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Minutes 2010-03-22466 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 22, 2010 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey CounciVAgency Board Member Phil Luebben CounciVAgency Board Member Leroy Mills CounciVAgency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder, ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Los Angeles, California, on Behalf of Itself and Others Similarly Situated, v. Hotels.com, L.P., et al., Case Number BC326693, Superior Court of the State of California, County of Los Angeles, Central District. The City Attorney reported that the City Council would be meeting in Closed Session regarding 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 30- 2008 00103466; Orange County Superior Court. At 6:31 p.m., the Mayor recessed the meeting. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:01 p.m. by Mayor Narain. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem /Agency Vice Chair Doug Bailey Council /Agency Board Member Phil Luebben CounciVAgency Board Member Leroy Mills CounciVAgency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager /Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Chief of Police Mark Yokoyama Public Works Director Doug Dancs Police Lieutenant Jeff Kepley Assistant City Engineer Kamran Dadbeh Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mills. INVOCATION: The invocation was given by City Attorney Wynder. CITY COUNCIL MINUTES MARCH 22, 2010 PRESENTATIONS: The Mayor presented a proclamation to the staff of the West Cities Police Communications Center proclaiming the week of April 11 -17, 2010 as "National Public Safety Dispatcher Week" in the City of Cypress. Council Member Mills read and presented a "Welcome Home Vietnam Veterans Day' proclamation. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Los Angeles, California, on Behalf of Itself and Others Similarly Situated, v. Hotels.com, L.P., et al., Case Number BC326693, Superior Court of the State of California, County of Los Angeles, Central District. The City Attorney stated that a privileged and confidential status and strategy report was provided to the City Council. No reportable action was taken nor was any solicited. The City Attorney reported that the City Council met in Closed Session regarding 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 30- 2008 00103466; Orange County Superior Court. The City Attorney stated that a privileged and confidential status and strategy report was provided to the City Council. No reportable action was taken nor was any solicited. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Jenelle Froisland, Southern California Edison, introduced herself as the new Region Manager. Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 1 through 7. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 8, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of March 8, 2010, as amended. Item No. 2: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 2 46,7 CITY COUNCIL MINUTES Item No. 3: PROCLAIMING THE WEEK OF APRIL 11 -17, 2010 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 11 -17, 2010 as "National Public Safety Dispatcher Week" in the City of Cypress. Item No. 4: APPROPRIATION OF PEG FUNDS FOR CYPRESS CHANNEL 36 EDIT SYSTEM REPLACEMENT. Recommendation: That the City Council: 1) Appropriate $7,500 to Account No. 111- 20119.4116 (Computer Software /Hardware) for the Cypress Channel 36 Edit System Replacement; and 2) Approve the transfer of $7,500 from the PEG Fund (291- 99999.4501 _111) to the General Fund (111-99999.3091_291) for Cypress Channel 36 Edit System Replacement. Item No. 5: REJECTION OF PREVIOUS BIDS AND AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE ECONOMIC STIMULUS OVERLAY PROJECT. PUBLIC WORKS PROJECT NO. 2009 -03, FEDERAL AID PROJECT NO. ESPL 5330 (014). Recommendation: That the City Council: 1) Reject all bids received on November 17, 2009, and return all bid bonds for the Economic Stimulus Overlay Project, Public Works Project No. 2009 -03, Federal Aid Project No. ESPL 5330 (014); and 2) Award a contract for the Economic Stimulus Overlay Project, Public Works Project No. 2009 -03, Federal Aid Project No. ESPL 5330 (014), in the amount of $415,932, to the lowest responsible bidder, All American Asphalt, Corona, California; authorize a contingency of $62,390 (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 3) Approve a Task Order for Construction Inspection Services, in the amount of $46,000, within the existing agreement for On -Call Construction Management /Inspection/Engineering Services, for the Economic Stimulus Overlay Project, to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $6,900 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer. Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of February, 2010. Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 12605 THROUGH 12755. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. NEW BUSINESS: No items. No items. No items. END OF CONSENT CALENDAR CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. 3 MARCH 22, 2010 1 El CITY COUNCIL MINUTES ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Narain requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Chaired an O.C. Sanitation District Administration Committee meeting. Attended a high school relay swim meet at Kennedy High School. Attended a Mandatory Settlement Conference on behalf of the City with the City Attorney and Chief of Police regarding the Blythe matter. Attended various high school swim meets. Mayor Pro Tem Bailey: Attended an O.C. Vector Control District meeting. Attended a fundraiser for Hotline of Southern California. Spoke regarding the AGENT Program receiving recognition from Washington, D.C. and congratulated staff on a job well done. Mayor Narain: Attended the mayoral transition in the City of Cerritos. Attended the Woman's Club of Cypress' Tea at the Senior Citizens Center. Attended the Teen Fashion Scene at the Community Center. Attended a Mayors' meeting at Los Alamitos City Hall. Attended the Senior Prom at the Senior Citizens Center. Attended a pancake breakfast and earthquake preparedness meeting at Cypress Village Townhomes. Attended the Orange County's Got Talent fundraiser for the Cypress Civic Theatre Guild. Council Member Sevmore: Attended a West Comm Board meeting. Attended an O.C. Division League of California Cities meeting. Attended the Woman's Club of Cypress' Tea at the Senior Citizens Center. Attended a special O.C. Fire Authority Board meeting. Attended the ribbon cutting for Fire Station 48 in Seal Beach. Council Member Mills: Attended the Cypress Chamber of Commerce Networking breakfast. Attended the M.A.D.D. recognition luncheon. Attended the Woman's Club of Cypress' Tea at the Senior Citizens Center. Attended the Teen Fashion Scene at the Community Center. Attended the ribbon cutting for Fire Station 48 in Seal Beach. Attended a pancake breakfast and earthquake preparedness meeting at Cypress Village Townhomes. Attended the Orange County's Got Talent fundraiser for the Cypress Civic Theatre Guild. ITEMS FROM CITY MANAGER: The City Manager spoke regarding the Chief of Police's recent involvement in the pursuit of a stolen vehicle and arrest of one suspect. Discussed a Joint Forces Training Base meeting where various topics were discussed including requested documentation and securing funding for permanent repair of the runway. ADJOURNMENT: Mayor Narain adjourned the meeting at 7:33 p.m. to Monday, April 12, 2010, beginning at 5:30 p.m. in the Executive Board Roo ATTEST: i° CITY CLERK OF THE CITY OF CYPRESS 4 1J rnA a4;" t% MARCH 22, 2010 MAYOR OF THE CITY OF CYPRESS 4¢9