City of Cypress

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

AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 9, 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

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

CITY COUNCIL REORGANIZATION                                 

ELECTION OF MAYOR AND MAYOR PRO TEM

PRESENTATIONS                            

PRESENTATION OF MAYOR’S PLAQUE TO OUTGOING MAYOR PRAKASH NARAIN

REMARKS FROM COUNCIL MEMBERS

RECESS

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

1.    PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2013-08 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2013-03, A REQUEST TO EXPAND THE EXISTING LOS ALAMITOS RACE COURSE LOCATED AT 4961 KATELLA AVENUE IN THE PS-1A PUBLIC AND SEMI-PUBLIC ZONE.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council: 1) Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Checklist in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2013-08 and Design Review Committee Permit No. 2013-03, subject to the conditions in Exhibit “A” of the Resolutions.

A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2013-08
– With Conditions.

A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2013-03
- 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 November 25, 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.  ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR FUNDS FOR THE EASTBOUND RIGHT TURN LANE AT LINCOLN AVENUE AND VALLEY VIEW STREET 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 Eastbound Right Turn Lane at Lincoln Avenue and Valley View Street Project to the Orange County Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program (CTFP). 

A Resolution of the City Council of the City of Cypress,
Approving the Submittal of the Eastbound Right Turn
Lane at Lincoln and Valley View Project to the Orange
County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program.

5. ACCEPTANCE OF ALARM MONITORING EQUIPMENT DONATED BY THE CYPRESS POLICE FOUNDATION.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council accept the donation of alarm monitoring equipment from the Cypress Police Foundation. The equipment is valued at $684.

6. AWARD OF POLICE BACKGROUND INVESTIGATION CONTRACT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Per Section 21A-10, Section F, of the Cypress Municipal Code, determine it is in the best interest of the City to dispense with the bidding/request for qualifications (RFQ) process for police background investigation services; and 2) Based on the urgency to fill public safety positions due to unforeseen vacancies, approve the award of additional contract expenditures to RCS Investigations and Consulting LLC, P.O. Box 29798, Anaheim, CA 92809-9798 in the amount of $15,000 for police background investigation services in Fiscal Year 2013-2014; and 3) Approve the appropriation of $15,000 to account number 281-50179.4189_100 (Professional Services – Other) from the restricted fund balance of the Narcotics Asset Seizure Fund (281) for contracted police background investigations.

7.  ACCEPTANCE OF A DONATION FROM THE CYPRESS POLICE FOUNDATION AND APPROVAL OF ADDITIONAL APPROPRIATIONS TO BE USED TOWARD THE PURCHASE OF A POLICE SERVICE DOG AND RELATED TRAINING.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Approve the appropriation of $14,720 to account number 111-50163.4165 (Police Canine) for the purchase of a Police Service Dog (PSD) and related training; and 2) Accept a donation from the Cypress Police Foundation in the amount of $8,000 for the purchase of a Police Service Dog (PSD); and 3) Approve an increase in revenues of $8,000 in the form of a donation from the Cypress Police Foundation into account number 111-99999.3713 (Donations/Contributions) for a portion of the purchase of a PSD and associated training; and 4) Approve an increase in revenues of $6,000 in State Local Law Enforcement funds into account number 111-99999.3525 (Grants – Miscellaneous) for a portion of the purchase of a PSD and associated training; and 5) Approve the transfer of $720 from the Narcotics Asset Seizure Fund (281-99999.4501-111) to the General Fund (111-99999.3901-281) for a portion of the purchase of a PSD and associated training.

8.  APPROVAL OF APPROPRIATION FOR SURVEILLANCE VAN VIDEO EQUIPMENT.
Prepared by:  Jackie Gomez-Whiteley, Chief of Police

Recommended Action:  That the City Council: 1) Appropriate $7,778 from the unreserved fund balance of the City’s Equipment Replacement Fund to account 721-95300.4305_200 (Capital Outlay – Equipment)
for the purchase of undercover surveillance van equipment; and 2) Approve the increase in estimated revenues of $7,091 in the General Fund Grants Fund (114-50183.3525) for Fiscal Year 2013-14 AB109 monies awarded by the State of California; and 3) Approve the transfer of $7,778 from the General Fund Grants Fund (114-99999.4501_721) to the City’s Equipment Replacement Fund (721-99999.3901_114); and 4) Approve a decrease in appropriations of $687 in the General Fund Grants Fund (114-50183.4103_004).

9. DESIGN REVIEW COMMITTEE PERMIT NO. 2013-02, A REQUEST TO ESTABLISH A NEW SIGN PROGRAM FOR THE CYPRESS WEST SHOPPING CENTER LOCATED AT 4005-4197 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by:  Judy Aquino, Assistant Planner

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2013-02, subject to the conditions in Exhibit “A” of the Resolution. In accordance with CEQA guidelines, a Categorical Exemption, Class 11.a, will be filed for this project.

A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2013-02
- With Conditions.

10.  REGISTERED SEX OFFENDER RESTRICTIONS.
Prepared by:  William Wynder, City Attorney

Recommended Action:  That the City Council: 1) Introduce for first reading the Ordinance by title only, title as follows, amending portions of Chapter 17-74 of the Cypress Municipal Code; and 2) Take such other action the Council deems appropriate and consistent with the requirements of California law.

An Ordinance of the City Council of the City of Cypress,
California, Amending Portions of Chapter 17-74 of the
Cypress Municipal Code.

11. ADOPTION OF RESOLUTIONS ESTABLISHING THE TEMPORARY PART-TIME CLASSIFICATION OF POLICE OFFICER AND ADDING THE POSITION TO THE TEMPORARY PART-TIME AND SEASONAL EMPLOYEES HOURLY PAY RANGE SCHEDULE AND AS REQUIRED BY THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, APPROVING WAIVER OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT LAW MANDATORY 180-DAY WAITING PERIOD FOR OFFICER CHRISTOPHER MCSHANE.
Prepared by:  Cathy Thompson, Human Resources Manager

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 Resolutions by title only, titles as follows, establishing the Temporary Part-Time Classification of Police Officer and as required by the California Public Employees’ Retirement System, approving the waiver of the California Public Employees’ Retirement Law mandatory 180-day waiting period for Officer Christopher McShane.   

A Resolution of the City Council of the City of Cypress,
Acting as Ex-Officio Board of Directors of the Cypress
Recreation and Park District, Establishing the
Temporary Part-Time Classification of Police Officer
and Adding the Position to the Temporary Part-Time
and Seasonal Employees Hourly Pay Range Schedule.

A Resolution of the City Council of the City of Cypress,
Acting as Ex-Officio Board of Directors of the Cypress
Recreation and Park District, as Required by the
California Public Employees’ Retirement System,
Approving Waiver of the California Public Employees’
Retirement Law Mandatory 180-Day Waiting Period
For Officer Christopher McShane.

12.  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2013-14 FOR WARRANTS NO. 28286 THROUGH 28452.
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 (13)

13.   APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES.
Prepared by:  Denise Basham, City Clerk

Recommended Action:  That the City Council: 1) Confirm the Mayor’s appointments to the various organizations and committees; and
2) Adopt the Resolution by title only, title as follows, approving the appointment of a Director and Alternate to the Orange County Fire Authority Board of Directors.
             
A Resolution of the City Council of the City of Cypress,
California, Designating and Appointing its Representative
and Alternate to the Orange County Fire Authority’s
Board of Directors.

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 13, 2014 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 4th day of December, 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, DECEMBER 6, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.