City of Cypress

5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6700

AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
TUESDAY, NOVEMBER 12, 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 LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Richard Linnington et al. v. City of Cypress
Case No. SACV 13-00065 CJC (MLGx)
United States District Court

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Allison Pitts v. City of Cypress, et al.
Case No. SACV 12-2166 DOC (ANx)
United States District Court

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Juventino Candelas v. City of Cypress
Case No. 30-2013-00655032
Orange County Superior Court

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Parker v. City of Cypress
WCAB No. ADJ7663057
Claim No. 11-110250

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                            

RECOGNITION OF CYPRESS VETERAN ELROY VOET
RECOGNITION OF CYPRESS HIGH SCHOOL MARCHING BAND
PRESENTATION BY ORANGE COUNTY VECTOR CONTROL DISTRICT

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

No items.

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 (1 – 11)

1.  APPROVAL OF MINUTES - Meeting of October 28, 2013.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  Approve as submitted.

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

3. AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL ENGINEERING SEWER DESIGN SERVICES.
Prepared by:  Nick Mangkalakiri, Associate Civil Engineer

Recommended Action:  That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to AKM Consulting Engineers, 553 Wald, Irvine, California 92618 and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to Lee & Ro, 1199 South Fullerton Road, City of Industry, California 91748-1232 and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Award a Professional Contract Services Agreement for On-Call Engineering Sewer Design Services to Harris & Associates, 22 Executive Park, Suite 200, Irvine, California 92614 and direct the Director of Public Works/City Engineer to act as Contract Officer.

4. AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL ENGINEERING STORM DRAIN DESIGN SERVICES.
Prepared by:  Dario Simoes, Associate Engineer

Recommended Action:  That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to AKM Consulting Engineers, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to Harris and Associates, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to Rick Engineering Company, Lake Forest, California, and direct the Director of Public Works/City Engineer to act as Contract Officer.

5. ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDS UNDER THE ENVIRONMENTAL CLEANUP TIER 2 GRANT PROGRAM.
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of an application for funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 2 Grant Program for the FY 2013-14 Priority Area Sediment/Pollution Removal Project, Public Works Project No. 115, and for future applications for each subsequent year through Fiscal Year 2017-18.

A Resolution of the City Council of the City of Cypress,
Authorizing Submittal of an Application for Funds for the
Environmental Cleanup, Tier 2 Grant Program Under
Orange County Local Transportation Ordinance No. 3
For the FY 13-14 Priority Area Sediment/Pollution
Removal Project, Public Works Project No. 115, and
Authorizing Future Applications for Funds for Each
Subsequent Year Through Fiscal Year 2017-18.

6.  ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDS FOR THE CERRITOS AVENUE BIKE CORRIDOR IMPROVEMENTS PROJECT.
Prepared by:  Nick Mangkalakiri, Associate Engineer

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of an application for the Bicycle Corridor Improvement Program (BCIP) funded with Congestion Mitigation and Air Quality Program (CMAQ) funding under the Moving Ahead for Progress in the 21st Century Federal Transportation Act (MAP-21) for the Cerritos Avenue Bike Corridor Improvements Project, from Denni Street to Walker Street.

A Resolution of the City Council of the City of Cypress
Authorizing Application for Funds for the Bicycle
Corridor Improvement Program (BCIP) Funded With
Congestion Mitigation and Air Quality Program
Funding Under the Moving Ahead for Progress in
the 21st Century (MAP-21) Federal Transportation
Act for the Cerritos Avenue Bike Corridor Improvements
Project (From Denni Street to Walker Street).

7.  ADOPTION OF A RESOLUTION CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (FTIP).
Prepared by:  Alvin Papa, Senior Civil Engineer

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, certifying that the City has the resources to fund the projects submitted for inclusion in the 2015 Federal Transportation Improvement Program (FTIP) and confirming the City’s commitment to implement all the projects submitted to the program, has the resources to fund the project in the FFY 2014/15 – 2019/20 Transportation Improvement Program, and affirms its commitment to implement all projects in the program.

A Resolution of the City Council of the City of Cypress,
California, Certifying That the City Has the Resources
to Fund the Projects Submitted for Inclusion in the
2015 Federal Transportation Improvement Program
(FTIP) and Confirming the City’s Commitment to
Implement All the Projects Submitted to the Program,
Has the Resources to Fund the Projects in the FFY
2014/15 – 2019/20 Transportation Improvement Program,
and Affirms Its Commitment to Implement All Projects in
the Program.

8.  ACCEPTANCE OF THE AMERICAN RED CROSS, ORANGE COUNTY CHAPTER SHELTER AGREEMENT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Accept the American Red Cross Shelter, Orange County Chapter Shelter Agreement for the Community Center and the Senior Center; and 2) Grant signature authority to the positions of City Manager, Mayor or Police Chief to execute such agreement as may be necessary.

9.  REPLACEMENT OF POLICE DEPARTMENT REFRIGERATOR.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council approve the appropriation of $1,600 to account number 721-95300.4305_300 (Equipment – Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a replacement refrigerator for the Police Department’s lunchroom.

10. ACCEPTANCE OF THE “AVOID THE 38” OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Accept the “Avoid the 38” 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 General Fund – Grants Fund for the grant total of $27,000; and 4) Approve appropriations in the General Fund – Grant Funds as follows:

114-50183.4003_021 (Overtime)                                            $25,000
114-50183.4188_005 (Contract Services – Public Dispatch) $  2,000

11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 27970 THROUGH 28138.
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

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, November 25, 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 6th day of November, 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, NOVEMBER 8, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.