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Agenda 2009-06-22AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 229 2009 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 DOUG BAILEY MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER LEROY MILLS COUNCILMEMBER/BOARD MEMBER TODD SEYMORE 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. June 22, 2009 Page 2 WORKSHOP PROPOSED COMPOSTING FACILITY - JFTB LOS SESSION ALAMITOS Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Cypress Police Officers Association RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENT CERTIFICATES OF APPRECIATION TO OUTGOING COMMISSIONERS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY June 22, 2009 Page 3 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 Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or 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 should be read by title only prior to taking any action. CONSENT CALENDAR (1 - 14) 1. APPROVAL OF MINUTES. Meeting of June 8, 2009. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. June 22, 2009 Page 4 3. PROCLAIMING THE MONTH OF JULY 2009 AS "PARKS AND RECREATION MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim the month of July 2009 as "Parks and Recreation Month" in the City of Cypress. 4. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS. Prepared by: Alisha Farnell, Management Analyst Recommended Action: That the City Council consider adoption of the Resolution by title only, title as follows, authorizing the City Attorney to cooperate with the League of California Cities, other cities and counties in litigation challenging the constitutionality of any seizure by the State government of the City's street maintenance funds. A Resolution of the City Council of the City of Cypress, Authorizing the City Attorney to Cooperate With the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by State Government of the City's Street Maintenance Funds. 5. DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02, A REQUEST TO CONSTRUCT A STEALTH CELLULAR ANTENNA FACILITY ON THE ROOFTOP OF AN EXISTING OFFICE BUILDING LOCATED AT 5252 ORANGE AVENUE IN THE OP OFFICE PROFESSIONAL ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2009-02, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2009-02 - With Conditions. June 22, 2009 Page 5 6. AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2009-2010. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the City's participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager, Assistant City Manager, Director of Community Development, and/or their designees to execute the four associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. A Resolution of the City Council of the City of Cypress, Authorizing the Execution of Four (4) Contracts for the Award of Community Development Block Grant (CDBG) Funds Through the County of Orange for the Program Year Spanning July 1, 2009 Through June 30, 2010. 7. APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL. PUBLIC WORKS PROJECT NO. 8615-90. Prepared bv: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving the City Engineer's Report and establishing a public hearing for July 13, 2009, declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. A Resolution of the City Council of the City of Cypress, Approving the City Engineer's Report Dated June 22, 2009, in Connection with the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1. A Resolution of the City Council of the City of Cypress, Declaring its Intention to Order the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2009-10, Pursuant to the Landscape and Lighting Act of 1972, and Fixing a Time and Place for Hearing Objections Thereto. June 22, 2009 Page 6 8. APPROVAL OF AMENDMENT NO. 1 TO CONSTRUCTION CONTRACT FOR SEWER REPAIR ON CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 2008-24, AND ORANGE AVENUE, PUBLIC WORKS PROJECT NO. 2008-32. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Approve Amendment No. 1 to Contract Agreement for Sewer Repair on Cerritos Avenue and Orange Avenue, for adding additional sewer repair on Walker Street and Camp Street to the project, in an amount not to exceed $120,525; and 2) Authorize a contingency of $18,000 (15% of Amendment Amount); and 3) Direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. 9. AWARD OF CONSTRUCTION CONTRACT FOR THE VALLEY VIEW STREET AT CERRITOS AVENUE INTERSECTION IMPROVEMENT AND BALL ROAD AT GRINDLAY STREET TRAFFIC SIGNAL INSTALLATION AND AWARD OF A TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, PUBLIC WORKS PROJECT NOS. 2008-26 AND 2008-27. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Award a contract for the Construction of the Valley View Street at Cerritos Avenue Intersection Improvement and Ball Road at Grindlay Street Traffic Signal Installation, Public Works Project Nos. 2008-26 and 2008-27, in the amount of $258,298, to the lowest responsible bidder, Sully-Miller Contracting Company, Anaheim, California; and authorize a contingency of $38,745 (15% of Bid Amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $25,421, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for the Valley View Street at Cerritos Avenue Intersection Improvement and Ball Road at Grindlay Street Traffic Signal Installation (Project Nos. 2008-26 and 2008-27), to Jacobs Field Services North America, Inc. (Jacobs), and authorize a contingency of $3,813 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer. June 22, 2009 Page 7 10. AUTHORIZE SUBMISSION OF MEASURE M ELIGIBILITY PACKAGE TO ORANGE COUNTY TRANSPORTATION AUTHORITY. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council authorize the Director of Public Works/City Engineer to submit the Measure M Eligibility Package to Orange County Transportation Authority (OCTA). 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2009. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of May, 2009. 12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 91518 THROUGH 91684. 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 2008-09. Recreation and Park District Matters: 13. APPROVAL OF SENIOR CITIZENS NUTRITION PROGRAM AMENDMENT NO. 13 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR ONE YEAR, JULY 1, 2009 THROUGH JUNE 30, 2010. Prepared by: Jeff Draper, Recreation and Community Services Supervisor Recommended Action: That the City Council, acting as the ex-off icio Board of Directors of the Cypress Recreation and Park District, approve Amendment No. 13 to Agreement No. C-8-0189 with the Orange County Transportation Authority extending the term of the Agreement for one year, July 1, 2009 to June 30, 2010, at a cost not to exceed $3,956.75. June 22, 2009 Page 8 14. ACCEPTANCE OF DONATION AND APPROPRIATION OF FUNDS FOR THE CHALLENGER YOUTH BASKETBALL PROGRAM. Prepared by: Shelly Myers, Recreation and Community Services Supervisor Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Formally accept a donation in the amount of $1,733.44 to sponsor the 2009 Summer Challenger Youth Basketball Program; and 2) Increase estimated revenue 3713-12 (Donations) by $1,733.44 and increase appropriation by $800.00 to 4187-12-310-10 (Contracts - Youth Sports) and $933.44 to 4104-12-310-10 (Special Activity Supplies - Youth Sports) to cover costs to operate the program. END OF CONSENT CALENDAR ORDINANCES (15) 15. ACCEPTANCE OF THE 2009 ENGINEERING AND TRAFFIC SURVEYS, AND ADOPTION OF ORDINANCE AMENDING SPEED LIMITS AT VARIOUS LOCATIONS. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Introduce for first reading the Ordinance by title only, title as follows, amending Chapter 16, Article XV, of the Code of the City of Cypress modifying the various speed limits; and 2) Receive and file the 2009 Engineering and Traffic Surveys. An Ordinance of the City Council of the City of Cypress, Amending Chapter 16, Article XV, of the Code of the City of Cypress Modifying Speed Limits at Various Locations. NEW BUSINESS (16 - 17) 16. CONFIRMATION OF APPOINTMENTS TO FILL SIX COMMISSIONER VACANCIES AND ADMINISTRATION OF LOYALTY OATH TO APPOINTED COMMISSIONERS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council confirm the appointments of six Commissioners, each serving four-year terms, effective July 1, 2009 and upon confirmation, have the City Clerk administer the Loyalty Oath to the newly appointed Commissioners. June 22, 2009 Page 9 17. CONSIDERATION OF CANCELLATION OF THE SECOND COUNCIL MEETING IN NOVEMBER 2009. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council consider the cancellation of the second Council meeting in November scheduled for November 23, 2009. 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. 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 .Reports on Committee Assignments .Other Items ITEMS FROM CITY MANAGER June 22, 2009 Page 10 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, July 13, 2009, 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 17th day of June, 2009. 9" &aon 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 19, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.