Agenda 2013-05-13AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, MAY 13, 2013
4:30 P.M.; 7:00 P.M.
Public Hearings at 7:00 P. M.
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 Hall Directory:
Administration — (714) 229 -6680
admina.ci. cypress. ca. us
Finance — (714) 229 -6700
fin(@,ci.cypress.ca.us
Community Development — (714) 229 -6720
cdd d ci.cypress.ca.us
Public Works — (714) 229 -6740
pw@ci.cypress.ca.us
Police — (714) 229 -6600
cypd(@.ci.cypress.ca.us
Recreation — (714) 229 -6780
cypd a(�ci.cypress.ca.us
City Council Agendas /Minutes are available at www.ci.cypress.ca.us.
CALL TO ORDER
ROLL CALL
4:30 P.M.
Executive Board Room
MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC
May 13, 2013 Page 2
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.
WORKSHOP
SESSION
WORKSHOP ON FISCAL YEAR 2013 -14 ANNUAL BUDGET
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 LEGAL COUNSEL - ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956(d)(2)
Number of Cases: Two
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number 262 - 461 -05, Located
at 8721 Cypress Street
Negotiating Party: City Manager
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number 244 - 092 -30, Located
at 9470 Moody Street
Negotiating Party: City Manager
Under Negotiation: Price and Terms of Payment
May 13, 2013 Page 3
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC
WEST COUNTY CONNECTORS PROJECT
UPDATE BY THE ORANGE COUNTY
TRANSPORTATION AUTHORITY
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
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.
Speakers and members of the audience are asked to please
observe meeting decorum by using courteous and professional
language at all times, refraining from clapping, whistling, etc. in
response to a speaker's comments, and allowing speakers to
provide comments without interruption.
May 13, 2013 Page 4
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 — 12)
1. APPROVAL OF MINUTES.
Meeting of April 22, 2013.
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. RENEWAL OF AGREEMENT FOR PROSECUTION SERVICES
BETWEEN THE CITY AND THE COUNTY OF ORANGE.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council approve the Agreement
for Prosecution Services between the City and the County of Orange
for a five -year period, commencing July 1, 2013 and terminating on
June 30, 2018, and authorize the Mayor to sign the agreement.
4. GENERAL PLAN CONSISTENCY FINDING — DISPOSAL OF
MACKAY SCHOOL AND DISTRICT OFFICE SITES.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council: 1) Determine that the
disposition of the Mackay School and District Office properties by the
Cypress School District is consistent with the City's General Plan; and
2) Authorize the City Attorney to send the letter to legal counsel for
the Cypress School District advising counsel of the determination
made by the City Council.
May 13, 2013 Page 5
5. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR
CERRITOS AVENUE WIDENING, PUBLIC WORKS PROJECT
NO. 81.
Prepared by: Alvin Papa, Senior Civil Engineer
Recommended Action: That the City Council: 1) Award a contract for
Cerritos Avenue Widening, Public Works Project No. 81, in the
amount of $280,879.50, to the lowest responsible bidder, Bannaoun
Engineers Constructors Corp. (Bannaoun); authorize a contingency of
$42,100 (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 $60,040, within the existing agreement for On -Call
Construction Management/Engineering Support /Testing and
Inspection Services, for Cerritos Avenue Widening, Public Works
Project No. 81, to Vali Cooper & Associates, Inc. (VCA); authorize a
contingency of $9,000 (15% of contract amount) to be used for
unforeseen work; and direct the Director of Public Works /City
Engineer to act as Contract Officer.
6. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE
FISCAL YEAR 2012 -13 RESIDENTIAL STREET REHABILITATION,
PUBLIC WORKS PROJECT NO. 95.
Prepared by: Dario Simoes, Associate Engineer
Recommended Action: That the City Council: 1) Award a contract for
the Fiscal Year 2012 -13 Residential Street Rehabilitation, Public
Works Project No. 95, in the amount of $1,247,985, to the lowest
responsible bidder, All American Asphalt, Corona, California;
authorize a contingency of $187,200 (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 $147,920, within the existing
agreement for On -Call Construction Management /Engineering
Support/Testing and Inspection Services, for the Fiscal Year 2012 -13
Residential Street Rehabilitation, Public Works Project No. 95, to Vali
Cooper & Associates, Inc. (VCA); authorize a contingency of $22,200
(15% of contract amount) to be used for unforeseen work; and direct
the Director of Public Works /City Engineer to act as Contract Officer.
May 13, 2013 Page 6
7. ACCEPTANCE OF FIBER OPTIC INSTALLATION AND UPGRADE
TO CCTV SYSTEM ON KATELLA/CERRITOS/WALKER /BALL
(PHASE 2), PUBLIC WORKS PROJECT NO. 2010 -09.
Prepared by: Keith Carter, Associate Engineer /Traffic
Recommended Action: That the City Council: 1) Accept the Fiber
Optic Installation and Upgrade to CCTV System on Katella /Cerritos/
Walker /Ball (Phase 2), Public Works Project No. 2010 -09, as being
satisfactorily completed in conformance with the project
specifications, in the final amount of $428,221.32; and 2) Approve the
final retention payment of $42,822.13 to Pro Tech Engineering,
Corona Del Mar, 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. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK
ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE
VALLEY VIEW AND LINCOLN OVERLAY PROJECT, STATE -
LOCAL PARTNERSHIP PROGRAM (SLPP), PUBLIC WORKS
PROJECT NO. 89.
Prepared by: Nick Manqkalakiri, Associate Engineer
Recommended Action: That the City Council: 1) Award a contract for
the Valley View and Lincoln Overlay Project, SLPP, Public Works
Project No. 89, in the amount of $403,910, to the lowest responsible
bidder, R.J. Noble Company, 15505 E. Lincoln Avenue, Orange,
California; authorize a contingency of $60,600 (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 Services, in the amount of $47,940, within the existing
agreement for On -Call Construction Management /Engineering
Support/Testing and Inspection Services, for the Valley View and
Lincoln Overlay Project, SLPP, Public Works Project No. 89, to Vali
Cooper & Associates, Inc. (VCA); authorize a contingency of $7,200
(15% of contract amount) to be used for unforeseen work; and direct
the Director of Public Works /City Engineer to act as Contract Officer.
May 13, 2013 Page 7
9. 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 Manqkalakiri, 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, Mitigation
Fee Program and Adoption of a Local Synchronization Plan
For the Renewed Measure M (M2) Program for the City of
Cypress.
10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS
NO. 25784 THROUGH 26068.
Prepared by: Richard Storey, Director of Finance and
Administrative Services
Recommended Action: That the City Council approve the attached
warrant registers and wire transfers for Fiscal Year 2012 -13.
Recreation and Park District Matters:
11. APPROVAL OF A THREE -YEAR PYROTECHNIC CONTRACT
SERVICES AGREEMENT FOR THE ANNUAL MULTI - AGENCY
JULY 4TH FIREWORKS SPECTACULAR.
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 for the Cypress Recreation and Park
District, approve a three -year contract services agreement with
Fireworks America in an amount not to exceed $70,500 over the three -
year contract period.
May 13, 2013 Page 8
12. ACCEPTANCE OF DONATION AND APPROPRIATION OF $300
FOR THE PURCHASE OF SUPPLIES FOR THE KIDS CORNER
PRESCHOOL -AGED PROGRAM.
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 for the Cypress Recreation and Park
District: 1) Formally accept the donation in the amount of $300 from BP
America, Inc. Fabric of America Fund; and 2) Increase estimated
revenue in 212 - 99999.3713 (Donations) by $300 and increase
appropriations by $300 to 212 - 90327.4103_004 (Supplies - Special
Activity) for the purchase of classroom supplies and toys for the Kids
Corner preschool -aged program.
END OF CONSENT CALENDAR
NEW BUSINESS (13)
13. CONSIDERATION OF RESTRICTIVE COVENANT AGREEMENTS
FOR USES PERMITTED IN PLANNING AREAS 1, 10, AND 11 FOR
MEASURE "A."
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council consider and take
appropriate action on the Agreements.
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.
May 13, 2013 Page 9
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.
ITEMS FROM CITY COUNCIL MEMBERS
•Reports on Committee Assignments
•Other Items
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Tuesday, May 28,
2013 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
8th day of May, 2013.
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, MAY 10, 2013 WILL ENABLE THE CITY
TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO
THIS MEETING.