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Agenda 2006-10-09 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 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. October 9, 2006 Page 2 WORKSHOP PARK DEVELOPMENT FEES SESSION ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER October 9, 2006 Page 3 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 – 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2007-2008. Prepared by: Steven Clarke, Redevelopment Project Manager Recommended Action: That the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2007-2008 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City’s participation in the Fiscal Year 2007-2008 Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. A Resolution of the City Council of the City of Cypress, Approving the City’s Participation in the Fiscal Year 2007-2008 Housing and Community Development Block Grant (CDBG) Program With the County of Orange. October 9, 2006 Page 4 JOINT PUBLIC HEARING OF THE CYPRESS CITY COUNCIL, ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS FOR THE CYPRESS RECREATION AND PARK DISTRICT, WITH THE CYPRESS REDEVELOPMENT AGENCY: 2. JOINT PUBLIC HEARING TO CONSIDER APPROVAL OF THE CONVEYANCE OF CERTAIN REAL PROPERTY USED FOR RECREATION AND PARK PURPOSES FROM THE CYPRESS REDEVELOPMENT AGENCY TO THE CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Steven Clarke, Redevelopment Project Manager Recommended Action: That the City Council: 1) Hold a joint public hearing on the matter of the transfer of the 2.15 acre parcel within the Civic Center complex used for recreation and park purposes from the Agency to the Park District; and 2) Adopt the Cypress Redevelopment Agency Resolution by title only, title as follows, approving a grant deed to convey certain real property used for recreation and park purposes to the Cypress Recreation and Park District; and 3) Adopt the Cypress Recreation and Park District Resolution by title only, title as follows, approving a grant deed for the conveyance of certain real property used for recreation and park purposes from the Cypress Redevelopment Agency to the Cypress Recreation and Park District. A Resolution of the Cypress Redevelopment Agency, Approving a Grant Deed to Convey Certain Real Property Used for Recreation and Park Purposes to the Cypress Recreation and Park District. A Resolution of the Cypress Recreation and Park District, Approving a Grant Deed for Conveyance of Certain Real Property Used for Recreation and Park Purposes from the Cypress Redevelopment Agency to the Cypress Recreation and Park District. 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. October 9, 2006 Page 5 CONSENT CALENDAR (3 - 12) 3. APPROVAL OF MINUTES Meeting of September 25, 2006 Prepared by: Denise Basham, Acting City Clerk Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE WEEK OF OCTOBER 20-27, 2006 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of October 20-27, 2006 as “Red Ribbon Week” in the City of Cypress. 6. ADOPTION OF TRAVEL AND REIMBURSEMENT POLICY – ELECTED AND APPOINTED OFFICIALS. Prepared by: William Wynder, City Attorney, and Richard Storey, Acting City Manager Recommended Action: That the City Council adopt the policy entitled “Travel and Reimbursement Policy” establishing expense reimbursement guidelines for elected and appointed officials of the City of Cypress. 7. ADOPTION OF A RESOLUTION ESTABLISHING THE CLASSIFICATION OF WATER QUALITY MANAGER. 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: 1) Adopt the Resolution by title only, title as follows, establishing the classification and salary range of Water Quality Manager and eliminating the classification of Contract/Environmental Affairs Manager; and 2) Adopt the class specification for Water Quality Manager, 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 October 9, 2006 Page 6 Recreation and Park District, Establishing the Classification and Compensation for the Position of Water Quality Manager. 8. ACCEPTANCE OF INTERSECTION IMPROVEMENTS AT VALLEY VIEW STREET AND BALL ROAD, PUBLIC WORKS PROJECT NO. 2005-03. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Accept the Intersection Improvements at Valley View Street and Ball Road, Public Works Project No. 2005-03, as being satisfactorily completed in conformance with the project specifications in the final amount of $510,706.59; and 2) Approve the final retention payment of $51,070.66 to Western Surety Company, 2344 East Camelback Road, Suite 500, Phoenix, Arizona 85016; 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. 9. APPROVAL OF FISCAL YEAR 2005-06 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2006-07. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council: 1. Authorize the appropriation of funds in Fiscal Year 2006-07 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 468,318 15 Capital Projects Fund 5,200,909 22 Gas Tax 2106 Fund 924,131 26 Plan Local Drainage Facility Fund 865,351 27 Corporate Center Maintenance District #1 28,790 28 Narcotics Asset Seizure Fund 16,225 39 Measure M Gas Tax Fund 959,847 41 Sewer Fund 411,847 76 Central Services Fund 1,395 89 Print Shop/IS Fund 7,500 90 Capital Replacement Fund 897,400 TOTAL $9,781,713 October 9, 2006 Page 7 2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2006-07 as listed below: FROM TO AMOUNT 11 General Fund 90 Capital Replacement $ 53,342 24 Traffic Mitigation 11 General Fund 72,924 28 Asset Seizure 90 Capital Replacement 28,108 35 RDA – Civic Center Fund 15 Capital Projects 2,599,439 26 Local Drainage Facility 43 Storm Drainage 153,960 39 Measure M Gas Tax 22 Special Gas Tax 640,720 TOTAL $3,548,493 3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2006-07: 11 General Fund $110,790 39 Measure M Gas Tax Fund 1,083,560 TOTAL $1,194,350 4. Authorize the appropriation of funds in Fiscal Year 2006-07 for items encumbered at June 30, 2006 as detailed in Attachment B and summarized below: 11 General Fund $81,672 15 Capital Projects Fund 508,586 22 Special Gas Tax 2106 Fund 76,589 27 Corporate Center Maintenance District Fund 180 28 Narcotics Asset Seizure Fund 5,887 39 Measure M Gas Tax Fund 315,014 41 Sewer Fund 265,577 43 Storm Drainage Fund 195,482 76 Central Services Fund 7,330 90 Capital Replacement Fund 345,444 TOTAL $ 1,801,761 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 77620 THROUGH 77804. Prepared by: Matt Burton, Finance Manager October 9, 2006 Page 8 Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation and Park District Matters: 11. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDERS AND REJECT BIDS AS RECOMMENDED FOR PHASE 3 OF THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION – PROJECT NO. 2005-35. Prepared by: Laura Detweiler, Recreation and Community Services Director Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and Expansion of Cypress Community Center, to enter into contract with the following lowest responsible bidders by trade in accordance to Section 3.7 of the July 10, 2006 Council Approved Program Management Agreement: Trade Contractor Total Contract Amount Demolition T Construction $71,500.00 Earthwork T Construction 96,500.00 Site Concrete T Construction 88,000.00 Concrete Masonry Units NuWay Inc. 121,500.00 Structural Steel Richwell Steel Co. Inc. 23,153.00 Rough Carpentry Laurence-Hovenier Inc. 186,500.00 Architectural Woodwork K & Z Cabinet Co. Inc. 85,180.00 Roofing Applied Roof 144,840.00 Engineering Inc. Flashing & Sheet Metal Applied Roof 38,440.00 Engineering Inc. Metal Door/Frames G & G Door Products 121,420.00 Drywall/Gypsum Board Pacific Wall Systems, 292,089.00 October 9, 2006 Page 9 Inc. Acoustical Ceilings Ceiling Concepts Inc. 62,245.00 Painting T Construction 49,000.00 Operable Partitions Hufcor Airwall 41,790.00 Toilet & Bath Accessories Global Steel Products 17,221.00 Corporation Plumbing Pacific Plumbing Co. 196,650.00 of Santa Ana HVAC & Controls Christian Brothers 342,850.00 Heating & Air Conditioning Electrical Professional Electrical 295,000.00 Contractors Total Funds: $2,273,878.00 and 2) Reject the following bids by trade: Trade Contractor Total Contract Amount Concrete Reinforcing Steel R & D Steel, Inc. $ 53,400.00 Concrete Reinforcing Steel Rebar Engineering 52,300.00 Cast Concrete Largo 356,000.00 Insulation Dittemore Bros. Inc. 17,890.00 Insulation F. Rodgers Insulation 34,000.00 Insulation Insulcom 7,521.00 Insulation Viking Insulation Co. 51,194.00 12. APPROVAL OF FISCAL YEAR 2005-06 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2006-07. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1. Authorize the appropriation of funds in Fiscal Year 2006-07 for items encumbered at June 30, 2006 as detailed in Attachment A and summarized below: October 9, 2006 Page 10 12 General Fund $51,301 83 Central Services Fund $ 1,924 2. Authorize the appropriation of funds in Fiscal Year 2006-07 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 12 General Fund $142,878 3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2006-07 as listed below: FROM TO AMOUNT 83 Central Services Fund 12 Rec & Park District $ 9,598 13 Park Development Fund 12 Rec & Park District $76,459 12 Rec & Park District 83 Central Services Fund $ 587 END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. October 9, 2006 Page 11 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 (13) 13. APPROVAL OF FISCAL YEAR 2005-06 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS REDEVELOPMENT AGENCY TO FISCAL YEAR 2006-07. Prepared by: Matt Burton, Finance Manager Recommended Action: That the Cypress Redevelopment Agency Board: 1. Authorize the appropriation of funds in Fiscal Year 2006-07 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 36 Low and Moderate Housing Set-Aside Fund $ 1,042,350 2. Authorize the appropriation of funds in Fiscal Year 2006-07 for items encumbered at June 30, 2006 as detailed in Attachment B and summarized below: 35 Civic Center Project Fund $ 10,914 37 Lincoln Avenue Project Fund $ 10,914 38 LART Project Fund $ 20,392 36 Low and Moderate Housing Set-Aside Fund $ 49,750 3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2006-07 as listed below: FROM TO AMOUNT 35 Civic Center Project Fund 15 City CIP Fund $2,599,439 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 October 9, 2006 Page 12 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, October 23, 2006, beginning at 5:45 p.m. in the Council Chambers. 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 October, 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, OCTOBER 6, 2006, WILL ENABLE THE October 9, 2006 Page 13 CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.