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Agenda 2006-01-23 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 23, 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 23, 2006 Page 2 WORKSHOP DISCUSSION REGARDING THE COUNCIL’S ROLE IN SESSION EMERGENCY OPERATIONS ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Streets and Rights-of-Way Owned by the City Negotiating Party: Time Warner Under Negotiation: FCC Form 394 – Cable Transfer CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: David Norman, David Belmer Employee Groups: Cypress Police Management Association Cypress Police Officers Association RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY January 23, 2006 Page 3 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. PUBLIC HEARINGS (1) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING PROPOSED UPDATE TO THE CITY’S DEVELOPMENT FEES. Prepared by: David Belmer, Assistant City Manager Recommended Action: That the City Council: 1) Pursuant to Government Code Section 66018, conduct a public hearing on the proposed comprehensive update to the City’s development fees; and 2) Adopt a Resolution by title only, title as follows, deleting, establishing, and adjusting certain fees for city services. A Resolution of the City Council of the City of Cypress, Deleting, Establishing, and Adjusting Certain Fees for City Services January 23, 2006 Page 4 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 (2 - 10) 2. APPROVAL OF MINUTES Meeting of January 9, 2006. Prepared by: Jill R. Ingram, City Clerk Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes due to his absence from the meeting. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. APPROVAL OF AGREEMENT WITH THE CITY OF LOS ALAMITOS FOR BALL ROAD/BLOOMFIELD STREET COOPERATIVE STORM DRAIN PROJECT, PUBLIC WORKS PROJECT NO. 2006-01. Prepared by: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council: 1) Approve an agreement with the City of Los Alamitos for Ball Road/Bloomfield Street Cooperative Storm Drain Project; and 2) Authorize the City Manager to execute and the City Clerk to attest the agreement with the City of Los Alamitos, subject to the approval of the City Attorney. January 23, 2006 Page 5 5. ADOPTION OF A RESOLUTION ESTABLISHING COMPENSATION AND AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF ACCOUNTANT. 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: 1) Adopt the Resolution by title only, title as follows, establishing compensation for the classification of Accountant in the City’s Classification Plan; and 2) Adopt the class specification for the regular full-time position of Accountant, amending the City’s classification plan. A Resolution of the City Council of the City of Cypress, And Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Establishing Compensation for the Classification of Accountant in the City’s Classification Plan 6. ACCEPTANCE OF THE DONATION OF PHOTOGRAPHY EQUIPMENT. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council formally accept the donation of three (3) pieces of photography equipment. The equipment consists of one (1) X-Rite color transmission densitometer, one (1) compact light table with 7X stereo zoom, and one (1) comparison microscope with a Polaroid Microcam. 7. ACCEPTANCE OF EMERGENCY SEWER REPAIR ON MARION AVENUE, PUBLIC WORKS PROJECT NO. 2005-09. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Appropriate $86,000 from the unreserved balance of Sewer Fund (Fund 41) to Account No. 4186-41-457-28; and 2) Accept the emergency repair work on the sewer line on Marion Avenue. 8. ACCEPTANCE OF FINAL TRACT MAP NO. 16864. PROPERTY LOCATED AT 8552 LA SALLE STREET. Prepared by: David Sanchez, Assistant Engineer January 23, 2006 Page 6 Recommended Action: That the City Council approve Final Tract Map No. 16864 and authorize the City Clerk to sign the record map. 9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 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 December, 2005. 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 73621 THROUGH 73836. 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. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. January 23, 2006 Page 7 NEW BUSINESS (11 - 14) 11. 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. 12. ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING THE CYPRESS MUNICIPAL CODE BY ESTABLISHING REGULATIONS FOR THE USE OF THE CITY SEAL. Prepared by: David J. Norman, City Manager Recommended Action: That the City Council introduce for first reading an Ordinance to be considered by title only and to waive further reading, for approval of amending the Cypress Municipal Code by establishing regulations for the use of the City Seal. An Ordinance of the City Council of the City of Cypress, California, Amending the Cypress Municipal Code Establishing Regulations for the Use of the City Seal January 23, 2006 Page 8 13. AWARD OF CONTRACT TO PURCHASE SIX (6) TRAFFIC CALMING SIGNS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Award a contract to purchase six (6) traffic calming signs from Fortel Traffic, 1559 Harmony Circle, Anaheim, CA 92807, in the amount of $55,383.50; and 2) Appropriate $14,000 of Measure M Turnback monies to account 4186-39-868-22 for the installation of two (2) of these new traffic calming signs, and two (2) previously purchased traffic calming signs. 14. AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR DESIGN/BUILD OF POLICE EVIDENCE STORAGE BUILDING AND CIVIC CENTER RESTROOMS, PUBLIC WORKS PROJECT NO. 2004-27. Prepared by: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council: 1) Approve an operating transfer, in the amount of $23,700, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $23,700 into Account No. 4186-15-845-24; and 2) Approve an operating transfer, in the amount of $47,400, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $47,400 into Account No. 4186-15-845-24; and 3) Award a Professional Services Contract for Design/Build of Police Evidence Storage Building and Civic Center Restrooms, Public Works Project No. 2004-27, in the amount of $410,224, to the lowest responsible bidder, The Public Restroom Company, Reno, Nevada; and 4) Authorize a contingency of $42,800 (10% of Construction Amount) and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. January 23, 2006 Page 9 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 Special Meeting, to be held on Monday, January 30, 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 19 day of January, 2006. ________________________________ Jill R. Ingram, City Clerk January 23, 2006 Page 10 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 20, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. January 23, 2006 Jill R. Ingram City Clerk Page 7 ADDENDUM #1 TO JANUARY 23, 2006 CITY COUNCIL AGENDA NEW BUSINESS (11 -13) 11. 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 Manaaer 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. 12. AWARD OF CONTRACT TO PURCHASE SIX (6) TRAFFIC CALMING SIGNS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Award a contract to purchase six (6) traffic calming signs from Fortel Traffic, 1559 Harmony Circle, Anaheim, CA 92807, in the amount of $55,383.50; and 2) Appropriate $14,000 of Measure M Turnback monies to account 4186-39-868-22 for the installation of two (:2) of these new traffic calming signs, and two (2) previously purchased traffic calming signs. January 23, 2006 Page 8 13. AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR DESIGN/BUILD OF POLICE EVIDENCE STORAGE BUILDING AND CIVIC CENTER RESTROOMS, PUBLIC WORKS PROJECT NO. 2004-27. Prepared by: Doua Dancs. Director of Public Works/City Enaineer Recommended Action: That the City Council: 1) Approve an operating transfer, in the amount of $23,700, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $23,700 into Account No. 4186-15-845-24; and 2) Approve an operating transfer, in the amount of $47,400, from the Unreserved Balance of the General Fund to the Capital Improvement Project Fund, and appropriate $47,400 into Account No. 4186-15-845-24; and 3) Award a Professional Services Contract for Design/Build of Police Evidence Storage Building and Civic Center Restrooms, Public Works Project No. 2004-27, in the amount of $410,224, to the lowest responsible bidder, The Public Restroom Company, Reno, Nevada; and 4) Authorize a contingency of $42,800 (10% of Construction Amount) and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Addendum was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 20th day of January, 2006. \.GJY\ 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 20, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.