AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 14, 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                                                                           
admin@ci.cypress.ca.us                                                                                      
Finance – (714) 229-6700                                                                                     
fin@ci.cypress.ca.us                                                                                            
Community Development – (714) 229-6720                                                         
cdd@ci.cypress.ca.us 
Public Works – (714) 229-6740
pw@ci.cypress.ca.us
Police – (714) 229-6600
cypd@ci.cypress.ca.us
Recreation – (714) 229-6780
crpd@ci.cypress.ca.us

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

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 262-461-05, Located
at 8721 Cypress Street
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)
Karla Ramirez and Mario Ramirez v. City of Cypress, et al.
Case No. 30-2012-00576917
Orange County Superior Court

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators:  John B. Bahorski and Richard Storey
Employee Groups:
Executive Management
Mid-Management
Non-Represented

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                            

STATE OF THE STATE PRESENTATION BY ASSEMBLYWOMAN SHARON QUIRK-SILVA

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.

Speakers and members of the audience are asked to please observe meeting decorum by using courteous and professional language at all times, refraining from clapping, whistling, etc. in response to a speaker’s comments, and allowing speakers to provide comments without interruption.

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. 2013-06 AND TENTATIVE TRACT MAP NO. 17650, A REQUEST BY BONANNI DEVELOPMENT TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FOUR CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8612 LA SALLE STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2013-06 and Tentative Tract Map No. 17650, subject to the conditions in Exhibit “A” of the Resolutions, and in accordance with CEQA guidelines, a Categorical Exemption, Class 32 will be filed for this project.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2013-06
– With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17650 – With
Conditions.

2.  PUBLIC HEARING REGARDING THE ADOPTION OF THE PROPOSED 2014-2021 HOUSING ELEMENT UPDATE OF THE CYPRESS GENERAL PLAN, AND FOCUSED AMENDMENTS TO THE LAND USE AND SAFETY ELEMENTS RELATED TO FLOODING.
Prepared by:  Kori Nevarez, Associate Planner

Recommended Action:  That the City Council: 1) Adopt the Resolution by title only, title as follows, adopting the 2014-2021 Housing Element Update of the Cypress General Plan, and focused amendments to the Land Use and Safety Elements related to flooding; and 2) Adopt the associated Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act.

A Resolution of the City Council of the City of Cypress,
Adopting the 2014-2021 Update Amendment of the
Housing Element of the General Plan of the City of
Cypress, and Adopting Focused Amendments to the
Land Use and Safety Elements Related to Flooding,
and Adopting the Associated Mitigated Negative
Declaration for the Same Amendments to the
General Plan.

JOINT PUBLIC HEARING WITH THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY:

3.   JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF THE EXECUTION AND RECORDATION OF A GRANT DEED TO FORMALIZE THE TRANSFER OF OWNERSHIP OF A 1.1 ACRE PARCEL FROM THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY TO THE CITY OF CYPRESS IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY.
Prepared by:  Steven Clarke, Redevelopment Project Manager

Recommended Action:  That the City Council/Successor Agency to the Dissolved Cypress Redevelopment Agency: 1) Hold a Joint Public Hearing on the matter of formalizing the transfer of the 1.1 acre parcel located at 5732 Lincoln Avenue, which is reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as Housing Successor to the Dissolved Cypress Redevelopment Agency; and 2) Adopt the Resolution of the Successor Agency to the Dissolved Cypress Redevelopment Agency by title only, title as follows, approving the execution and recordation of a grant deed to formalize the transfer of the 1.1 acre parcel at 5732 Lincoln Avenue, reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as the Housing Successor to the Dissolved Cypress Redevelopment Agency; and 3) Adopt the Resolution of the City Council of the City of Cypress by title only, title as follows, approving the execution and recordation of a grant deed to formalize the transfer of the 1.1 acre parcel at 5732 Lincoln Avenue, reserved for affordable housing purposes, from the Dissolved Cypress Redevelopment Agency to the City of Cypress in its capacity as Housing Successor to the Dissolved Cypress Redevelopment Agency, and finding the transfer to be exempt from the requirements of CEQA.

A Resolution of the Successor Agency to the
Dissolved Cypress Redevelopment Agency Approving
the Execution and Recordation of a Grant Deed to
Transfer Legal Title of 5732 Lincoln Avenue, Reserved
for Affordable Housing Purposes, to the City of Cypress
as Housing Successor to the Dissolved Cypress
Redevelopment Agency, and Finding the Transfer to be
Exempt from the Requirements of the California
Environmental Quality Act.

A Resolution of the City Council of the City of Cypress
Approving the Execution and Recordation of a Grant
Deed to Transfer Legal Title of 5732 Lincoln Avenue,
Reserved for Affordable Housing Purposes, to the City of
Cypress as Housing Successor to the Dissolved Cypress
Redevelopment Agency, and Finding the Transfer to be
Exempt from the Requirements of the California
Environmental Quality Act.

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 – 14)

4. APPROVAL OF MINUTES - Meeting of September 23, 2013.
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.  PROCLAIMING THE WEEK OF OCTOBER 6-12, 2013 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim the week of October 6-12, 2013 as “Fire Prevention Week” in the City of Cypress.

7.   PROCLAIMING THE WEEK OF OCTOBER 19-27, 2013 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council officially proclaim the week of October 19-27, 2013 as “Red Ribbon Week” in the City of Cypress.

8.  ADOPTION OF AMENDMENT NO. 3 TO OCTA MASTER FUNDING AGREEMENT NO. C-1-2760.
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council adopt Amendment No. 3 to Master Funding Agreement No. C-1-2760 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement.

9.   ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT GRANT PROGRAM FOR 2013-2014.
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) Grant signature authority to the positions of City Manager, Finance Director, or Police Chief to execute such contracts as necessary; and 3) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the Fiscal Year 2013-2014 General Fund-Grants Fund for the grant total of $33,700; and 4) Approve appropriations in Fiscal Year 2013-2014 in the General Fund-Grants Fund and the City’s Equipment Replacement Fund as follows: 114-50183.4003_021 (Overtime) in the amount of $28,800 and in 721-95300.4305_200 in the amount of $4,900 for safety equipment; and 5) Approve the transfer of $4,900 from the General Fund (114-99999.4501_721) to the City’s Equipment Replacement Fund (721-99999.3901_114).

10. RETIREMENT OF POLICE SERVICE DOG ARIS.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Authorize the retirement of Police Service Dog Aris; and 2) Transfer ownership of PSD Aris, and release all liability to the Police Department’s current trainer and sole source vendor, Dave Inglis of Inglis Police Dog Academy, for the sum of one (1) U.S. dollar.

11. ADOPTION OF A RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2013 THROUGH JUNE 30, 2016.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, and Memorandum of Understanding between the City of Cypress and the Cypress Police Officers’ Association.

A Resolution of the City Council of the City of Cypress,
Approving the Memorandum of Understanding Between
the City of Cypress and the Cypress Police Officers’
Association Concerning Wages, Salaries, Fringe
Benefits and Conditions of Employment.

12. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2012-13.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council approve additional appropriations and estimated revenues for Fiscal Year 2012-13 as follows:

1) Additional Appropriations from the unassigned fund balance of the General Fund to:

Account 111-10105.4189_005 (Litigation Services)               $    83,200
Account 111-20270.4188_007 (Animal Control Services)            26,300
Account 111-65243-6243.4189_010 (Inspection Services)          21,200
Account 111-65243-6244.4189_010 (Inspection Services)            3,400
Account 111-65243-6245.4189_010 (Inspection Services)            6,050
Account 111-65247.4189_006 (Plan Check Services)                 12,700
Account 111-70228-7228.4202 (Water)                                        66,100
Account 111-70228-7229.4202 (Water)                                          7,250
Account 111-70228-7232.4202 (Water)                                        12,050

2) Increase Estimated Revenues in the General Fund to:

Account 111-65241.3200 (Building Permits)                          $    66,800
Account 111-65241.3201 (Plumbing/Heating Permits)                 14,900
Account 111-65241.3202 (Electrical Permits)                    11,800
Account 111-65241.3620 (Building Plan Check Fees)                 41,100

3) Additional Appropriations from the fund balance of the Low and Moderate Housing Assets Fund to:

Account 471-62198.4001 (Regular Salaries)                          $   20,990
Account 471-62198.4006 (Fringe Applied)                                  14,850
Account 471-62198.4156_500 (Maintenance Services)                1,400
Account 471-62198.4189_004 (Legal Services)                               800

4) Additional Appropriations from the fund balance of the Print Shop Fund to:

Account 712-20601.4001(Regular Salaries)                           $     6,500
Account 712-20601.4006 (Fringe Applied)                                 18,550

13. RESOLUTION ADOPTING THE MEASURE M2 ANNUAL EXPENDITURE REPORT FOR FISCAL YEAR 2012-13.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the City Council, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, providing the required annual Expenditure Report for Measure M2 Funds to the Orange County Transportation Authority (OCTA) for the fiscal year ended June 30, 2013.

A Resolution of the City Council of the City of Cypress,
Concerning the Measure M2 Fiscal Year Ended
June 30, 2013 Expenditure Report for the City of
Cypress, California.

14.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 27465 THROUGH 27806.
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 2013-14.

END OF CONSENT CALENDAR

NEW BUSINESS (15 – 18)

15. AUTHORIZE THE ISSUANCE OF A REQUEST FOR STATEMENT OF QUALIFICATION (SOQ) FOR PROFESSIONAL CONSULTING SERVICES IN THE PREPARATION OF SOLID WASTE AND RECYCLING REQUEST FOR PROPOSALS AND IN DRAFTING SOLID WASTE AND RECYCLING AGREEMENT(S).
Prepared by:  Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council authorize the issue of a request for Statement of Qualification (SOQ) for professional consulting services in the preparation of solid waste and recycling request for proposals and in drafting solid waste and recycling agreement(s).

16. AUTHORIZE THE ISSUANCE OF A REQUEST FOR STATEMENT(S) OF QUALIFICATION(S) (SOQ) FOR PROFESSIONAL CONSULTING SERVICES FOR THE COMMERCIAL SOLID WASTE AND RECYCLING SERVICES FRANCHISE AGREEMENTS COMPLIANCE EXAMINATION.
Prepared by:  Andrew Tse, Administrative Services Manager

Recommended Action:  That the City Council authorize the issuance of a request for Statement(s) of Qualification(s) (SOQ) for professional consulting services for the exclusive commercial solid waste and recycling services franchise agreements compliance examination.

17.  VETERAN RECOGNITION PROGRAM.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council: 1) Approve the Veteran Recognition Program; and 2) Confirm the Mayor’s appointment of two Council Members to serve on the Veteran Recognition Subcommittee.

18.  INTRODUCTION AND FIRST READING OF ORDINANCES ADOPTING THE 2013 CALIFORNIA MODEL BUILDING, ELECTRICAL, PLUMBING, AND FIRE CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS AND SETTING A PUBLIC HEARING DATE.
Prepared by:  Bob Decker, Building Official

Recommended Action:  That the City Council introduce for first reading by title only, titles as follows, and simultaneously set for public hearing, the four ordinances adopting the current model Building, Electrical, Plumbing, and Fire Codes, with amendments, for the City of Cypress.

An Ordinance of the City Council of the City of Cypress,
Amending Sections 5-1 and 5-2 of Chapter 5 of the
Cypress Municipal Code, Thereby Adopting by Reference
the Following Codes with Certain Amendments Thereto:
the 2013 Edition of the California Building Code, the 2013
Edition of the California Residential Code, the 2013 Edition
of the California Green Building Standards Code, the 2013
Edition of the California Mechanical Code, the 1997 Edition
of the Uniform Housing Code, the 1997 Edition of the
Uniform Code for the Abatement of Dangerous Buildings,
the 2006 Edition of the International Property Maintenance
Code, and Repealing Ordinance No. 1120.

An Ordinance of the City Council of the City of Cypress,
Amending Chapter 8 of the Cypress City Code and
Thereby Adopting by Reference the California Electrical
Code, 2013 Edition, with Certain Amendments and
Repealing Ordinance No. 1121.

An Ordinance of the City Council of the City of Cypress,
Amending Chapter 19 of the Cypress City Code and
Thereby Adopting by Reference the Following Codes
With Certain Amendments Thereto: the 2013 Edition of
the California Plumbing Code, the 1997 Edition of the
Uniform Swimming Pool, Spa, and Hot Tub Code, the
1997 Edition of the Uniform Solar Energy Code, and the
Uniform Plumbing Code Material and Installation
Standards and Repealing Ordinance No. 1122.

An Ordinance of the City Council of the City of Cypress,
Amending Section 5-3 of Chapter 5 of the Cypress
Municipal Code, and Thereby Adopting by Reference
the Following Code with Certain Amendments Thereto:
the 2013 Edition of the California Fire Code and
Repealing Ordinance No. 1123.

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 (19):

19.   ADOPTION OF THE FISCAL YEAR 2012-13 AND FISCAL YEAR 2013-14 ADMINISTRATIVE BUDGET FOR THE CYPRESS SUCCESSOR AGENCY.
Prepared by:  Richard Storey, Director of Finance and Administrative Services

Recommended Action:  That the Successor Agency: 1) Adopt the administrative budget for the Successor Agency for the two six-month periods of July 1-December 31, 2012 and January 1-June 30, 2013 (i.e., Fiscal Year 2012-2013); and 2) Adopt the administrative budget for the Successor Agency for the two six-month periods of July 1-December 31, 2013 and January 1-June 30, 2014 (i.e., Fiscal Year 2013-2014).

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, October 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 October, 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, OCTOBER 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