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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.