Agenda 2007-05-14
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, MAY 14, 2007
4:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
EXECUTIVE BOARD ROOM
5275 Orange Avenue
CYPRESS, CALIFORNIA
CALL TO ORDER 4:30 P.M.
Executive Board Room
ROLL CALL MAYOR/AGENCY CHAIR PHIL LUEBBEN
MAYOR PRO TEM/AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
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.
May 14, 2007 Page 2
WORKSHOP FOLLOW UP DISCUSSION OF GOAL SETTING
SESSION WORKSHOP AND B.R.A.C.E. PROGRAM
REVIEW OF PROPOSED FISCAL YEAR 2007-2008
ANNUAL OPERATING BUDGET
Recess the meeting to Closed Session.
CLOSED CITY OF CYPRESS ITEMS:
SESSION
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators: John B. Bahorski, Richard
Storey
Employee Groups:
Executive Management
Mid-Management
Non-Represented
Cypress Employees’ Association
Cypress Maintenance Employees’ Association
Cypress Maintenance Supervisors’ Association
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers
241-091-22, 23, 24, 25 and 26; Consisting of
Approximately 13.329 Acres North of Katella
Avenue Between Winners Circle and Siboney
Street and Portions of Real Property Identified
by APN Numbers 241-231 -22, 27, 28, 32, 35 and
42; Consisting of Approximately 10 Acres North
of Katella Avenue Within the Los Alamitos Race
Track and Golf Course Redevelopment Project
Area
Party Negotiating With: Hopkins Real Estate
Group and Los Alamitos Race Course,
respectively
Negotiating Party: Acting Director of
Community Development/Deputy Executive
Director
May 14, 2007 Page 3
Under Negotiation: Site Status Update
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers
242-142-50 and 242-062-26; Consisting of an
Approximately 0.68 Acre Parcel at the
Southwest Corner of Myra Avenue and Moody
Street and a 1.0 Acre Parcel at the Northwest
Corner of Cerritos Avenue and Moody Street
Respectively
Party Negotiating With: Cypress Boys and Girls
Club and VFW
Negotiating Party: Acting Director of
Community Development/Deputy Executive
Director
Under Negotiation: Site Status Update
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS Introduction of New Police Officers
Erik Carlson and Rebecca Mondon
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
May 14, 2007 Page 4
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
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 - 18)
1. APPROVAL OF MINUTES
Meetings of April 14 and April 23, 2007.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
May 14, 2007 Page 5
2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
3. PROCLAIMING THE WEEK OF MAY 20-26, 2007 AS “NATIONAL
PUBLIC WORKS WEEK” IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim the week of May 20-26, 2007 as “National Public Works Week”
in the City of Cypress.
4. PROCLAIMING THE MONTH OF MAY, 2007 AS “VETERAN
APPRECIATION MONTH” IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim the month of May, 2007 as “Veteran Appreciation Month” in the
City of Cypress.
5. PROCLAIMING THE WEEK OF MAY 20-26, 2007 AS “EMERGENCY
MEDICAL SERVICES WEEK” IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim the week of May 20-26, 2007 as “Emergency Medical Services
Week” in the City of Cypress.
6. REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF
CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF
WEST HOLLYWOOD.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council authorize the inclusion of
the City of Cypress in an Amicus Brief in support of the City of West
Hollywood in the case entitled Save Tara v. City of West Hollywood,
Case No. S151402.
May 14, 2007 Page 6
7. APPROVAL OF CITY MANAGER APPOINTMENT OF MANAGER PRO
TEMPORE TO SERVE DURING ANY TEMPORARY ABSENCE OF
THE CITY MANAGER.
Prepared by: John B. Bahorski, City Manager
Recommended Action: That the City Council approve the proposed
appointment of Richard Storey, Assistant City Manager, to serve as
Manager Pro Tempore during any temporary absence or disability of the
City Manager.
8. AWARD OF CONTRACT FOR REPLACEMENT OF ONE VEHICLE.
Prepared by: Bobby Blackburn, Public Works Superintendent
Recommended Action: That the City Council: 1) Appropriate $23,399 to
Account No. 4365-90-659-39 from the Equipment Replacement Fund for
the replacement of one maintenance vehicle; and 2) Approve the
transfer of $23,399 from the City’s AB 2766 Fund (2200-40) to the City’s
Equipment Replacement Fund (1200-90) for the replacement of one
maintenance vehicle; and 3) Find that the City’s bid process has been
satisfied, and award a contract to purchase one 2007 Hybrid Toyota
Prius from Wondries Fleet Division, 1247 West Main Street, Alhambra,
California 91803, in the amount of $23,399.
9. ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR THE USED OIL RECYCLING BLOCK
GRANT.
Prepared by: Antonia Castro, Management Analyst
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, authorizing submittal of an application to the
California Integrated Waste Management Board for the Used Oil
Recycling Block Grant for fiscal year 2007-2008, and authorize the City
of Cypress to serve as the administering agency of the grant on behalf
of the cities of La Palma, Los Alamitos, and Seal Beach.
A Resolution of the City Council of the City of Cypress,
Authorizing Submittal of Application to the California
Integrated Waste Management Board for Used Oil
Recycling Block Grant.
May 14, 2007 Page 7
10. RECEIVE PETITION FOR RESIDENTIAL PARKING PERMIT
DISTRICT AND SET A PUBLIC HEARING DATE.
Prepared by: Keith Carter, Associate Engineer/Traffic
Recommended Action: That the City Council: 1) Receive the petition for
the establishment of a Residential Parking Permit District on Oxford
Drive (from 5323 through 5362 Oxford Drive) between the hours of
10 a.m. and 1 p.m. – school days only; and 2) Set a public hearing date
for this area for the City Council Meeting of June 11, 2007, to discuss the
establishment of a Residential Parking Permit District for the area that
has submitted a certified petition.
11. ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR THE RUBBERIZED ASPHALT
CONCRETE USE GRANT PROGRAM.
Prepared by: Antonia Castro, Management Analyst
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, authorizing submittal of an application to the
California Integrated Waste Management Board for the Rubberized
Asphalt Concrete Use Grant Program for Cycle 3.
A Resolution of the City Council of the City of Cypress,
Authorizing Submittal of Application to the California
Integrated Waste Management Board for the
Rubberized Asphalt Concrete Use Grant Program.
12. AWARD OF CONSULTANT SERVICES CONTRACT FOR CITYWIDE
DIGITAL ORTHOPHOTOGRAPHY LANDBASE SERVICES.
Prepared by: Antonia Castro, Management Analyst
Recommended Action: That the City Council award a consultant
services contract for citywide digital orthophotography landbase services
to MapCon Mapping, in the amount of $45,000, and authorize the City
Manager to execute the agreement on behalf of the City, and direct the
Director of Public Works/City Engineer to act as Contract Officer.
May 14, 2007 Page 8
13. ACCEPTANCE OF PAVEMENT REHABILITATION OF MOODY
STREET AND KATELLA AVENUE, PUBLIC WORKS PROJECT NOS.
2005-39 AND 2005-40.
Prepared by: Jim Gorin, Associate Engineer
Recommended Action: That the City Council: 1) Increase estimated
revenues by $440,000 in the City’s Special Gas Tax 2106 Fund
(Account No. 3525-22) for receipt of Federal Arterial Highways
Rehabilitation Program (AHRP) funding; and 2) Appropriate $440,000
from the unreserved fund balance of the Special Gas Tax 2106 Fund to
Account No. 4186-22-493-21 for the Pavement Rehabilitation of Moody
Street and Katella Avenue, Public Works Project Nos. 2005-39 and
2005-40; and 3) Accept the project for Pavement Rehabilitation of
Moody Street and Katella Avenue, Public Works Project Nos. 2005-39
and 2005-40, as being satisfactorily completed in conformance with
the project specifications, in the final amount of $939,052.08; and
4) Approve the final retention payment of $93,905.21 to All American
Asphalt, Corona, California 92878, thirty-five (35) days after Notice of
Completion is filed, if no claims or objections have been filed; and
5) 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.
14. APPROVAL OF ADDITIONAL APPROPRIATION FOR REPAIRS DUE
TO WIND DAMAGE.
Prepared by: Bobby Blackburn, Public Works Superintendent
Recommended Action: That the City Council: 1) Approve an
appropriation from the fund balance of the Central Services Fund to
Account 4187-76-624-08, in the amount of $12,500, to have the broken
handrail replaced and to have all of the wooden handrails at the Council
Chamber re-stained to keep a consistent color scheme; and 2) Approve
an appropriation from the fund balance of the Central Services Fund to
Account 4111-76-624-08, in the amount of $6,000, to add the required
fall protection railing at the Council Chamber.
15. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS)
TRAFFIC GRANT.
Prepared by: Rick Hicks, Chief of Police
May 14, 2007 Page 9
Recommended Action: That the City Council: 1) Accept the Office
of Traffic Safety Grant; and 2) Increase estimated revenues (3525-11-
Grants) in the General Fund for the grant total of $14,825; and
3) Approve appropriations from the fund balance of the General Fund as
follows: 4003-11-183-05 (overtime) in the amount of $14,825.
16. ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF
CYPRESS’ FISCAL YEAR 2007-08 APPROPRIATION LIMIT.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, establishing the City’s Fiscal Year 2007-08
appropriation limit.
A Resolution of the City Council of the City of Cypress,
Establishing the City’s Appropriation Limit for the
2007-08 Fiscal Year.
17. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO.
80578 THROUGH 80826.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council approve the attached
warrant register and wire transfers for Fiscal Year 2006-07.
Recreation & Park District Matters:
18. ADOPTION OF RESOLUTION ESTABLISHING THE CYPRESS
RECREATION AND PARK DISTRICT’S FISCAL YEAR 2007-08
APPROPRIATION LIMIT.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council, acting as the ex-officio
Board of Directors of the Cypress Recreation and Park District, adopt the
Resolution by title only, title as follows, establishing the District’s Fiscal
Year 2007-08 appropriation limit.
A Resolution of the City Council of the City of Cypress,
Ex Officio Governing Board of Directors of the Cypress
Recreation and Park District, a Subsidiary District of the
City of Cypress, Establishing the Cypress Recreation
and Park District’s Appropriation Limit for the 2007-08
May 14, 2007 Page 10
Fiscal Year.
END OF CONSENT CALENDAR
ORDINANCES (SECOND READING) (19)
19. SECOND READING OF AN ORDINANCE TO DESCRIBE THE
PROGRAM OF THE CYPRESS REDEVELOPMENT AGENCY TO
ACQUIRE REAL PROPERTY BY EMINENT DOMAIN, PURSUANT
TO THE REQUIREMENTS OF SENATE BILL 53.
Prepared by: Steve Clarke, Redevelopment Project Manager
Recommended Action: That the City Council adopt the Ordinance by
title only, title as follows, conforming to the requirements of Senate Bill
53, Chapter 591 of Statutes of 2006, as codified in California Health and
Safety Code Section 33342.7, to describe the program of the Cypress
Redevelopment Agency to acquire real property by eminent domain.
An Ordinance of the City Council of the City of Cypress,
Conforming to the Requirements of Senate Bill 53,
Chapter 591 of Statutes of 2006, as Codified in
California Health and Safety Code Section 33342.7, to
Describe the Program of the Cypress Redevelopment
Agency to Acquire Real Property by Eminent Domain.
NEW BUSINESS (20)
20. DESIGN REVIEW COMMITTEE PERMIT NO. 2007-01, A REQUEST
BY FRIENDS OF CYPRESS CULTURAL ARTS (FOCCA), TO
DONATE AN ART PIECE “AMERICAN PRIDE” TO THE CITY OF
CYPRESS AND TO LOCATE THE PIECE WITHIN THE CYPRESS
CIVIC CENTER AT 5275 ORANGE AVENUE IN THE PS ZONE.
Prepared by: Ted Commerdinger, Acting Director of Community
Development
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 2007-01, subject to the conditions described in the Resolution.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2007-01.
RECREATION & PARK DISTRICT MATTERS
May 14, 2007 Page 11
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.
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 Tuesday, May 29, 2007,
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
10 day of May, 2007.
________________________________
Denise Basham, City Clerk
May 14, 2007 Page 12
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, MAY 11, 2007, WILL ENABLE THE CITY
TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO
THIS MEETING.