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Agenda 2006-06-26 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 26, 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. Council Chambers 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 ***Recess the meeting to Closed Session. 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. June 26, 2006 Page 2 CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Real Property Identified by APN Numbers 241- 091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241- 231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Negotiating Party: Acting Executive Director, Acting Deputy Executive Director Under Negotiation: Site Status, Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: Richard Storey Employee Groups: Executive Management Mid-Management Non-Represented Cypress Police Management Association Cypress Police Officers Association Cypress Employees Association Cypress Maintenance Supervisors Association PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Clerk RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE June 26, 2006 Page 3 INVOCATION PRESENTATIONSMeasure M Presentation by the Orange County Transportation Authority 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. PUBLIC HEARINGS (1 - 4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2006-07 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Richard Storey, Acting City Manager Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the attached District budget as proposed for the fiscal June 26, 2006 Page 4 year beginning July 1, 2006 after the conclusion of the public hearing. 2. PUBLIC HEARING AND ADOPTION OF THE 2006/2007 – 2012/2013 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Gonzalo Vazquez, Contracts/Environmental Affairs Manager Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City’s proposed 2006/2007 – 2012/2013 Capital Improvement Program; and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2006/2007 – 2012/2013. 3. PUBLIC HEARING REGARDING AMENDMENT TO PARK FEE ORDINANCE. Prepared by: Ted J. Commerdinger, Acting Community Development Director Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Section 25-46 of the Cypress City Code and establishing park development fees within the City of Cypress. An Ordinance of the City Council of the City of Cypress, California, Amending Section 25-46 of the Cypress City Code and Establishing Park Development Fees Within the City of Cypress. JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY: 4. JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF THE CYPRESS REDEVELOPMENT AGENCY’S INCREASED PAYMENT TOWARD THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS TO THE CYPRESS COMMUNITY CENTER. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council and Cypress Redevelopment Agency take the following actions: 1) That the City Council adopt the Resolution by title only, title as follows, consenting to the increased payment by the Cypress Redevelopment Agency toward the cost of the installation and construction of publicly owned improvements to the Cypress Community Center; and 2) That the Redevelopment Agency adopt the Resolution by title only, title as June 26, 2006 Page 5 follows, approving the Agency’s increased payment toward the cost of the installation and construction of publicly owned improvements to the Cypress Community Center. A Resolution of the City Council of the City of Cypress, Consenting to the Increased Payment by the Cypress Redevelopment Agency Toward the Cost of the Installation and Construction of Publicly Owned Improvements to the Cypress Community Center. A Resolution of the Cypress Redevelopment Agency, Approving the Agency’s Increased Payment Toward the Cost of the Installation and Construction of Publicly Owned Improvements to the Cypress Community Center. 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 (5 – 18) 5. APPROVAL OF MINUTES Meetings of May 31 and June 12, 2006. Prepared by: Denise Basham, Acting City Clerk Recommended Action: Approve as submitted, with Mayor Sondhi and Council Member McCoy abstaining on the minutes of June 12, 2006, due to their absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. ADOPTION OF THE FISCAL YEAR 2006-07 BUDGET FOR THE CITY OF CYPRESS. Prepared by: Richard Storey, Acting City Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the City’s annual budget for the fiscal year beginning July 1, 2006. June 26, 2006 Page 6 A Resolution of the City Council of the City of Cypress, Approving The Annual Budget for the Fiscal Year Commencing July 1, 2006 And Fixing the Limitations of Expenditures for the Several Funds And the Functions, Departments, and Activities Carried on Under Such Funds. 8. ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2006. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. A Resolution of the City Council of the City of Cypress, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 7, 2006, for the Election of Certain Officers as Required by the Provisions of the City Charter. A Resolution of the City Council of the City of Cypress, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 7, 2006, With the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 9. A REQUEST FOR A TWELVE-MONTH EXTENSION OF CONDITIONAL USE PERMIT NO. 2005-03, ALLOWING THE CONSTRUCTION OF A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 8721 MOODY STREET. Prepared by: Judy Aquino. Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the extension of Conditional Use Permit No. 2005-03 (until May 9, 2007), subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving a Twelve (12) Month Extension of Conditional Use Permit No. 2005-03 – With Conditions. June 26, 2006 Page 7 10. ANNUAL REQUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Prepared by: Gonzalo Vazquez, Contracts/Environmental Affairs Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, informing the Orange County Transportation Authority (OCTA) that the Circulation Element of the Cypress General Plan conforms to the County’s Master Plan of Arterial Highways (MPAH). A Resolution of the City Council of the City of Cypress, Concerning the Status of the Circulation Element for the City of Cypress. 11. APPROVAL OF PLANS AND SPECIFICATIONS FOR MODIFICATION OF SEWER SYSTEM AT THE INTERSECTION OF MOODY STREET AND ALASKA AVENUE, PUBLIC WORKS PROJECT NO. 2006-04. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council approve the plans and specifications for Modification of Sewer System at the Intersection of Moody Street and Alaska Avenue, Public Works Project No. 2006-04. 12. AWARD OF CONTRACT FOR REPLACEMENT OF ASPHALT CONCRETE PAVEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2004-24. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for Public Works Project No. 2004-24, Replacement of Asphalt Concrete Pavement at Maintenance Yard, in the amount of $402,900.20, to the lowest responsible bidder, Tyner Paving, Los Angeles, CA; and 2) Authorize a contingency of $8,200 (2% 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. June 26, 2006 Page 8 13. 2006-2007 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council: 1) Receive and file the staff report for the 2006-2007 Capital Improvement Program (CIP) Consistency Determination; and 2) Determine that the 2006-2007 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). 14. APPROVAL OF EQUIPMENT/SERVICES TRADE AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF ORANGE. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the trade of fifteen (15) surplus mobile audio video (MAV) systems to the County of Orange in exchange for services in the amount of $6,000; and 2) Authorize a $6,000 increase to revenue account 3700-11 (Sale of Property) for the trade of MAV equipment to the County of Orange. 15. RESOLUTION APPROVING MEASURE M TRANSPORTATION INVESTMENT PLAN. Prepared by: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the renewed Measure M Transportation Investment Plan. A Resolution of the City Council of the City of Cypress, Approving the Renewed Measure M Transportation Investment Plan. 16. AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for June 26, 2006 Page 9 crossing guard services to All City Management Services, Inc., 1749 South La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $151,102 per year. 17. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2006. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council receive and file the Investment Report for the month of May, 2006. 18. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75911 THROUGH 76079. Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) (19) 19. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO “BOARDS, COMMISSIONS AND COMMITTEES.” Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council approve the second reading of the Ordinance by title only, title as follows, amending Chapter 2, Article IV, Sections 2-40 through 2-120 related to “Boards, Commissions and Committees.” An Ordinance of the City Council of the City of Cypress, and the Ex-Officio Governing Body of the Cypress Recreation and Park District, Amending Chapter 2, Article IV, Sections 2-40 through 2-120, Related to “Boards, Commissions and Committees.” UNFINISHED BUSINESS June 26, 2006 Page 10 No items. NEW BUSINESS (20 – 21) 20. ADOPTION OF AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE POSITION OF CITY MANAGER AS BEING OUTDATED, INCONSISTENT WITH THE CITY CHARTER OR CONTRARY TO BEST LEGAL PRACTICES. Prepared by: William Wynder, City Attorney Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, repealing certain provisions of the Municipal Code relating to the position of City Manager as being outdated, inconsistent with the City Charter or contrary to best legal practices. An Ordinance of the City Council of the City of Cypress, Repealing Certain Provisions of the Municipal Code Relating to the Position of City Manager as Being Outdated, Inconsistent with the City Charter or Contrary to Best Legal Practices. 21. ADOPTION OF A RESOLUTION CONSENTING TO THE TRANSFER OF A FRANCHISE FOR CABLE TELEVISION. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, consenting to the transfer of a franchise for cable television. A Resolution of the City Council of the City of Cypress, Consenting to the Transfer of a Franchise for Cable Television. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. June 26, 2006 Page 11 CYPRESS REDEVELOPMENT AGENCY MATTERS (22) The Cypress City Council, Acting as the Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR (22) 22. ADOPTION OF THE FISCAL YEAR 2006-2007 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Matt Burton, Finance Manager Recommended Action: That the Cypress Redevelopment Agency Board adopt the Agency’s attached annual budget as proposed for fiscal year beginning July 1, 2006. END OF CONSENT CALENDAR 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 June 26, 2006 Page 12 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, July 10, 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 nd 22 day of June, 2006. ________________________________ Denise Basham, Acting 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) 229-6685. NOTIFICATION BY NOON ON FRIDAY, JUNE 23, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.