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Agenda 2006-01-09 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 9, 2006 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR LYDIA SONDHI MAYOR PRO TEM/AGENCY VICE CHAIR PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER TODD SEYMORE ORAL COMMUNICATIONS The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency, 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. 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. City Council Agendas/Minutes are available at www.ci.cypress.ca.us. January 9, 2006 Page 2 WORKSHOP DISCUSSION REGARDING WILLOW PARK POND SESSION CONDITION ASSESSMENT ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY ORAL COMMUNICATIONS (LIMITED TO ONE-HALF HOUR) The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency, 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. January 9, 2006 Page 3 PUBLIC HEARINGS Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 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. CONSENT CALENDAR (1 - 7) 1. APPROVAL OF MINUTES Meetings of December 5 and December 12, 2005. Prepared by: Jill R. Ingram, 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 CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR AN UPDATE OF THE CYPRESS CITYWIDE TRAFFIC IMPROVEMENT FEE ANALYSIS AND THE CYPRESS REGIONAL TRAFFIC IMPACT FEE ANALYSIS, PUBLIC WORKS PROJECT NO. 2005-23. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Award a professional consulting services contract for an update of the Cypress Citywide Traffic Improvement Fee Analysis and the Cypress Regional Traffic Impact Fee Analysis, Public Works Project No. 2005-23, to Kimley-Horn and Associates, Inc., 2100 W. Orangewood Avenue, Suite 140, Orange, California 92868, in the amount of $23,700; and 2) Authorize a contingency of $3,555 (15% of Contract Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority. January 9, 2006 Page 4 4. ACCEPTANCE OF REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 3, PUBLIC WORKS PROJECT NO. 2004-22. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept the project for Rehabilitation of Tanglewood Alleys, Phase 3, Public Works Project No. 2004-22, as being satisfactorily completed in substantial conformance with the project specifications, in the final amount of $541,719.20; and 2) Approve the final retention payment of $27,085.96 to Copp Contracting, P.O. Box 457, Buena Park, California 90621-0457, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 5. ACCEPTANCE OF FINAL PARCEL MAP NO. 2005-160. PROPERTY LOCATED AT 6550 KATELLA AVENUE AND 11130 HOLDER STREET. Prepared by: David Sanchez, Assistant Engineer Recommended Action: That the City Council approve Final Parcel Map No. 2005-160 and authorize the City Clerk to sign the record map. 6. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2005. 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 November, 2005. 7. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 73234 THROUGH 73620. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. January 9, 2006 Page 5 END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS (8 - 12) 8. AWARD OF CONTRACT FOR CYPRESS ACRES SIDEWALKS ON MERTEN AVENUE, BELMONT STREET, AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2005-14. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for Public Works Project No. 2005-14, Cypress Acres Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, in the amount of $176,006, to the lowest responsible bidder Damon Construction, Cypress, California; and 2) Authorize a contingency of $26,400 (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. 9. AWARD OF CONTRACT FOR ON-CALL LANDSCAPE SERVICES. Prepared by: Doug Dancs, Public Works Director/City Engineer Recommended Action: That the City Council award an on-call unit price/maintenance services contract for landscaping services to Mariposa Horticultural Enterprises, Inc., in an amount not to exceed $561,350, and direct the Director of Public Works/City Engineer to act as Contract Officer. January 9, 2006 Page 6 10. ADOPTION OF TWO RESOLUTIONS RELATED TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM COMCAST CABLE TO TIME WARNER, INC. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, rejecting and denying without prejudice a FCC Form 394 relating to the transfer of the Cable Television Franchise, and/or control thereof, to an entity controlled by Time Warner, Inc.; and conditionally approving a transfer of the Cable Television Franchise, and/or control thereof, to an entity controlled by Time Warner, Inc. A Resolution of the City Council of the City of Cypress, California, Rejecting and Denying Without Prejudice a FCC Form 394 Relating to the Transfer of the Cable Television Franchise, And/Or Control Thereof, To An Entity Controlled by Time Warner, Inc. A Resolution of the City Council of the City of Cypress, California, Conditionally Approving a Transfer of the Cable Television Franchise, And/Or Control Thereof, To An Entity Controlled by Time Warner, Inc. 11. REQUEST OF COUNCIL: DISCUSSION OF THE ORANGE COUNTY VECTOR CONTROL DISTRICT RETIREMENT BENEFIT. Prepared by: David J. Norman, City Manager Recommended Action: That the City Council review the attached material, discuss the relevant issues, and provide a recommendation to the City’s representative to the Orange County Vector Control District Board on the subject of retirement benefits for the District’s employees. 12. REQUEST OF COUNCIL: DISCUSSION OF SUPPORT FOR THE CITY OF COSTA MESA’S ACTION TO ENFORCE FEDERAL IMMIGRATION LAWS. Prepared by: David J. Norman, City Manager Recommended Action: That the City Council review the attached material, discuss the relevant issues, and provide direction to Staff. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. January 9, 2006 Page 7 No items. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency 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 a Regular Meeting, to be held on Monday, January 23, 2006, 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 th 5 day of January, 2006. ________________________________ Jill R. Ingram, City Clerk January 9, 2006 Page 8 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 6, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.