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, April 8, 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 20th day of March, 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, MARCH 22, 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