Agenda 2009-09-28AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 28, 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 28, 2009
Page 2
Recess the meeting to Closed Session.
CLOSED CITY OF CYPRESS ITEMS:
SESSION
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 -
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
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers
134-011-43 & 45, Located at 6122 Lincoln
Avenue
Negotiating Party: Executive Director, Deputy
Executive Director, Redevelopment/Economic
Development Manager, and Redevelopment
Project Manager
Under Negotiation: Price and Terms of Payment
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
September 28, 2009
Page 3
INVOCATION
PRESENTATIONS PRESENTATION OF PROCLAMATION TO
THE ORANGE COUNTY FIRE AUTHORITY
PROCLAIMING THE WEEK OF OCTOBER
3-10,2009 AS "FIRE PREVENTION WEEK"
IN THE CITY OF CYPRESS
UPDATE BY CYPRESS SCHOOL DISTRICT
ON PLANS FOR SCHOOL CLOSURE
PROCESS, MODERNIZATION OF SCHOOLS,
AND ASSET MANAGEMENT
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.
September 28, 2009
PUBLIC HEARINGS (1)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council and/or the Cypress Redevelopment
Agency.
1. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2000-16, A REQUEST TO INSTALL THREE (3)
NEW PANEL ANTENNAS AND REPLACE SIX (6) EXISTING
PANEL ANTENNAS ON AN EXISTING FIFTY-FOOT (50') HIGH
MONOPINE STRUCTURE LOCATED AT 6024 CERRITOS AVENUE
IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by: Judy Aquino, Assistant Planner
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Amendment to Conditional Use
Permit No. 2000-16, subject to the conditions in Exhibit "A" of the
Resolution.
A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 2000-16 - With Conditions.
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 (2 -12)
2. APPROVAL OF MINUTES.
Meeting of September 14, 2009.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
Page 4
3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
September 28, 2009
Page 5
4. PROCLAIMING THE WEEK OF OCTOBER 3-10,2009 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim the week of October 3-10, 2009 as "Fire Prevention Week" in
the City of Cypress.
5. AWARD OF CONSTRUCTION CONTRACT AND TASK ORDER
FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND
TESTING SERVICES FOR SEWER REHABILITATION AT VARIOUS
LOCATIONS, PUBLIC WORKS PROJECT NO. 2008-10.
Prepared by: Jim Gorin, Associate Engineer
Recommended Action: That the City Council: 1) Award a contract for
Sewer Rehabilitation at Various Locations, Public Works Project
No. 2008-10, in the amount of $455,633, to the lowest responsible
and most qualified bidder, Kana Pipeline, Inc., Placentia, California;
and 2) Authorize the Director of Public Works/City Engineer to
negotiate a Supplemental Agreement, per the Standard
Specifications for Public Works Construction, for adding additional
work to the project, in an amount not to exceed $250,000; and
3) Authorize a contingency of $105,800 (15% of Bid Amount plus the
Supplemental Agreement), and direct the Director of Public
Works/City Engineer to issue any necessary change orders to
complete additional work within budgetary authority; and 4) Approve a
Task Order for Construction Management, Inspection, and Testing
Services, in the amount of $67,664, within the agreement for On-Call
Construction Management/Inspection/Engineering Services, for
Sewer Rehabilitation at Various Locations, Public Works Project
No. 2008-10, to Jacobs Field Services North America, Inc. (Jacobs);
and authorize a contingency of $10,200 (15% of contract amount) to
be used for unforeseen work; and direct the Director of Public
Works/City Engineer to act as Contract Officer.
September 28, 2009
Page 6
6. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT
DEPARTMENT'S 2009/10 TARGETED RUBBERIZED ASPHALT
CONCRETE INCENTIVE GRANT PROGRAM.
Prepared by: Nick Manqkalakiri, Assistant Engineer
Recommended Action: That the City Council: 1) Accept grant funds in
the amount of $78,120 from the California Integrated Waste
Management Board's 2009/10 Targeted Rubberized Asphalt Concrete
Incentive Grant Program; and 2) Increase estimated grant revenues
by $78,120 in the Special Gas Tax 2106 Fund (Account
No. 232-99999.3525); and 3) Approve appropriation of $78,120 to
Account No. 232-80100-8012.4186 for Arterial Street Resurfacing.
7. AWARD OF CONSTRUCTION CONTRACT, AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES, AND
APPROVAL OF A JOINT AGREEMENT WITH THE CITY OF
BUENA PARK FOR THE 2009/10 OVERLAY PROJECT, PUBLIC
WORKS PROJECT NO. 2009-07.
Prepared by: Nick Manqkalakiri, Assistant Engineer
Recommended Action: That the City Council: 1) Award a contract for
the 2009/10 Overlay Project, Public Works Project No. 2009-07, in the
amount of $543,091.31, to the lowest responsible bidder Ortiz Asphalt
Paving, Inc., Colton, California; authorize a contingency of $81,464
(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
$60,545, within the existing agreement for On-Call Construction
Management/Inspection/Engineering Services, for 2009/10 Overlay
Project (Project No. 2009-07), to Jacobs Field Services North America,
Inc. (Jacobs); authorize a contingency of $9,082 (15% of contract
amount) to be used for unforeseen work; and direct the Director of
Public Works/City Engineer to act as Contract Officer; and 3) Approve
an agreement with the City of Buena Park for sharing the cost of
asphalt overlay improvements on Lincoln Avenue and authorize the
Mayor to execute the agreement.
September 28, 2009
Page 7
8. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2008-09.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council approve additional
appropriations for Fiscal Year 2008-09 as follows:
Additional Appropriation from the unreserved, undesignated fund
balance of the General Fund to:
Account 4179-11-105-01 (Legal Services)
$ 90,000
Account 4226-11-152-04 (Property Tax Collection)
30,000
Account 4001-11-163-05 (Regular Salaries)
200,000
Account 4003-11-163-05 (Overtime-Police)
110,000
Account 4021-11-165-05 (Temporary Salaries-Police)
65,000
Account 4001-11-193-06 (Regular Salaries)
12,000
Account 4006-11-193-06 (Fringe Applied)
10,000
Account 4189-11-243-06 (Inspection Services)
10,000
Account 4183-11-247-06 (Plan Checking Contract)
10,500
Additional Appropriation from the fund balance of the Lighting District
No. 2 Fund to:
Account 4200-25-223-07 (Electricity)
$120,000
Additional Appropriation from the fund balance of the Storm Drain
Maintenance Fund to:
Account 4001-43-281-08 (Regular Salaries) $ 58,000
Account 4006-43-281-08 (Fringe Applied) 38,000
Account 4021-43-281-08 (Temporary Salaries) 21,000
Additional Appropriations from the fund balance of the Business Park
Assessment District Debt Service Fund to:
Account 4189-56-369-15 (Professional Services) $ 500
September 28, 2009
Page 8
9. APPROVAL OF FISCAL YEAR 2008-09 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CITY OF CYPRESS TO FISCAL YEAR 2009-10.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council:
Authorize the appropriation of funds in Fiscal Year 2009-10 for the
carryover items as detailed in Attachment A and summarized as
follows:
11 General Fund
$ 412,101
15 Capital Projects Fund
1,919,646
22 Gas Tax 2106 Fund
17,014
24 Traffic Mitigation Assessment Fund
546,642
26 Plan Local Drainage Facility Fund
4,496,830
27 Corporate Center Maintenance District
5,241
39 Measure M Gas Tax Fund
350,946
41 Sewer Fund
1,454,659
89 Print Shop/Information Systems Fund
94,587
90 Capital Replacement Fund
129,245
TOTAL
42 11
2. Authorize the transfer of funds to support continuing appropriations
in Fiscal Year 2009-10 as listed below:
FROM
TO
AMOUNT
11 General Fund
90 Capital Replacement
$ 13,500
11 General Fund
26 Plan Local Drain Fac.
3,200,000
24 Traffic Mitigation Assmnt
39 Measure M Gas Tax
278,381
12 Park District General Fund
15 Capital Projects
20,032
43 Storm Drainage Fund
26 Plan Local Drain Fac.
1,514,956
39 Measure M Gas Tax
15 Capital Projects
78,517
TOTAL
5.105.386
3. Authorize the continuation of the following grant revenue to support
continuing appropriations to Fiscal Year 2009-10:
11 General Fund (3525-11) $129,762
15 Capital Projects Fund (3525-15) 800,000
22 Gas Tax 2106 Fund (3525-22) 400,000
24 Traffic Mitigation Assessment Fund (3525-24) 255,000
39 Measure M Gas Tax Fund (3525-39) 244,585
TOTAL 1 2 4
September 28, 2009
4. Authorize the appropriation
items encumbered at June
and summarized below:
of funds in Fiscal Year 2009-10 for
30, 2009 as detailed in Attachment B
11 General Fund
$10,555
15 Capital Projects Fund
1,914,649
22 Gas Tax 2106 Fund
237,603
24 Traffic Mitigation Fund
446,259
26 Plan Local Drain Facility Fund
2,102,537
39 Measure M Gas Tax Fund
187,179
41 Sewer Fund
843,624
43 Storm Drainage Fund
4,046
90 Capital Replacement Fund
202,989
TOTAL
5.949.441
10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
AUGUST, 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 August, 2009.
11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS
NO. 10422 THROUGH 10586.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Page 9
Recommended Action: That the City Council approve the attached
warrant registers and wire transfers for Fiscal Year 2009-10.
September 28, 2009
Page 10
Recreation and Park District Matters:
12. APPROVAL OF FISCAL YEAR 2008-09 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL
YEAR 2009-10.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors of the Cypress Recreation and Park
District:
1. Authorize the appropriation of
items encumbered at June 30,
and summarized below:
12 General Fund
funds in Fiscal Year 2009-10 for
2009 as detailed in Attachment A
$ 22,088
2. Authorize the appropriation of funds in Fiscal Year 2009-10 for the
carryover of continuing appropriations as detailed in Attachment A
and summarized as follows:
12 General Fund $ 28,632
3. Authorize the transfers of funds to support continuing
appropriations in Fiscal Year 2009-10 as listed below:
FROM TO AMOUNT
12 General Fund 15 City CIP Fund $ 20,032
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 28, 2009
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 (13)
13. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2008-09.
Prepared by: Richard Storey. Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board approve additional appropriations for Fiscal Year 2008-09 as
follows:
Additional Appropriation from the fund balance of the Civic Center
Debt Service Fund to:
Account 4226-52-363-15 (Property Tax Collection) $ 6,000
Additional Appropriation from the fund balance of the Lincoln Avenue
Debt Service Fund to:
Account 4275-53-364-15 (Interest) $64,000
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.
Page 11
ITEMS FROM CITY COUNCIL MEMBERS
.Reports on Committee Assignments
.Other Items
September 28, 2009
Page 12
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, October 12, 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
23rd day of September, 2009.
ft e0,aKq4J
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 25, 2009 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.