Agenda 2008-11-10 •
• ' .M~.-.
, AGENDA
CITY OF CYPRESS
- ~ r CITY COUNCIL
PRO ESS
REGULAR MEETING
MONDAY, NOVEMBER 10, 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 MAYORiAGENCY 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 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.
Cit Council A endas/Minutes are available at www.ci.c ress.ca.us.
November 10, 2008 Page 2
WORKSHOP AT&T LIGHTSPEED PROJECT UPDATE
SESSION
Recess the meeting to Closed Session.
CLOSED CITY OF CYPRESS ITEMS:
SESSION
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers
244-044-01, 03, and 04 and 241-204-02, 03, 04,
05, 06, 07, O8, 09, 10, 11, and 12; Consisting of
Approximately 1.928 Acres on Myra Avenue,
between Walker Street and Moody Street
Party Negotiating With:
Ferrier, Robert S Trust
Acorn, Andrea & Bradford
Francho, James P & Michelle
Kim, Yoon Hee
Graham, Bleeker
Dixon, John
Fraser, Geoffrey S Family Trust
George, Mathew
Ramirez, Mario
Heffernan, Mark Trust
Patipaksiri, Petcharat & Songkran
Yi, Kwang Chae
Cao, Dung Minh
Vu, Anhdao Trust
Negotiating Party: City Manager and Director of
Public Works
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL -EXISTING
LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Caudillo et al. v. City of Cypress
Case Number 30-2008-00070382
Orange County Superior Court
November 10, 2008 Page 3
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS PRESENT RESOLUTION RECOGNIZING THE
BRADLEY FAMILY AS THE 2008 CYPRESS
FAMILY OF THE YEAR
Recess for the 2007 Family of the Year Reception
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.
November 10, 2008 Page 4
PUBLIC HEARINGS (1 - 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council and/or the Cypress Redevelopment
Agency.
CITY OF CYPRESS:
1. PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR
FISCAL YEAR 2009-2010.
Prepared bv: Steve Clarke, Redevelopment Project Manager
Recommended Action: That the City Council: 1) Hold a public
hearing to review the list of projects proposed for Community
Development Block Grant (CDBG) funding for Fiscal Year 2009-2010
and allow for citizen input regarding project proposals; and 2) Adopt
the Resolution by title only, title as follows, approving the City's
participation in the Fiscal Year 2009-2010 Community Development
Block Grant Program with the County of Orange, and authorize the
Mayor to sign the grant request on behalf of the Cypress City Council.
A Resolution of the City Council of the City of Cypress,
Approving the City's Participation in the Fiscal Year
2009-2010 Housing and Community Development Block
Grant (CDBG) Program with the County of Orange.
CYPRESS REDEVELOPMENT AGENCY:
2. PUBLIC HEARING REGARDING APPROVAL OF AN AGREEMENT
TO PURCHASE AFFORDABILITY COVENANTS AT 5201 LINCOLN
AVENUE.
Prepared bv: Steve Clarke, Redevelopment Proiect Manager
Recommended Action: That the Cypress Redevelopment Agency
Board: 1) Hold a public hearing to consider approval of an agreement
to purchase affordability covenants at 5201 Lincoln Avenue; and 2)
Adopt the Resolution by title only, title as follows, approving the Loan
Agreement and Agreement to Acquire Covenants, and authorize the
Executive Director to execute the Agreement on behalf of the Agency.
A Resolution of the Cypress Redevelopment Agency,
Approving a Loan Agreement and Agreement to Acquire
Covenants By and Among the Agency, Affordable Housing
Access, Inc., and Cypress-TV, LLC, for the Agency's
Acquisition of Long-Term Affordability Covenants.
November 10, 2008 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. Ordinances on the Consent Calendar should be read by title
only prior to taking any action.
CONSENT CALENDAR (3 -13)
3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
4. APPROVAL OF MINUTES.
Meeting of October 27, 2008
Prepared bv: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
5. ADOPTION OF A RESOLUTION RECOGNIZING THE BRADLEY
FAMILY AS THE 2008 CYPRESS FAMILY OF THE YEAR.
Prepared bv: Denise Basham. City Clerk
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, recognizing the Bradley Family as the 2008
Cypress Family of the Year.
A Resolution of the City Council of the City of Cypress,
Recognizing the Bradley Family as the 2008 Cypress
Family of the Year.
6. REPLACEMENT OF POLICE IDENTIFICATION CARD SYSTEM.
Prepared bv: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Award a contract to
Western Graphix, 23635 Madison Street, Torrance, California, for the
purchase of a new identification card software manufacturing system.
The identification card system, tax, delivery, set-up and instruction are
included in the purchase price of $5,632; and 2) Appropriate $5,632 to
account number 4305-90-656-35 (Equipment, Police) from the
Equipment Replacement Fund (Fund 90) balance for the replacement
of the identification card system.
November 10, 2008 Page 6
7. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS)
TRAFFIC GRANT.
Prepared bv: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Accept the Office
of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues
(3525-11-Grants) in the General Fund for the grant total of $33,415;
and 3) Approve appropriations from the unreserved fund balance of the
General Fund to account 4003-11-188-05 (overtime) in the amount of
$33,415.
8. APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL
CONTRACT FOR DESIGN SERVICES FOR SEWER
REHABILITATION AT LINCOLN AVENUE AND VARIOUS
LOCATIONS.
Prepared bv: Jim Gorin, Associate Enaineer
Recommended Action: That the City Council approve a Task Order in
the amount of $223,160 for design services for sewer rehabilitation at
Lincoln Avenue (Project No. 2008-23) and Various Locations (Project
No. 2008-10) to AKM Consulting Engineers, Irvine, California; and
2) Authorize $33,500 as contingency to be used for unforeseen work;
and 3) Direct the Director of Public Works/City Engineer to act as
Contract Officer.
9. AWARD OF PROFESSIONAL CONTRACT SERVICES
AGREEMENTS FOR ON-CALL ENGINEERING STORM DRAIN
DESIGN SERVICES.
Prepared bv: Dario Simoes, Associate Enaineer
Recommended Action: That the City Council: 1) Award a Professional
Contract Services Agreement for On-Call Engineering Storm Drain
Design Services to AKM Consulting Engineers, Irvine, California, and
direct the Director of Public Works/City Engineer to act as Contract
Officer; and 2) Award a Professional Contract Services Agreement for
On-Call Engineering Storm Drain Design Services to Harris and
Associates, Irvine, California, and direct the Director of Public
Works/City Engineer to act as Contract Officer.
November 10, 2008 Page 7
10. AWARD OF PROFESSIONAL CONTRACT SERVICES
AGREEMENTS FOR ROADWAY AND TRANSPORTATION DESIGN
SERVICES FOR CERRITOS AVENUE AT WALKER STREET
INTERSECTION IMPROVEMENT, VALLEY VIEW STREET AT
CERRITOS AVENUE INTERSECTION IMPROVEMENT, AND BALL
ROAD AT GRINDLAY STREET TRAFFIC SIGNAL INSTALLATION.
Prepared bv: Keith Carter, Associate Engineer/Traffic
Recommended Action: That the City Council: 1) Award a Professional
Contract Services Agreement for Roadway and Transportation Design
Services for Cerritos Avenue at Walker Street Intersection
Improvement (Project No. 2008-25), Valley View Street at Cerritos
Avenue Intersection Improvement (Project No. 2008-26), and Traffic
Signal Installation at the Intersection of Ball Road at Grindlay Street
(Project No. 2008-27), for an amount not to exceed $145,300, to Rick
Engineering Company, Lake Forest, California; and 2) Authorize
$21,795 (15% of award amount) as contingency to be used for
unforeseen work and direct the Director of Public Works/City Engineer
to act as Contract Officer; and 3) Authorize an increase in Estimated
Revenues by $255,000 in Account No. 3525-24 (Traffic Mitigation
Fund) for the receipt of funds from the Orange County Transportation
Authority; and 4) Authorize an appropriation of $60,000 into Account
No. 4186-24-897-22 from the unreserved fund balance of the Traffic
Mitigation Fund.
11. EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF
CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY.
Prepared bv: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council authorize City staff to
execute the Repayment Agreement and Promissory Note (Exhibit "B")
in the amount of $20,000,000 with the Cypress Redevelopment Agency
to renew a maturing Promissory Note that was used for the purchase of
land, with the repayment by the Agency being made from the proceeds
resulting from reselling the land for development.
November 10, 2008 Page 8
12. EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY OF
CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY.
Prepared bv: Richard Storev, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council authorize City staff to
execute the Repayment Agreement and two Promissory Notes
(Exhibit "B") in the amount of $10,600,000 with the Cypress
Redevelo m nt A
e enc with the re a ment b the A enc bein
P 9 Y~ P Y Y 9 Y 9
made from future tax increments or other available project area
revenue sources.
13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS
NO. 85498 THROUGH 85499 AND 88552 THROUGH 88742.
Prepared bv: Richard Storev, 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 2008-09.
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.
November 10, 2008 Page 9
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 be approved with one
motion unless a member of the Redevelopment Agency requests separate
action on a specific item.
CONSENT CALENDAR (14 -15):
14. EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS.
Prepared bv: Richard Storev, Assistant City Manaaer/Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board authorize Agency staff to execute the Repayment Agreement
and Promissory Note (Exhibit "B") in the amount of $20,000,000 with
the City of Cypress to renew a maturing Promissory Note that was used
for the purchase of land, with the repayment by the Agency being made
from the proceeds resulting from reselling the land for development.
15. EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS.
Prepared bv: Richard Storev, Assistant Citv Manaaer/Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board authorize Agency staff to execute the Repayment Agreement
and two Promissory Notes (Exhibit "B") in the amount of $10,600,000
with the City of Cypress, with the repayment to the City to be made
from future tax increments or other available project area revenue
sources.
END OF CONSENT CALENDAR
ITEMS FROM CITY COUNCIL MEMBERS
.Reports on Committee Assignments
.Other Items
November 10, 2008 Page 10
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
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, November 24,
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
5th day of November, 2008.
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, NOVEMBER 7, 2008, WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.
I