Agenda 2011-06-13CALL TO ORDER 6:30 P.M.
Council Chambers
ROLL CALL
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JUNE 13, 2011
6:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
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.
June 13, 2011 Page 2
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).)
ROLL CALL
PLEDGE OF ALLEGIANCE
CITY OF CYPRESS ITEMS:
CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators: John B. Bahorski and Richard Storey
Employee Groups:
Police Management Association
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Pulsifer v. City of Cypress
Case Number 30- 2011 00467319
Orange County Superior Court
RECONVENE 7:00 P.M.
Council Chambers
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
June 13, 2011 Page 3
INVOCATION
PRESENTATIONS INTRODUCTION OF CYPRESS POLICE SERGEANT
DEAN PINVIDIC
RECOGNITION OF RETIRING CYPRESS SCHOOL
DISTRICT SUPERINTENDENT SHERI
LOEWENSTEIN
PRESENTATION OF CERTIFICATES TO OUTGOING
CITY COMMISSIONERS:
Recreation and Community Services
Commission
David Ashman
Senior Citizens Commission
Gloria Straub
Traffic Commission
Michael Mullen
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.
June 13, 2011 Page 4
PUBLIC HEARINGS (1 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council and /or the Cypress Redevelopment
Agency.
1. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL
YEAR 2011 -12 BUDGET FOR THE CYPRESS RECREATION AND
PARK DISTRICT.
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, adopt the District Budget as proposed for the fiscal year
beginning July 1, 2011 after the conclusion of the public hearing.
2. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR
2011 -12 THROUGH FISCAL YEAR 2017 -18 CAPITAL
IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND
CYPRESS RECREATION AND PARK DISTRICT.
Prepared by: Kamran Dadbeh, Assistant City Engineer
Recommended Action: That the City Council, acting as the ex- officio
governing Board of Directors of the Cypress Recreation and Park
District: 1) Conduct a public hearing to solicit comments on the City's
proposed Fiscal Year 2011 -12 through Fiscal Year 2017 -18 Capital
Improvement Program (CIP); and 2) Upon closing the public hearing,
formally adopt the City of Cypress /Cypress Recreation and Park District
Capital Improvement Program for Fiscal Year 2011 -12 through Fiscal
Year 2017 -18.
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 (3 22)
3. APPROVAL OF MINUTES.
Meeting of May 23, 2011.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
June 13, 2011 Page 5
4. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
5. CONFIRMATION OF APPOINTMENTS TO FILL NINE
COMMISSIONER VACANCIES.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council confirm the appointments
of nine (9) Commissioners, each serving four -year terms, effective
July 1, 2011.
6. BLYTHE V. NORTH ORANGE COUNTY COMMUNITY COLLEGE
DISTRICT.
Prepared by: William Wynder, City Attorney
Recommended Action: That the City Council: 1) Approve that certain
"Settlement Agreement Release of All Claims" by and between the
City of Cypress and the North Orange County Community College
District, and authorize the Mayor to execute the same on behalf of the
City; and 2) Approve that certain "Memorandum of Understanding
Between the City of Cypress North Orange County Community
College District Regarding the Rendition of Certain Law Enforcement
Services by Cypress Police Department to Cypress College" and
authorize the Mayor to execute the same on behalf of the City.
7. FISCAL YEAR 2011 -2012 CAPITAL IMPROVEMENT PROGRAM
(CIP) GENERAL PLAN CONSISTENCY DETERMINATION.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council: 1) Determine that the
Fiscal Year 2011 -2012 Capital Improvement Program (CIP) is
consistent with the City of Cypress General Plan 2001 Update, as
required by Government Code Section 65103(c); and 2) Receive
and file the staff report for the Fiscal Year 2011 -2012 Capital
Improvement Program (CIP) Consistency Determination.
June 13, 2011 Page 6
8. AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR
2011 -2012.
Prepared by: Steven 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 three 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 Three (3) Contracts for the
Award of Community Development Block Grant (CDBG)
Funds Through the County of Orange for the Program
Year Spanning July 1, 2011 Through June 30, 2012.
9. 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 by: Bobby Blackburn, Public Works Superintendent
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving the City Engineer's Report and
establishing a public hearing for July 11, 2011, 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 13, 2011,
in Connection with the Renewal of Cypress Corporate
Center Landscape Maintenance District No. 1.
June 13, 2011 Page 7
10. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER
REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS
PROJECT NO. 2010 -01.
Prepared by: Jim Gorin, Associate Engineer
Recommended Action: That the City Council approve the plans and
specifications for Sewer Rehabilitation at Various Locations, Public
Works Project No. 2010 -01.
11. ADOPTION OF RESOLUTION CONCERNING THE STATUS OF
THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS
BEING IN COMPLIANCE WITH THE ORANGE COUNTY MASTER
PLAN OF ARTERIAL HIGHWAYS.
Prepared by: Nick Mangkalakiri, Associate Engineer
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, informing the Orange County Transportation
Authority (OCTA) that the status of the Circulation Element of the
Cypress General Plan conforms to the County's Master Plan of Arterial
Highways (MPAH).
A Resolution of the City Council of the City of Cypress,
Concerning the Status of the Circulation Element for
the City of Cypress.
12. AWARD OF CONTRACT FOR REPLACEMENT OF TWO PUBLIC
WORKS VEHICLES.
Prepared by: Bobby Blackburn, Public Works Superintendent
Recommended Action: That the City Council: 1) Find that the City of
Santa Monica's Purchase Order No. 310194 000 -OP satisfies the bid
process per City Code Section 21A-10(e); and 2) Award a contract to
purchase two 2011 Ford F -250 propane powered trucks from Galpin
Ford, 15505 Roscoe Blvd., North Hills, California 91343, in the amount
of $71,511.
June 13, 2011 Page 8
13. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL
OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE LEFT TURN SIGNAL
MODIFICATION ON VALLEY VIEW STREET AT ORANGEWOOD
AVENUE AND FRED DRIVE, PUBLIC WORKS PROJECT
NO. 2010 -10.
Prepared by: Keith Carter, Associate Engineer/Traffic
Recommended Action: That the City Council: 1) Award a construction
contract for the Left Turn Signal Modification on Valley View Street at
Orangewood Avenue and Fred Drive, Public Works Project No.
2010 -10, to the lowest responsible bidder, California Professional
Engineering, Inc., La Puente, California, in the amount of $86,615, and
authorize a contingency of $12,992 (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 $12,727 within the agreement for On -Call
Construction Management/Inspection /Engineering Services, for the Left
Turn Signal Modification Project on Valley View Street at Orangewood
Avenue and Fred Drive, Project No. 2010 -10, to Jacobs Field Services
North America, Inc. (Jacobs), authorize a contingency of $1,909 (15%
of contract amount) to be used for unforeseen work, and direct the
Director of Public Works /City Engineer to act as Contract Officer.
14. ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND
VARIOUS LOCAL AGENCIES FOR THE KATELLA AVENUE
TRAFFIC LIGHT SYNCHRONIZATION PROGRAM PROJECT.
Prepared by: Keith Carter, Associate Engineer/Traffic
Recommended Action: That the City Council: 1) Adopt the
Memorandum of Understanding between the Orange County
Transportation Authority (OCTA) and the City of Cypress for the
Katella Avenue Traffic Light Synchronization Program (TLSP) Project;
and 2) Authorize the Mayor to execute the Memorandum of
Understanding.
June 13, 2011 Page 9
15. ADOPTION OF A RESOLUTION APPROVING THE JOINT
SUBMITTAL OF THE VALLEY VIEW STREET TRAFFIC SIGNAL
SYNCHRONIZATION IMPROVEMENT PROJECT WITH THE CITY
OF BUENA PARK TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE MEASURE M2
REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION
PROGRAM.
Prepared by: Keith Carter, Associate Engineer/Traffic
Recommended Action: That the City Council: 1) Adopt the Resolution
by title only, title as follows, approving the joint submittal with the City of
Buena Park for the Valley View Street Traffic Signal Synchronization
Improvement Project to the Orange County Transportation Authority for
funding under the Measure M2 Regional Transportation Signal
Synchronization Program; and 2) Approve a transfer in the amount of
$900 from the unreserved fund balance of the Regional Traffic Fee
Fund, Account No. 235-99999.4501_111 to General Fund Account
No. 111-99999.3901_235 for Fiscal Year 2011 -12.
A Resolution of the City Council of the City of Cypress,
Approving the Joint Submittal of the Valley View
Street Traffic Signal Synchronization Project with the
City of Buena Park to the Orange County Transportation
Authority for Funding Under the Measure M2 Regional
Transportation Signal Synchronization Program.
16. ADOPTION OF RESOLUTION ESTABLISHING FUND BALANCE
CLASSIFICATIONS IN ACCORDANCE WITH GOVERNMENTAL
ACCOUNTING STANDARDS BOARD (GASB) STATEMENT NO. 54.
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, establishing fund balance classifications,
commitments and authorizations in accordance with Governmental
Accounting Standards Board Statement No. 54.
A Resolution of the City Council of the City of Cypress,
California, Approving Fund Balance Classifications,
Commitments and Authorizations in Accordance with
Governmental Accounting Standards Board (GASB)
Statement No. 54.
June 13, 2011 Page 10
17. ADOPTION OF RESOLUTION ESTABLISHING SALARY AND
BENEFITS FOR UNREPRESENTED /CONFIDENTIAL POSITIONS;
ADOPTION OF RESOLUTION ESTABLISHING SALARY AND
BENEFITS FOR MID MANAGEMENT POSITIONS; AND ADOPTION
OF RESOLUTION ESTABLISHING SALARY AND BENEFITS FOR
EXECUTIVE POSITIONS.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council: 1) Adopt a Resolution
by title only, title as follows, establishing salary ranges and benefits
for Unrepresented /Confidential positions; 2) Adopt a Resolution by
title only, title as follows, establishing salary ranges and benefits for
Mid Management positions; and 3) Adopt a Resolution by title only,
title as follows, establishing salary ranges and benefits for Executive
positions.
A Resolution of the City Council of the City of Cypress,
and Acting as Ex- Officio Board of Directors of the
Cypress Recreation and Park District, Establishing
Compensation for the Unrepresented /Confidential
Positions of Human Resources Analyst, Management
Analyst, Secretary to the City Manager, Recording
Secretary /Deputy City Clerk and Human Resources
Technician.
A Resolution of the City Council of the City of Cypress,
and Acting as Ex- Officio Board of Directors of the
Cypress Recreation and Park District, Establishing
Salary Ranges and Benefits for Mid Management
Positions.
A Resolution of the City Council of the City of Cypress,
and Acting as Ex- Officio Board of Directors of the
Cypress Recreation and Park District, Establishing
Salary Range and Benefits for Executive Management.
18. RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL
YEAR 2011 -12 APPROPRIATION LIMIT.
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, establishing the City's Fiscal Year 2011 -12
appropriation limit.
A Resolution of the City Council of the City of Cypress,
Establishing the City's Appropriation Limit for the
2011 -12 Fiscal Year.
June 13, 2011 Page 11
19. ADOPTION OF THE FISCAL YEAR 2011 -12 BUDGET FOR THE
CITY OF CYPRESS.
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, approving the City's annual budget for the
fiscal year beginning July 1, 2011.
A Resolution of the City Council of the City of Cypress,
Approving the Annual Budget for the Fiscal Year
Commencing July 1, 2011 and Fixing the Limitations
of Expenditures for the Several Funds and the
Functions, Departments, and Activities Carried on
Under Such Funds.
20. ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY.
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, adopt the Resolution by title only, title as follows, regarding the
adoption of the Annual Statement of Investment Policy.
A Resolution of the City Council of the City of Cypress,
and Acting as the Ex- Officio Governing Board of
Directors of the Cypress Recreation and Park District,
Adopting the Annual Statement of Investment Policy.
21. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS
NO. 17897 THROUGH 18217.
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.
June 13, 2011
Recreation and Park District Matters:
22. RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND
PARK DISTRICT'S FISCAL YEAR 2011 -12 APPROPRIATION
LIMIT.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
NEW BUSINESS (23)
Recommended Action: That the City Council, acting as the ex- officio
governing Board of Directors of the Cypress Recreation and Park
District, adopt the Resolution by title only, title as follows, establishing
the District's Fiscal Year 2011 -12 appropriation limit.
A Resolution of the City Council of the City of Cypress,
Ex- Officio Governing Board of Directors of the Cypress
Recreation and Park District, a Subsidiary District of the
City of Cypress Establishing the Cypress Recreation
and Park District's Appropriation Limit for the 2011 -12
Fiscal Year.
END OF CONSENT CALENDAR
23. INTRODUCTION OF ORDINANCE AMENDING CHAPTER 13,
ARTICLE IV, OF THE CYPRESS MUNICIPAL CODE, ENTITLED
CYPRESS WATER QUALITY.
Prepared by: Gonzalo Vazquez, Water Quality Manager
Recommended Action: That the City Council introduce the Ordinance
for first reading by title only, title as follows, to amend Chapter 13,
Article IV, of the Cypress Municipal Code, entitled Cypress Water
Quality identifying facilities that are subject to inspections pursuant to
the National Pollutant Discharge Elimination System (NPDES)
requirements that mandate inspections of designated commercial and
industrial facilities in the City, identifying best management practices,
and authorizing implementation of a discharge permit program.
An Ordinance of the City Council of the City of Cypress,
California, Amending Chapter 13, Article IV, of the
Cypress Municipal Code, Entitled Cypress Water
Quality.
Page 12
June 13, 2011 Page 13
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.
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 (24)
24. ADOPTION OF THE FISCAL YEAR 2011 -12 BUDGET FOR THE
CYPRESS REDEVELOPMENT AGENCY.
Prepared bv: Richard Storey, Assistant Citv Manager /Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board adopt the Agency's annual budget as proposed for the fiscal
year beginning July 1, 2011.
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
END OF CONSENT CALENDAR
June 13, 2011
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, June 27, 2011,
beginning at 5:00 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
8 day of June, 2011.
Pe-k -Gtot 6A,a6tAn
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 10, 2011 WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.
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