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Agenda 2011-08-08CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 8, 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 Agenda contains a brief general description of each item to be considered. Except as wise 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.cyprrss.ca.us_ City Council Agendas /Minutes are available at www. ci. cypre ss. ca. us. August 8, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION Pursuant to California law, "a person may not disc lose 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 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 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 August 8, 2011 PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION 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. 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 AN APPEAL OF THE ASSESSMENT AGAINST THE PROPERTY LOCATED AT 5662 VONNIE LANE FOR COSTS ASSOCIATED WITH THE ABATEMENT AND REMOVAL OF JUNK, TRASH, DEBRIS, AND SALVAGED MATERIAL. Prepared by: Khuonq Truonq, Code Enforcement Officer Recommended Action: That the City Council deny the appeal and adopt the Resolution by title only, title as follows, confirming the assessment in the amount of $7,610.35 for the recovery of code enforcement abatement costs for the property located at 5662 Vonnie Lane (the "Property within the RM -15 Residential Multiple Family Zone. Page 3 August 8, 2011 Page 4 A Resolution of the City Council of the City of Cypress, Ordering Confirmation of the Assessments Against Parcels of Land Within the City of Cypress for Costs of Abatement and Removal of Junk, Trash, Debris, Salvaged Material and /or Hazardous Material or Vegetation Therefrom for the Fiscal Year 2010 -2011. 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 July 25, 2011. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES 2011 ANNUAL CONFERENCE. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council designate Council Member Phil Luebben as the voting delegate for the League of California Cities 2011 Annual Conference. 5. ADOPTION OF OCTA MASTER FUNDING AGREEMENT NO. C -1 -2760. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council adopt the Master Funding Agreement No. C -1 -2760 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement. August 8, 2011 Page 5 6. APPROVAL OF FINAL TRACT MAP NO. 17411 FOR PROPERTY LOCATED AT 8672 AND 8692 BELMONT STREET. Prepared by: Dario Simoes, Associate Engineer Recommended Action: That the City Council approve Final Tract Map No. 17411 and authorize the City Clerk to sign the record map. 7. APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR ON -CALL ENGINEERING SEWER DESIGN SERVICES. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Approve Contract Amendment No. 1 to Contract Services Agreement with Lee Ro, Inc., for providing on -call engineering sewer design services; and 2) Approve Contract Amendment No. 1 to Contract Services Agreement with AKM Consulting Engineers, for providing on -call engineering sewer design services. 8. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2010 -01. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a construction contract for Sewer Rehabilitation at Various Locations, Public Works Project No. 2010 -01, in the amount of $562,230, to the lowest responsible bidder, Paulus Engineering, Anaheim, California, and authorize a contingency of $84,300 (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 Inspection and Testing Services, in the amount of $77,058, within the agreement for On -Call Construction Management/Inspection /Engineering Services, for Sewer Rehabilitation at Various Locations, Public Works Project No. 2010 -01, to Jacobs Field Services North America, Inc. (Jacobs), and authorize a contingency of $11,600 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. August 8, 2011 Page 6 9. ACCEPTANCE OF GRANT FUNDS FROM THE TARGET CORPORATION. Prepared by: Jackie Gomez Whiteley, Chief of Police Recommended Action: That the City Council: 1) Accept the grant funds from the Target Corporation in the amount of $1,000; and 2) Increase estimated revenues (114- 50183.3525 Grants Miscellaneous) in the General Fund Grants Fund for FY 2011 -2012 in the grant total of $1,000; and 3) Approve the following appropriation in the General Fund Grants Fund as follows: 114 50183.4103_04 (Special Activities) $1,000. 10. ACCEPTANCE OF THE SECOND AMENDMENT TO THE POINT OF DISPENSING SITE PLANNING SERVICES CONTRACT. Prepared by: Jackie Gomez Whiteley, Chief of Police Recommended Action: That the City Council: 1) Accept the amendment to the Point of Dispensing Site Planning Services Contract; and 2) Increase estimated revenues (114- 50183.3525 Grants Miscellaneous) in the General Fund Grants Fund for FY 2011 -2012 for the grant increase total of $3,428; and 3) Approve the following appropriation in the General Fund Grants Fund as follows: 114 50183.4116 (Computer Supplies) $3,428. 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2010 -11 and 2011 -12 FOR WARRANTS NO. 18685 THROUGH 18916. 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 2010 -11 and 2011 -12. August 8, 2011 Page 7 Recreation Park District Matters: 12. APPROVAL OF FUND APPROPRIATIONS AND AN AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO PARTICIPATE IN THE SENIOR MOBILITY PROGRAM FOR FISCAL YEAR 2011 -2012. Prepared by: June Liu, Director of Recreation and Community Services NEW BUSINESS Recommended Action: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Appropriate $35,350 from the Fund Balance of the District's Unreserved General Fund to the Private Contract Services Transportation account within the Senior Citizens Program (212- 90317.4187036); and 2) Increase estimated revenues in account 212 99999.3525 (Grants Miscellaneous) by $37,080 as related to the receipt of Measure M2 monies; and 3) Approve an agreement with Orange County Transportation Authority for the provision of senior transportation services for FY 2011 -2012 via the Senior Mobility Program. No items. No items. No items. END OF CONSENT CALENDAR RECREATION PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. August 8, 2011 Page 8 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 Special Meeting, to be held on Monday, August 15, 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 Tess than 72 hours prior to the meeting. Dated this 3rd day of August, 2011. jug 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, AUGUST 5, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.