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Agenda 2008-09-22 pi 1 AGENDA CITY QF Cl~~'RESS . CITY Ct3UNCIL SS REGULAR MEETING AA4NDAY, SEPTEMBER 22, 2008 5:00 P.M., 7:00 PM. Public Hearings at 7:00 P. M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:00 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR TODD SEYMORE MAYOR PRO TEM/AGENCY VICE CHAIR LE~tOY MILLS CO,UNCILMEMBERCBOAl3D MEMBER DOUG BAILEY COUNCILMEMBER/OOARD MEIIABER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN r 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 Redeye%pment Agency, prior to any action taken orr 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 bylaw, no action or discussion shall be taken on any item not appearing in the following Agenda. Supporting d©cuments, including staff reports, are available for review in the City Clerk's office. Cit Council A ndas/Minutes are available at www. ci. c ress. ca. us. September 22, 2008 Page 2 WORKSHOP REVIEW ANfl DISCUSSION OF PRBPOSED SESSION MASTER FEE S~iEDULE Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEM LS: SESSION CONFERENCE WITH LEGAL COUNSEL - EX~STING. LITIGATION.. (Pursuant to Government Code Section 54956.9(a) Blythe v. North Orange County Community College District, et at. Case Number 00103466 ©range County Superior Court RECONVENE 7;00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENTATit1N OF GRANT TO CITY OF CYPRESS BY TARGET CO>~iRORATiON PRESENTATION QF PROCLAMATION TO ORANGE COUNTY FIRE A~ITtIORITY BATTALION CWIEF DAVE PNILL~PS PROC1,~11MIN6 THE W>cEK OF OCTOBER 5 -11, 2008.AS "FIRE PREVENTION WEEK" IN THE CITY OF CYPRESS REPORT OF WORKSHOP AGENDA/ CITY.. MANAGER CLOSED SESSION CITY ATTORNEY . ~ . September 22, 2008 Page 3 ORAL COMMUNICATIONS (Li~lITED TQ ON€'-HALF HQUR) The public may this time addns~s 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. ~peskeEs are requested to limit their comments to no more than three minutes each. If you would like to address the City Council, please complete fhe white SP~i4KER'S CARD. The card is available at the speaker's podium or from- the City Clerk. Please identify on the card your namQ, address, end 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 ell 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 CALENf~AR N~tiCE All matters listed.. nn the Consent Calendar are to be approved with one motion unless ~ member of the Council requests .separate acffon` on a specific item. Ordinances on the Consent Calendar -for second reading should-be read 6y title only prior to their adoption. CONSENT CALENDAR (1 -14) 1. MOTION TD INTRODUCE ANDIOR ADOPT ALL ORDINANCES AND RESOLUTIt?NS PRESENTED.-FOR CONSIQERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 2. APPROVAL OF MINUTES. Meeting of September 8, 2008 Preaer _ Dian e~ 8asham. Citv Clerk Recommended Action: Approve as submitted. ~ September 22, 2008 Page 4 3. PROCLAIMING THE WEEK OF OCTOBER 5-11, 2008 AS "FIRE PREVENTION.1tVEEK" IN THE. CITY OF CYPRESS. PreDSred bv: De+nise Bashann. Clty Clerk Recommended ~?ction: That the Mayor and City Council officially proclaim the week of October 5-11, 2008 as "Fire Prevention Week" in the City of Cypress. 4. LETTER OF OPPOSITi(JN Tp 2008 SB 375 (STEINBERG). Pre bv. Ted Co~nmerdinaer. Director of Comm„ unity Development Recommended Action: That the City Council authorize the Mayor to ` sign the letter of opposition to 2008 S~ 375 (Steinberg). 5. ACCEPTANCE OF INSTALLATION tJE PLAYGROUND EaUIPN1ENT IN VARIOUS PARKS, PUBLIC WtyRKS PROJECT ~t0.200$-0'1. Preoarac! by: Keith Carter. Associatq EnaineerRraffic ~rnmended Action: That the City Council: 1) ~#ccept the Installation of Playground Equipment in Various Parks, Public Works Project No~. X008-01, as being satisfactorily completed in confomtance with the project specifications, `in the final amount of $154,612; and 2) Approve the final retention payment of $15,461.20 to Hondo Company, Inc., Santa Ana,.Ca~ifornia,.thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond. and the Faithful Performance Bond upon expiration. of the required ien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 6. AWARD OF CONSULTANT SERVICES. CONTRACT FOR PROPERTY ACQUtEtTION SERVICES FqR STORM PUMP .STATION. N0.1, PUBLIC Vl?t3RKS PROJECT NO. X04&05. Preuared bv: ~ Atvin'Peoa, Senior Clivil noineer Recommended Action: That the City Council: 1) Award a Consultant Services Contrast for property acquisition services for Storm Pump Station No. 1, Public Works Project No. 2008-05, for an amount not to exceed $95,450, to Overland Pacific'& Cutler, Inc., 100 West Broadway, Suite 500, Long Beach, California 90802; and 2) Authorize $14,315 (15% of award amount) as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer. ~f„~, , r. September 22, 2008 Page 5 7. ACCEPTANCE OF GRANT FUNDS FROM THE TARGET CORPORATION. Prepared bv: Mark Yokovama, Chief of Police Recommended Action: That the City Council: 1) Accept a grant in the amount of $1,000 from the Target Corporation; and 2) Increase estimated revenues by $1,000 (3525-11, Other Grants) in the General Fund; and 3) Appropriate .$1,000 from the unreserved fund balance of the City's Equipment Replacement Fund to account 4376-90-659-39 (Unmarked Car); and 4) Approve the transfer of $1,000 from the General Fund (2200-11) to the Equipment Replacement Fund (1200- . 90). 8. EXTENSION AND CLARIFICATION QF TERM OF SERVICE CONTRACT- CAL#FORNIA FORENSIC PHLEBOTOMY. Prepared bv: Mark Yokovama,,Chief of Police. Recommended action: That the City Council: 1) Dispense with the formal bidding process, pursuant to City Code Section 21-AtOC, D, and F, since California Forensic Phlebotomy ("CFP") is the sole source vendor and since the City Council has previously approved the service agreement that is the subject ofi this report; and 2) Extend the previously authorized one (1) year term of the service contract for phlebotomy services (blood draws) with CFP, 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California 92692, for an additional four (4) year period ending on July 1, 2012. 9. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FI$CAL YEAR 2~7-08. Prenare~l ~y,hard , Srev As~~~t,~,,nt City Manas~er/Director of Finance and Adminietrative Ser~rir~~s Recommended Action: That the City Council approve additional appropriations for Fiscal Year 2007-08 as follows: Additional Appropriation from the unreserved, undesignated fund balance of the General Fund to: Account 4179-11-105-01 (Legal Services) $ 71,200 Account 4003-11-163-05 (Overtime-Police) 170,000 Account 4003-11-165-05 (Overtime-Police) 28,000 September 22, 2008 Page 6 Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to: Account 4200-25-223-07 (Electricity) $123,400 Additional Appropriation from the fund balance of the Supplemental Law Enforcement Grant Fund to: Account 4001-30-181-05 (Salaries) $ 600 Additional Appropriations from the fund balance of the Business Park Assessment District Debt Service Fund to: Account 4189-56-369-15 (Professional Services) $ 700 10. APPROVAL OF FISCAL YEAR 2007-08 CARRYOVER ~F CONTINUING APPL~QPRIATIONS ANp ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 200-08. Pre~ared,pYT ,~~Q „Lard St~orev, ~~ant~,~Citv_M~n;/pirr actor of Finance and AdnMnlstrative Services Recommended Action: That the City Council: 1. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 516,904 15 Capital Projects Fund 3,084,722 24 Traffic Mfigation Assessment fund 597,398 26 Plan :Local Drainage Facility Fund 680,969 39 Measure M Gas Tax Fund 41,676 41 Sewer Fund 99,483 89 Print Shop/Information Systems Fund 103,143 90 Capital Replacement Fund 387.458 TOTAL $5.5 2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2008-09 as listed below: FROM TO AMOUNT 11 General Fund 90 Capital Replacement .37,501 12 Park District General Fund 15 Capital Projects 155,569 22 Gas Tax 2106 Fund 15 Capital Projects 22,160 39 Measure M Gas Tax 22 Special. Gas Tax 28 706 TOTAL September 22, 2008 Page 7 3. Authorize the continuation of the following grant revenue to support con#inuing apprt>priations to Fiscal Year 2008-09: 11 General Fund $ 74,895 15 Capital Projects Fund ~Z TOTAL 4. Authorize the appropriation of funds in Fiscal Year 2008-09 for items. encumbered at June 30, 2008 as detailed in Attachment B and ` summarized below: 11 General Fund $94,851 15 Capital Projects Fund 650,305 22 Gas Tax 2106 Fund 282,206 26 Plan Local Drain Facility Fund 8,39? 39 Measure M Gas Tax Fund 15,415 41 Sewer Fund 46,415 43 Storm Drainage Fund 21,255 89 Print Shop/Information Systems Fund 582 90 Capital Replacement Fund 115.951. TOTAL $ 1.235.877 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF At~UST, 2008. Prg~r~l~„ iid ~t~~y~ gssistant~~tna~r/Director gf Finance and lel~ministretif~ Services Recommended Action: That the City Council receive and file the Investment Report for the month of August, 2008. 12. APPROVAI.OF COAAMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-US FOR WARRANTS NO.8$493 THROUGH $5494 AND 87993 THROUGH 88145. Preaared~Ri,~~+~~ St~r~ov, ~ 4ta~ t City Manas~er/i~lrector of Fi n Ini ve rvlces Recomm~nd~n: That the City Council approve the attached warrant register and wire transfersfor Fiscal Years 2007-08 and 2008-09. . September 22, 2008 Page 8 Recreation end Pik District Matters: 13. APRROVAL OF FUND,APPROPRIAT{ONSFRQM THE ACUAF CAPiTALlMA1NTENANCE 3t1RCHARGE ACCOUNT FOR TWO ACUAF APPROVED PARK PROJECTS. P,,,~y June Liu. ~lrector of Recreation and Community Sew Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park. District, approve an appropriation of funds in the amount of $12,000 from the Advisory Committee on Use of Athletic Facilities (ACUAF) Cap'~tal/Maintenance Surcharge Account 41..86-12-537-29 for park improvement projects voted upon by the ACUAF groups on June 30, 2008 at the semi-annual youth sports ACUAF meeting. 14. APPROVAL OF FISCAL YEAR 2007-~ CARR1fOYER OF CONTINUING ARPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL. YEAR 200&OJ. l r or latent. i an r ~lrect r of i~inarrce and Adrrtlnla'Eratlve Services ~ recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1. Authorize the appropriation of funds in Fiscal Year 2008-09 for items encumbered at June $0, 2008 as detailed in Attachment A and summarized below: 12 General Fund $234,496 83 Central Services Fund $ 1,264 f 2. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover of continuing appropriations as detailed ih Attachment A and summarized as follows: j 12 General Fund $ 203,742 83 Central Services. Fund $ 1,200 I 3. Authorize the transfers of funds to support continuing I appropriations in Fiscal Year 2008-09 as listed below: j FROM TO AMOUNT 13 Park Development Fund 12 Rec & Park District $4C'i ,154 12 General Fund fi5 City CIP Fund $155,569 12 General Fund 83 Central Services Fund $ 1,200. i r September 22, 2008 Page 9 END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS (15) 15. AMENtDMf N?' TO PUFICHASN~tG $YST~M ORQIMANCE CONTRACT CHANGE ~RbER POi.ICY FOR PUBLIC WORKS PROJECTS, AND 'PRpJfeCT f3ELIVERY PROCESS. Prepared bv: K~mren D~dbeh aj~tanlx City Ert~ir~er Recomr~er~ded Action:. That the City Council: 1) Introduce for first reading the Ordinance by title only, title as follows, amending Section 21 A-T9 of the Cypress Municipal Cod9~ revising the format bid .limit for public works projects; and 2) Adopt the new contract change order policy; and 3) Approve the proposed project delivery process. An Ordinance of the City Council of the City of Cypress, Cali#ornia, Amending Section 21 A-19 of the Cypress Municipal Code Revising the Formal Bid Limit for Public Works Projects. i P RECREATION & PARK DISTRICT MATTERS ` The Cypress City Council, Acting as the Ex-Officio Governing Boerd of Directors. No items. a m September 22, 2008 Page 10 CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the` Consent Calendar are to 6e approved with dne motion unless a member of the Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR (16 -17) 16. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2007-08. Preua , by: Rig, hard $t+q~rev. Assistant Ciiv ManaoerfDi,~ector of Finance and' Administrative Services Recommended Action: That the Cypress Redevelopment Agency Board approve the additional appropriation for Fiscal Year 2007-08 as follows: Additional Appropriation from the. fund balance of the Lincoln Avenue Debt Service Fund to: Account 4226-53-364-15 (Property Tax Collection) $ 750 17. APPROVAL OF FISCAL YEAR 2007-08 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS REDEVELOPMENT AGENCY Tl"~ FISCAL YEAR 2008-09. Prepared bv: Richa~,d S,tore,_,_As~i~tant City Manas~erlDirector of Finance and Administrative Services Recommended Action: That the Cypress Redevelopment Agency Board: 1. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 36 Low and Moderate Housing Set-Aside Fund $ 2,542,350 2. Authorize the appropriation of funds in Fiscal Year 2008-09 for items encumbered at June 30, 2008 as detailed in Attachment B and summarized below: 35 Civic Center Project Fund $ 2,249 37 Lincoln Avenue Project Fund $ 3,500 38 LART Project Fund $ 30,393 36 Low and Moderate Housing Set-Aside Fund $ 11,250 END OF CONSENT CALENDAR September 22, 2008 page 11 ITEMS FROM CITY COUNCIL. MEMBERS .Reports on Committee Assignments .Other Items ORAL COMMUNICATIONS The public may et #his time address fhe members of the City .Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redeve/opn~ent 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 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, October 13, 2008, begir'rning at 5:00 p.m. in the Executive Board Room. I hereby certify under penalty of perjury under the laws of the S#ate 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 17~' day of September, 2008. Denise Basham, City Clerk IN COMPLIANCE WITH THE AMERICANS WITH DISAIE3tlaTIES ACT, #P YOU NEED SPECIAL ASSISTANCE TO PARTICII~ATE 1N THtS MEETING, YOU SHOULD CONTACT THE OFFICE OF THE CITY lCIEF~K' AT (714) 229-6683. NOTIFICATION EY NODN ON FRIDAY, SEPTEIV~I9ER 19,'2008, WILL ENABLE THE CITY TO MAKE REASt~NABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. ` e