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Agenda 2007-08-13 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 13, 2007 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 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. August 13, 2007 Page 2 Recess the meeting to Closed Session. CLOSED CYPRESS REDEVELOPMENT AGENCY ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 242-142-50; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and Moody Street Party Negotiating With: Cypress Boys and Girls Club Negotiating Party: Director of Community Development/Deputy Executive Director Under Negotiation: Site Status Update CITY OF CYPRESS ITEMS: CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Cypress Employees’ Association Cypress Maintenance Employees’ Association Cypress Maintenance Supervisors’ Association RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION August 13, 2007 Page 3 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. PUBLIC HEARINGS (1 – 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2007-10, A REQUEST TO ALLOW THE SALE OF BEER AND WINE TO THE EXISTING JAPANESE RESTAURANT (DBA MAKI YAKI) LOCATED AT 6907 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2007-10, subject to the conditions in Exhibit “A” of the Resolution. August 13, 2007 Page 4 A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2007-10 – With Conditions. 2. PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 2007-129, A REQUEST TO SUBDIVIDE TWO PARCELS INTO THREE PARCELS ON PROPERTIES LOCATED NORTH OF KATELLA AVENUE BETWEEN ENTERPRISE DRIVE AND SIBONEY STREET WITHIN THE PBP PLANNED BUSINESS PARK AND PS PUBLIC AND SEMI-PUBLIC ZONES. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Tentative Parcel Map No. 2007-129, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Tentative Parcel Map No. 2007-129 – With Conditions. 3. PUBLIC HEARING RELATING TO THE CITIZENS’ OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens’ Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the continued use of grant funds for one (1) Police Services Officer position, which was approved in fiscal year 1999/2000. These funds, $78,170, will pay for the Police Services Officer’s salary for fiscal year 2007/2008; and 3) Approve the continued use of the remaining funds for one (1) Police Officer position, which was approved during fiscal year 2001/2002. These remaining funds, $25,137, will pay for a portion of that officer’s salary for fiscal year 2007/2008. A Resolution of the City Council of the City of Cypress, California, Approving an Increase of Estimated Revenues for Fiscal Year 2007/2008 in the Supplemental Law Enforcement Services Fund to be Used to Pay for the Salary of a Police Services Officer and a Portion of the Salary for a Police Officer. August 13, 2007 Page 5 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 (4 – 21) 4. APPROVAL OF MINUTES. Meeting of July 23, 2007. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6. PROCLAMATION RECOGNIZING THE FEDERATION OF INDO- TH AMERICAN ASSOCIATIONS ON THE OCCASION OF INDIA’S 60 INDEPENDENCE DAY CELEBRATION. Prepared by: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim and recognize the Federation of Indo-American Associations th on the occasion of India’s 60 Independence Day Celebration. 7. PROCLAMATION RECOGNIZING BRIGADIER GENERAL JAMES P. TH COMBS, COMMANDING GENERAL, 40 INFANTRY DIVISION AND POST COMMANDER, JOINT FORCES TRAINING BASE IN LOS ALAMITOS. Prepared by: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim and recognize Brigadier General James P. Combs, August 13, 2007 Page 6 th Commanding General, 40 Infantry Division and Post Commander of the Joint Forces Training Base in Los Alamitos for his service as Commanding General. 8. APPROVAL OF AMENDMENTS TO THE JOINT POWERS AUTHORITY AGREEMENT GOVERNING THE CALIFORNIA INSURANCE POOL AUTHORITY. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council approve the proposed amendments to the Joint Powers Authority Agreement governing the California Insurance Pool Authority to which Cypress is a member agency. 9. APPROVAL TO DISPENSE WITH THE BID PROCESS TO REPLACE WATER DAMAGED ITEMS IN THE SENIOR CENTER AUDITORIUM AND TO APPROPRIATE FUNDS FOR THE REPAIR WORK. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council approve the following actions in order to replace the damaged wood floor, electronic room divider, baseboard molding, drywall and paint within the Senior Center Auditorium due to flooding that occurred as a result of a broken fire sprinkler in the Auditorium ceiling: 1) Per Section 21A-10, Section F, of the Cypress Municipal Code, determine it is in the best interest of the City to dispense with the bidding process to conduct the necessary repairs at the Senior Center in order to restore business in a timely manner as well as to stave off further water- related damage to the facility; and 2) Appropriate $200,000 from the Unreserved Fund Balance of the City’s General Fund to account 4187-11-231-08 to cover the expenses for the repair work. 10. FILING OF COMMERCIAL AND INDUSTRIAL REFUSE RATES. Prepared by: Antonia Castro, Management Analyst Recommended Action: That the City Council receive and file the commercial and industrial refuse rates. 11. AWARD OF CONTRACT FOR REPLACEMENT OF THREE POLICE VEHICLES. August 13, 2007 Page 7 Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council award a contract to purchase three 2008 Chevrolet Impala LS-1WB19 models from Lake Chevrolet, 31201 Auto Center Drive, Lake Elsinore, California 92531, in the amount of $54,332.25. 12. ADOPTION OF RESOLUTIONS WITHDRAWING RECOGNITION OF THE CYPRESS MAINTENANCE SUPERVISORS’ ASSOCIATION AND MODIFYING RESOLUTION NO. 6042 TO ADD THE CLASSIFICATION OF PUBLIC WORKS MAINTENANCE SUPERVISOR TO THE MID- MANAGEMENT PAY AND BENEFITS PLAN. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, title as follows, withdrawing recognition of the Cypress Maintenance Supervisors’ Association; and 2) Modify Resolution No. 6042 to add the classification of Public Works Maintenance Supervisor to the Mid-Management Pay and Benefits 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, Withdrawing Recognition of the Cypress Maintenance Supervisors’ Association. 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, Amending Resolution No. 6042 to Add the Classification of Public Works Maintenance Supervisor to the Mid-Management Pay and Benefits Plan. 13. ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, approving the Memorandum of Understanding (MOU) between the City of Cypress and the Cypress Maintenance Employees’ Association. A Resolution of the City Council of the City of Cypress, August 13, 2007 Page 8 and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Maintenance Employees’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 14. ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, approving the Memorandum of Understanding (MOU) between the City of Cypress and the Cypress Employees’ Association. 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, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Employees’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 15. ADOPTION OF A RESOLUTION AMENDING HOURLY PAY RANGES FOR RESERVE POLICE OFFICER. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, modifying Resolution No. 5812 establishing hourly pay ranges for temporary part-time and seasonal positions. 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 the Hourly Wage For the Classification of Reserve Police Officer. 16. ADOPTION OF FRAUD IN THE WORKPLACE ADMINISTRATIVE POLICY. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services August 13, 2007 Page 9 Recommended Action: That the City Council adopt the Administrative Policy regarding Fraud in the Workplace. 17. ADOPTION OF SERVICE CONTRACT FOR CALIFORNIA FORENSIC PHLEBOTOMY. 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 California Forensic Phlebotomy is the sole source vendor; and 2) Authorize the adoption of a service contract for phlebotomy services (blood draws) with California Phlebotomy, 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California 92692, for a one-year period from July 2007 through July 2008, not to exceed the amount of $27,000. 18. AWARD OF CONTRACT FOR PARKING CITATION PROCESSING. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council award a three (3) year contract to Data Ticket, Inc., for citation processing services and a handheld citation system. 19. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 81856 THROUGH 82330. 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: 20. APPROVAL OF AGREEMENT WITH COMMUNITY SENIOR SERV, INC. 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, approve and direct the City Manager to sign the five-year August 13, 2007 Page 10 agreement with Community Senior Serv, Inc., commencing July 1, 2007 through June 30, 2012. 21. AWARD OF ANIMAL CARE SERVICES CONTRACT WITH THE COUNTY OF ORANGE. Prepared by: Laura Detweiler, Recreation and Community Services Director Recommended Action: That the City Council approve and execute the 2007-2008 Agreement for Animal Care and Shelter Services between the County of Orange and the City of Cypress. 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. No items. August 13, 2007 Page 11 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 ? Other Items 22. BOARD, COMMISSION AND COMMITTEE COMPENSATION. (Council Member Narain) Recommended Action: That the City Council discuss and provide staff direction. ? Reports on Committee Assignments ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, August 27, 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 9 day of August, 2007. ________________________________ Denise Basham, City Clerk August 13, 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, AUGUST 10, 2007, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.