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Agenda 2011-04-11AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 11, 2011 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. CALL TO ORDER 5:30 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR LEROY MILLS MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE 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. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA 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 and the City's website at www.ci.cypress.ca.us. City Council Agendas /Minutes are available at www.ci.cypress.ca.us. APRIL 11, 2011 Page 2 WORKSHOP OVERVIEW OF PUBLIC OPINION AND STRATEGIC SESSION RESEARCH SERVICES IN CONSIDERATION OF FUNDING FOR RECREATION IMPROVEMENTS Recess the meeting to Closed Session. CLOSED SESSION Pursuant to California law, "a person may not disclose confidential information that has been acquired by being present in a closed session... to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information." (Gov. Code 54963(a).) Any "[v]iolation of [Government Code 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information...; (2) disciplinary action against [a person] who has willfully disclosed confidential information....; [and /or] (3) referral of a member of a legislative body who has willfully disclosed confidential information... to a grand jury." (Gov. Code 54963(c).) CITY OF CYPRESS ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company Party Negotiating With: Warland Investments Company Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development Under Negotiation: Terms and Conditions of Development Agreement 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 Numbers 30- 2008 00103466 and 30- 2009 00118968 Orange County Superior Court APRIL 11, 2011 Page 3 RECONVENE 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION MAYOR /AGENCY CHAIR LEROY MILLS MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER /BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN CITY MANAGER 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. APRIL 11, 2011 Page 4 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 9) 1. APPROVAL OF MINUTES. Meetings of March 28, 2011. 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. 3. PROCLAIMING APRIL 16, 2011 AS "ARBOR DAY" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim April 16, 2011 as "Arbor Day" in the City of Cypress. APRIL 11, 2011 Page 5 4. A REQUEST FOR CITY COUNCIL APPROVAL TO FILE AN ABATEMENT LIEN TO RECOVER EXPENSES ASSOCIATED WITH CODE ENFORCEMENT ABATEMENT ACTIVITIES FOR THE PROPERTY LOCATED AT 5662 VONNIE LANE IN THE RM -15 RESIDENTIAL MULTI FAMILY ZONE. Prepared by: Khuong Truonq, Code Enforcement Officer Recommended Action: That the City Council authorize the City Attorney to file an Abatement Lien in the amount of $7,610.35 for the recovery of Code Enforcement abatement costs for the property located at 5662 Vonnie Lane. 5. APPROVAL OF AGREEMENT TO FUND IMPLEMENTATION OF WATER QUALITY MONITORING, REPORTING, AND STUDIES TO COMPLY WITH THE REQUIREMENTS OF THE SAN GABRIEL RIVER /COYOTE CREEK TOTAL MAXIMUM DAILY LOADS (TMDLS) FOR COPPER, LEAD, AND ZINC. Prepared by: Gonzo Vazquez, Water Quality Manager Recommended Action: That the City Council approve the agreement with the County of Orange to fund implementation of annual water quality monitoring, reporting, and studies to comply with the requirements of the San Gabriel River /Coyote Creek Total Maximum Daily Loads (TMDLs) for copper, lead, and zinc. 6. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VALLEY VIEW FIBER OPTIC INSTALLATION PROJECT, PUBLIC WORKS PROJECT NO. 2009 -10. Prepared by: Keith Carter, Associate Engineer /Traffic Recommended Action: That the City Council: 1) Award a construction contract for the Valley View Fiber Optic Installation Project, Public Works Project No. 2009 -10, in the amount of $270,831.30, to the lowest responsible bidder, Steiny and Company, Inc., Baldwin Park, California, authorize a contingency of $40,625 (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 $32,308 within the agreement for On -Call Construction Management/Inspection /Engineering Services, for the Valley View Fiber Optic Installation Project No. 2009 -10, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $4,846 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. APRIL 11, 2011 Page 6 7. ACCEPTANCE OF THE INSTALLATION OF THE DESIGN /BUILD CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM FOR THE POLICE DEPARTMENT, PUBLIC WORKS PROJECT NO. 2010-16. Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council: 1) Accept the installation of the Design /Build of a Closed Circuit Television (CCTV) System for the Police Department, Public Works Project No. 2010 -16, as being satisfactorily completed in conformance with the project specifications, in the final amount of $215,682.64; and 2) Approve the final retention payment of $21,568.26 to Leverage Information Systems, Corona, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 8. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17243 THROUGH 17403. 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 Year 2010 -11. Recreation Park District Matters: 9. APPROVAL OF FUND APPROPRIATIONS AND AWARD OF CONTRACT FOR PUBLIC OPINION AND RESEARCH STRATEGY CONSULTING SERVICES. Prepared by: June Liu, Director of Recreation and Community Services Recommended Action: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Appropriate funds in the amount of $25,630 from the District's Unreserved, Undesignated General Fund and transfer to the Recreation and Park District's Private Contract Services account within the Recreation Administration Program (212- 90301.4187_100); and 2) Award a contract for consulting services to Godbe Research in the amount not to exceed $25,630 for the purpose of public opinion research and research strategy information related to public financing options for Recreation infrastructure and improvements. END OF CONSENT CALENDAR APRIL 11, 2011 Page 7 NEW BUSINESS (10) 10. INTRODUCTION OF ORDINANCE AMENDING CHAPTER 3 OF THE CYPRESS MUNICIPAL CODE "ANIMALS AND FOWL RELATING TO THE RESTRAINT OF DOGS AND DECLARATION AND POSSESSION OF VICIOUS OR POTENTIALLY DANGEROUS DOGS IN THE CITY OF CYPRESS. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Chapter 3 of the Cypress Municipal Code "Animals and Fowl relating to the restraint of dogs and declaration and possession of vicious or potentially dangerous dogs in the City of Cypress. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 3 of the Cypress Municipal Code "Animals and Fowl Relating to the Restraint of Dogs and Declaration and Possession of Vicious or Potentially Dangerous Dogs in the City of Cypress. 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. APRIL 11, 2011 Page 8 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, April 25, 2011, 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 6 day of April, 2011. 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, APRIL 8, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.