Loading...
Agenda 2009-09-14AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 14, 2009 6:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 P.M. Council Chambers 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. September 14, 2009 Page 2 Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS (Pursuant to Government Code Section 54956.9(d) Claimant: Alex Nguyen Agency Claimed Against: City of Cypress The receipt of a claim pursuant to the Tort Claims Act is available for public inspection pursuant to Government Code Section 54957.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Quinonez v. City of Cypress Case Number 30-2009-00122421 Orange County Superior Court CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) Number of Cases: One CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Police Management Association September 14, 2009 Page 3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241- 044-01, 03, and 04 and 241-045-09, 10, and 11 and 241-204-02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12 and 241-205-11; Consisting of Approximately 2.47 Acres on Myra Avenue, between Walker Street and Moody Street Party Negotiating With: Ferrier, Robert S Trust Acorn, Andrea & Bradford Francho, James P & Michelle Gary Batterton Dennis Fernandes Atul Ghadiali Kim, Yoon Hee Graham, Bleeker Dixon, John Fraser, Geoffrey S Family Trust George, Mathew Ramirez, Mario Heffernan, Mark Trust Patipaksiri, Petcharat & Songkrari Yi, Kwang Chae Cao, Dung Minh Vu, Anhdao Trust Andrew Houck Negotiating Party: City Manager and Director of Public Works Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS ANNUAL POLICE OVERTIME REPORT September 14, 2009 Page 4 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. 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 -11) 1. APPROVAL OF MINUTES. Meeting of August 24, 2009. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. September 14, 2009 Page 5 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3. PROCLAIMING THE MONTH OF SEPTEMBER 2009 AS "NATIONAL PREPAREDNESS 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 September 2009 as "National Preparedness Month" in the City of Cypress. 4. AWARD OF PROFESSIONAL CONTRACT SERVICES FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR THE PROPOSED AMENDMENTS TO THE CYPRESS GENERAL PLAN, LINCOLN AVENUE SPECIFIC PLAN AND CYPRESS ZONING ORDINANCE PERTAINING TO IMPLEMENTATION OF THE ADOPTED 2008-2014 HOUSING ELEMENT PROGRAMS 14,14A, 14B, AND 17. Prepared by: Kori Nevarez. Associate Planner Recommended Action: That the City Council: 1) Approve the contract with RBF Consulting for the preparation of environmental documents for the proposed amendments to the Cypress General Plan, Lincoln Avenue Specific Plan, and Zoning Ordinance pertaining to implementation of the Adopted 2008-2014 Housing Element Programs 14, 14a, 14b, and 17, for a cost not to exceed $29,735.00; and 2) Authorize $4,460 (15% of award amount) as contingency to be used for unforeseen necessary work and authorize the Director of Community Development to act as Contract Officer. 5. ORANGE COUNTY GRAND JURY REPORT: "PAPER WATER." Prepared by: Doug Dancs. Director of Public Works/City Engineer Recommended Action: That the City Council receive and file the report responses to the Orange County Grand Jury and authorize the Mayor to send the responses to the Grand Jury on behalf of the City Council. September 14, 2009 Page 6 6. APPROVAL OF TASK ORDERS WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION ON LA SALLE/BELMONT/LINCOLN (PROJECT NO. 2009-12), WATSON/DELONG (PROJECT NO. 2009-13), AND GRINDLAY/BALL/MOODY (PROJECT NO. 2009-14). Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Approve Task Orders for design services for sewer rehabilitation on La Salle Street/Belmont Street/Lincoln Avenue (Project No. 2009-12), in the amount of $58,207, on Watson Street/DeLong Street (Project No. 2009-13), in the amount of $122,260, and on Grindlay Street/Ball Road/Moody Street (Project No. 2009-14), in the amount of $99,970, to Lee & Ro, Inc.; and 2) Authorize $42,000 (15% of total contract amount) as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer. 7. APPROVE BUDGET AMENDMENT TO REALLOCATE PROPOSITION 1 B FUNDS WITHIN THE CITY'S CAPITAL IMPROVEMENT PROJECTS FUND. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council approve the reallocation of Proposition 1 B (Prop 1 B) funds within the City's Capital Improvement Projects (CIP) Fund as follows: 1) Exchange $700,000 of Prop 1 B funds originally appropriated in Fiscal Year 2007-08 for the Moody Street Beautification Project, with Measure M funds in the amount of $300,000 from the Residential Street Resurfacing (Fiscal Year 2008- 09) Program, and $400,000 from the Arterial Street Rehabilitation (Fiscal Year 2009-10) Program; and 2) For Fiscal Year 2008-09, increase budgeted transfers from the Measure M Fund (2200-39) to the CIP Fund (1200-15) by $300,000; and 3) For Fiscal Year 2008-09, decrease estimated revenues in the CIP Fund (3525-15) by $400,000, and increase estimated revenues in the Gas Tax Fund (3525-22) by $400,000; and 4) For Fiscal Year 2009-10, increase transfers from the Measure M Fund (2200-39) to the CIP Fund (1200-15) by $400,000, decrease transfers from the Measure M Fund (2200-39) to the Gas Tax Fund (1200-22) by $400,000, and decrease transfers from the Measure M Fund (2200-39) to the CIP Fund (1200-15) by $300,000. September 14, 2009 Page 7 8. ACCEPTANCE OF A DONATION FROM FUJIFILM USA. Prepared by: Mark Yokovama, Chief of Police Recommended Action: That the City Council accept the donation of one (1) Fujifilm model IS-1, infrared digital camera from Fujifilm USA (6200 Phyllis Drive, Cypress, CA 90630) to be used by the Police Department for forensic analysis and/or nighttime surveillance. 9. APPROVAL OF AN AGREEMENT TO TRANSFER FUNDS FOR FY 2009 RECOVERY ACT JAG PROGRAM. Prepared by: Mark Yokovama, Chief of Police Recommended Action: That the City Council: 1) Approve an increase to estimated revenues in the General Fund in Other Grants (account number 114-99999-3525), in the amount of $31,348 for the 2009 Recovery Act, Justice Assistance Grant program; and 2) Approve the appropriation of $8,000 from the 2009 Recovery Act, Justice Assistance Grant program to the unreserved fund balance of the General Fund to Small Tools and Equipment (account number 114-50183-4187), for the purchase of various police equipment; and 3) Approve the appropriation of $12,348 from the 2009 Recovery Act, Justice Assistance Grant program to the unreserved fund balance of the General Fund to Software (account number 114-50183-4116), for the purchase of law enforcement related software; and 4) Approve an increase to budgeted transfers from the General Fund, (account number 114-99999.4501721), in the amount of $11,000 for the 2009 Recovery Act, Justice Assistance Grant program to the City's Equipment Replacement Fund (account number 721-99999.3901_114); and 5) Approve the appropriation of $11,000 from the 2009 Recovery Act, Justice Assistance Grant program to the unreserved fund balance of the City's Equipment Replacement Fund (account number 721-95300-4305_200), for the purchase of various police equipment; and 6) Authorize the Mayor to execute three (3) original copies of the "Agreement to Transfer Funds for FY 2009 Recovery Act JAG Program." September 14, 2009 Page 8 10. ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2009 THROUGH JUNE 30, 2012. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council adopt the Resolution by title only, title as follows, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Police Management Association. A Resolution of the City Council of the City of Cypress, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Police Management Association Concerning Wages, Salaries, Fringe Benefits, and Conditions of Employment. 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 92378 THROUGH 92399 AND FISCAL YEAR 2009-10 FOR WARRANTS NO. 10234 THROUGH 10421. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Years 2008-09 and 2009-10. END OF CONSENT CALENDAR NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. September 14, 2009 Page 9 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 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, September 28, 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 9th day of September, 2009. woAa~,rn 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, SEPTEMBER 11, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.