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Agenda 2012-06-25AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 25, 2012 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 DOUG BAILEY MAYOR PRO TEM PRAKASH NARAIN COUNCILMEMBER PHIL LUEBBEN COUNCILMEMBER LEROY MILLS COUNCILMEMBER TODD SEYMORE ORAL COMMUNICATIONS The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, 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 and the City's website at www.ei.cypress.ca.us. City Council Agendas/Minutes are available at www. ci. cypress. ca. us. June 25, 2012 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).) CITY OF CYPRESS ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle Party Negotiating With: Lewis Operating Corporation Negotiating Party: City Manager and Director of Public Works Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski and Richard Storey Employee Groups: Police Management Association Mid - Management Non - Represented CITY OF CYPRESS /SUCCESSOR AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c).) Number of Cases: One RECONVENE 7:00 P.M. Council Chambers June 25, 2012 Page 3 ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS MAYOR DOUG BAILEY MAYOR PRO TEM PRAKASH NARAIN COUNCILMEMBER PHIL LUEBBEN COUNCILMEMBER LEROY MILLS COUNCILMEMBER TODD SEYMORE PRESENTATION OF CERTIFICATES TO OUTGOING CITY COMMISSIONERS: • Recreation and Community Services Commission - Carlos Ramirez • Senior Citizens Commission - Nancy Shaw PRESENTATION OF CERTIFICATES OF APPOINTMENT TO ALL NEWLY- APPOINTED COMMISSIONERS AND ADMINISTER LOYALTY OATH OF OFFICE • Recreation and Community Services Commission • Senior Citizens Commission REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY June 25, 2012 Page 4 ORAL COMMUNICATIONS (LIMITED TO ONE -HALF HOUR) The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, 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 Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. 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 — 13) 1. APPROVAL OF MINUTES. Meeting of June 11, 2012. 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. June 25, 2012 Page 5 3. PROCLAIMING THE MONTH OF JULY 2012 AS "PARKS AND RECREATION MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the month of July 2012 as "Parks and Recreation Month" in the City of Cypress. 4. ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2012. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. A Resolution of the City Council of the City of Cypress, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 6, 2012, for the Election of Certain Officers as Required by the Provisions of the City Charter. A Resolution of the City Council of the City of Cypress, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 6, 2012, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 5. APPROVAL OF FINAL TRACT MAP NO. 17421. PROPERTY LOCATED AT MOODY STREET AND ORANGE AVENUE. Prepared by: Dario Simoes, Associate Engineer Recommended Action: That the City Council approval Final Tract Map No. 17421 and authorize the City Clerk to sign the record map. June 25, 2012 Page 6 6. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72. Prepared by: Dario Simoes, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for the 2011/12 Slurry Seal Project, Public Works Project No. 72, in the amount of $1,718,449, to the lowest responsible bidder All American Asphalt, Corona, California; authorize a contingency of $257,768 (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 $173,150, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for 2011/12 Slurry Seal Project, Public Works Project No. 72, to Vali Cooper and Associates, Inc. (Vali Cooper); authorize a contingency of $25,973 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. 7. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT /ENGINEERING SUPPORT/TESTING AND INSPECTION SERVICES FOR THE MYRA AVENUE STORM DRAIN (SD2) PROJECT, PUBLIC WORKS PROJECT NO. 84. Prepared by: Dario Simoes, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for the Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, in the amount of $3,473,099, to the lowest responsible bidder Palp Inc., DBA Excel Paving Co., Long Beach, California; authorize a contingency of $520,965 (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 $274,382, within the existing on -call agreement for Construction Management/Engineering Support/Testing and Inspection Services, for Myra Avenue Storm Drain (SD2) Project, Public Works Project No. 84, to AKM Consulting Engineers (AKM); authorize a contingency of $41,158 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. June 25, 2012 Page 7 8. APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF THE TASER X26 AND TASER CARTRIDGES. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council: 1) Approve the appropriation of $31,256 to account number 281 - 50179.4113 (Small Tools and Equipment) from the Narcotics Asset Seizure Fund (281) fund balance for the purchase of thirty -three (33) TASER X26 Electronic Control Devices (ECD) and one - hundred (100) TASER cartridges; and 2) Award a contract to TASER International, Inc., 17800 N. 85th Street, Scottsdale, AZ 85255, in the amount of $31,256 for the purchase of thirty -three (33) TASER X26 Electronic Control Devices and one - hundred (100) TASER cartridges; and 3) Make a finding, pursuant to Cypress Municipal Code § 21A- 10(f), that it is in the best interest of the City to dispense with bidding of this purchase because, pursuant to Cypress Municipal Code § 21A -18, there exists a situation where procurement of the TASER X26 and TASER cartridges are obtainable only from TASER International, Inc. for its proprietary software and hardware that meet system requirements. 9. APPROVAL OF AN AGREEMENT TO PARTICIPATE IN ALERTOC — A COUNTYWIDE, EMERGENCY PUBLIC MASS NOTIFICATION SYSTEM. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council: 1) Approve an agreement with the County of Orange for the period of July 1, 2012 to June 30, 2013, authorizing the City of Cypress to utilize the County's Mass Notification System, known as AIertOC; and 2) Grant authority to the positions of City Manager, Finance Director or Police Chief for and on behalf of the City of Cypress to annually execute the agreement with the County as it approaches the renewal date. June 25, 2012 Page 8 10. ADOPTION OF A RESOLUTION AMENDING THE PART -TIME PAY SCHEDULE TO INCLUDE DEPARTMENT DIRECTOR (TEMPORARY PART - TIME). Prepared by: Cathy Thompson, Human Resources Manaqer Recommended Action: That the City Council and acting as Ex- Officio Governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, amending Resolution No. 6045 to include the classification of Department Director (Temporary Part- Time). 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 the Temporary Part-Time Classification of Department Director and Adding the Position to the Temporary Part -Time and Seasonal Employees Hourly Pay Range Schedule. 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2012. 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 May, 2012. 12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 22411 THROUGH 22555. 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 2011 -12. June 25, 2012 Page 9 Recreation and Park District Matters: 13. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE JOINT FORCES TRAINING BASE FOR THE 2012 4TH OF JULY EVENT. 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, approve a Memorandum of Agreement with the Joint Forces Training Base for the 2012 4th of July Event. 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. SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council 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. June 25, 2012 Page 10 ITEMS FROM CITY COUNCIL MEMBERS (14) 14. CONSIDERATION OF SUBMITTAL OF A LETTER OF OPPOSITION TO AB 904 (SKINNER) — LOCAL PLANNING. (Council Member Mills) Recommended Action: That the City Council consider the submittal of a Letter of Opposition to AB 904 (Skinner) — Local Planning. •Reports on Committee Assignments •Other Items ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, July 9, 2012 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 20th day of June, 2012. LOLj'v7,rY1 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 22, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.