Agenda 2008-06-09 ~1
M
r;~~;,r AGENDA
_ CITY OF CYPRESS
CITY COUNCIL
PRO ESS
REGULAR MEETING
MONDAY, JUNE 9, 2008
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 TODD SEYMORE
MAYOR PRO TEM/AGENCY VICE CHAIR LEROY MILLS
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
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 commenfs 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.
Cit Council A endas/Minutes are available at www. ci. c ress. ca. us.
June 9, 2008 Page 2
WORKSHOP REDEVELOPMENT HOUSING OVERVIEW
SESSION
Recess the meeting.
CLOSED CITY OF CYPRESS ITEMS:
SESSION
CONFERENCE WITH LEGAL COUNSEL -EXISTING
LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Blythe v. North Orange County Community
College District, et al.
Case Number 00103466
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL -EXISTING
LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Melim v. City of Cypress
Case Number 00106493
Orange County Superior Court
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS PRESENTATION BY PUBLIC WORKS
DIRECTOR DOUG DANCS ON CAPITAL
IMPROVEMENT PROGRAM PAVEMENT
CONDITION UPDATE
June 9, 2008 Page 3
REPORT OF WORKSHOP AGENDAI 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 matfer is heard by the Council.
PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council andlor 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. Ordinances on the Consent Calendar for second reading
should be read by title only prior to their adoption.
CONSENT CALENDAR (1 - 9)
1. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
June 9, 2008 Page 4
2. APPROVAL OF MINUTES.
Meetings of May 20 and May 27, 2008
Prepared bv: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
3. DESIGN REVIEW COMMITTEE PERMIT NO. 2008-01, A REQUEST
BY THE CYPRESS CIVIC THEATRE GUILD TO DONATE A
PUBLIC ART PIECE (BUTTERFLY) TO BE LOCATED AT 9031
GRINDLAY STREET IN THE PS PUBLIC AND SEMI-PUBLIC
ZONE.
Prepared bv: Judv Aquino, Assistant Planner
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 2008-01, with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2008-01
-With Conditions.
4. ACCEPTANCE OF 2007/08 RESIDENTIAL AND ARTERIAL
STREETS SLURRY SEAL, AND APPROVAL OF CONTRACT
CHANGE ORDER NO. 1, PUBLIC WORKS PROJECT
NO. 2007-13.
Prepared bv: Nick Mangkalakiri, Assistant Engineer
Recommended Action: That the City Council: 1) Approve Contract
Change Order No. 1 to American Asphalt South, Inc., Fontana,
California, in the amount of $63,437.73; and 2) Accept the 2007/08
Residential and Arterial Streets Slurry Seal, Public Works Project
No. 2007-13, as being satisfactorily completed in conformance with the
project specifications, in the final amount of $975,972.73; and 3)
Approve the final retention payment of $97,597.27 to American Asphalt
South, Inc., Fontana, California; and 4) 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.
June 9, 2008 Page 5
5. ADOPTION OF A RESOLUTION APPROVING THE ANNUAL
ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISES
(DBE) PARTICIPATION LEVEL (AADPL) FOR FEDERAL FISCAL
YEAR 2008/09.
Prepared bv: Alvin Papa, Senior Civil Enqineer
Recommended Action: That the City Council: 1) Establish the City's
Annual Anticipated Disadvantaged Business Enterprises (DBE)
Participation Level (AADPL) to be 3.0 percent for Federal Fiscal Year
(FFY) 2008/09 (covering the period October 1, 2008 through
September 30, 2009); and 2) Authorize the Director of Public
Works/City Engineer to act on behalf of the City to execute
documentation and methodology required for submission to the
California Department of Transportation, hereinafter referred to as
"Caltrans," to meet funding authority requirements; and 3) Adopt the
Resolution by title only, title as follows, approving the Annual
Anticipated Disadvantaged Business Enterprises (DBE) Participation
Level (AADPL) for Federal Fiscal Year 2008/09.
A Resolution of the City Council of the City of Cypress,
Approving the Annual Anticipated Disadvantaged
Business Enterprises (DBE) Participation Level (AADPL)
of 3 Percent for Federal Fiscal Year (FFY) 2008/09.
6. CONSIDERATION OF ADOPTION OF A RESOLUTION IN
OPPOSITION TO THE RENEWABLE ENERGY STATUTE
(AG#: 07-0066).
Prepared bv: Alisha Farnell, Manaaement Analyst
Recommended Action: That the City Council consider the adoption of the
Resolution by title only, title as follows, in opposition to the Renewable
Energy Statute (AG#: 07-0066) initiative headed for the November 2008
California state ballot.
A Resolution of the City Council of the City of Cypress,
in Opposition to the Risky Energy Initiative (AG#: 07-0066).
7. CAPITAL IMPROVEMENT PROGRAM PAVEMENT CONDITION
UPDATE AND COMPLETED PROJECTS FOR FISCAL YEAR
2007/08.
Prepared bv: Alvin Papa, Senior Civil Enqineer
Recommended Action: That the City Council receive and file the
report.
June 9, 2008 Page 6
8. ADOPTION OF A RESOLUTION AMENDING BENEFITS FOR
EXECUTIVE MANAGEMENT AND MID-MANAGEMENT
EMPLOYEES.
Prepared bv: Richard Storev, Assistant City Manager/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, adopt the Resolution by title only, title as follows,
amending Resolution No. 5131 establishing benefits for Executive
Management and Mid-Management employees.
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, a Subsidiary
District of the City of Cypress, Amending Resolution
No. 5131 Establishing Benefits for Management
Employees.
9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANT
NO. 85472 AND WARRANTS NO. 86346 THROUGH 86536.
Prepared bv: Richard Storev, Assistant Citv Manaaer/Director of
Finance and Administrative Services
Recommended Action: That the City Council approve the attached
warrant register and wire transfers for Fiscal Year 2007-08.
END OF CONSENT CALENDAR
ORDINANCES
No items.
NEW BUSINESS
No items.
June 9, 2008 Page 7
RECREATION 8~ 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.
ITEMS FROM CITY COUNCIL MEMBERS
.Reports on Committee Assignments
.Other 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 MANAGER
June 9, 2008 Page 8
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, June 23, 2008,
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
4th day of June, 2008.
~~~Q.h.coC/
Denise Basham, 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) 229-6683.
NOTIFICATION BY NOON ON FRIDAY, JUNE 6, 2008, WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.