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Agenda 2015-04-13AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 13, 2015 6:00 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 admin(@.ci.cypress.ca.us Finance — (714) 229 -6700 fin@ci.cypress.ca.us Community Development — (714) 229 -6720 cdd(@.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 crpd@ci.cypress.ca.us City Council Agendas /Minutes are available at www.ci.cypress.ca.us. CALL TO ORDER ROLL CALL 6:00 P.M. Council Chambers MAYOR ROB JOHNSON MAYOR PRO TEM MARIELLEN YARC COUNCILMEMBER STACY BERRY COUNCILMEMBER PAULO MORALES COUNCILMEMBER JON PEAT April 13, 2015 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action on off - Agenda items except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each. 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 LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiators: Peter Grant and Matt Burton Employee Groups: Police Management Association Cypress Police Officers' Association CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Victor Ramos v. City of Cypress, et al. Case No. SACV15 -470 CJC (JCGx) U.S. District Court Central District RECONVENE 7:00 P.M. Council Chambers ROLL CALL MAYOR ROB JOHNSON MAYOR PRO TEM MARIELLEN YARC COUNCILMEMBER STACY BERRY COUNCILMEMBER PAULO MORALES COUNCILMEMBER JON PEAT April 13, 2015 Page 3 PLEDGE OF ALLEGIANCE INVOCATION REVEREND MILO KEN ANDERSON, PASTOR, MOUNT CALVARY LUTHERAN CHURCH The City Council does not endorse the content of the invocation and does not endorse the invocational speaker's particular faith, belief and /or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the City Council's policy on invocations available upon request for public inspection and copying. REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY PRESENTATIONS INTRODUCTION OF MANAGEMENT ANALYST ANNA SANCHEZ PRESENT PROCLAMATION TO DONATE LIFE CALIFORNIA PROCLAIMING THE MONTH OF APRIL 2015 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action 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 13, 2015 Page 4 Council Chamber Decorum: • Use courteous and professional language at all times • Refrain from clapping, whistling, etc. in response to a speaker's comments • Allow speakers to provide comments without interruption • Remove hats upon entering Council Chambers • No food or beverages please 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 — 16) 1. APPROVAL OF MINUTES. Meetings of March 9, March 23, and March 27, 2015. 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 THE WEEK OF APRIL 12 -18, 2015 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of April 12 -18, 2015 as "National Public Safety Dispatcher Week" in the City of Cypress. April 13, 2015 Page 5 4. PROCLAIMING THE MONTH OF APRIL 2015 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the month of April 2015 as "DMV /Donate Life California Month" in the City of Cypress. 5. PROCLAIMING APRIL 11, 2015 AS "ARBOR DAY" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim April 11, 2015 as "Arbor Day" in the City of Cypress. 6. APPOINTMENT OF COUNCIL MEMBER BERRY TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council confirm the Mayor's appointment of Council Member Berry to the Orange County Vector Control District. 7. CONSIDERATION OF AN AMENDMENT TO COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT. Prepared by: Alisha Farnell, Senior Management Analyst Recommended Action: That the City Council adopt the Resolution by title only, title as follows, amending the Waste Disposal Agreement (WDA) between the County of Orange and City of Cypress to allow for the continued importation of waste at the County's three landfills and to extend the terms of the WDA through June 30, 2025. A Resolution of the City Council of the City of Cypress Approving an Amendment to the 2009 Waste Disposal Agreement with the County of Orange. 8. REQUEST FOR A ONE YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE. Prepared by: Doug Hawkins, City Planner Recommended Action: That the City Council approve the one year extensions of Conditional Use Permit No. 2007 -13 and Design Review Committee Permit No. 2007 -07 (until April 28, 2016), subject to the original conditions of approval for the project. April 13, 2015 Page 6 9. AWARD OF CONTRACTS AND AUTHORIZATION OF A BUDGET ADJUSTMENT FOR THE ANNUAL STREET OVERLAY, PROJECT 130. Prepared by: Kamran Dadbeh, City Engineer Recommended Action: That the City Council: 1) Authorize an increase in Estimated Revenues by $70,700 in Account No. 232 - 99999.3525 (Gas Tax 2106 — Other Grants) for the receipt of Rubberized Pavement Grant Program funds from the Department of Resources Recycling and Recovery (CalRecycle); and 2) Authorize an increase in Estimated Revenues by $34,500 in the Gas Tax 2106 Fund (Account No. 232 - 99999.3711 — Expenditure Reimbursement); and 3) Authorize an appropriation increase in the amount of $105,200 in the Gas Tax 2106 Fund (Account No. 232 - 80100 - 8012.4186), for construction of the Annual Street Overlay, Project 130; and 4) Award a contract for the Annual Street Overlay, Project 130, in the amount of $1,178,564.50, to the lowest responsible bidder, R.J. Noble Company, Orange, California; authorize a contingency of $176,800 (15% of bid amount); and direct the Director of Community Development to issue any necessary change orders to complete additional work within budgetary authority; and 5) Approve a Task Order for Construction Management and Inspection Services, in the amount of $55,529, within the existing agreement for On -Call Construction Management /Inspection /Engineering Services, for the Annual Street Overlay, Project 130, to Vali Cooper and Associates, Inc. (VCA); authorize a contingency of $8,330 (15% of contract amount) to be used for unforeseen work; and direct the Director of Community Development to act as Contract Officer; and 6) Approve an agreement with the City of Buena Park for sharing the cost of the asphalt overlay improvements on Ball Road, and authorize the Mayor to execute the agreement. 10. APPROVAL OF PLANS AND SPECIFICATIONS FOR A WATER QUALITY IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, PROJECT 115. Prepared by: Kamran Dadbeh, City Engineer Recommended Action: That the City Council approve the plans and specifications for a Water Quality Improvement Project at Various Locations, Project 115. 11. AUTHORIZATION OF A BUDGET ADJUSTMENT FOR PUBLIC WORKS PERMIT INSPECTION SERVICES. Prepared by: Kamran Dadbeh, City Engineer Recommended Action: That the City Council authorize a budget adjustment in the amount of $20,000 for Public Works Permit Inspection Services. April 13, 2015 Page 7 12. APPROVAL OF PLANS AND SPECIFICATIONS AND BUDGET ADJUSTMENT FOR A WATER QUALITY IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, PROJECT 158. Prepared by: Kamran Dadbeh, City Engineer Recommended Action: That the City Council: 1) Approve Plans and Specifications for Water Quality Improvement Project at Various Locations, Project 158; and 2) Approve an amendment to the City's Measure M2 7 -Year Capital Improvement Program, Fiscal Years 2014 -15 through 2020 -21, for inclusion of the Environmental Cleanup Program (ECP), Tier I Grant Project 158; and 3) Authorize an appropriation increase in the CIP Fund in the amount of $163,650 (Account No. 415- 80300 - 8032_4186), for the construction, inspection, and contingency of Environmental Cleanup Program Tier I Grant Project 158; and 4) Authorize an increase in estimated revenues by $163,650 in Account No. 415 - 99999.3525 (Other Grants) for the award of Measure M2 Environmental Cleanup Program funds from OCTA. 13. ACCEPTANCE OF THE SEWER REHABILITATION PROJECT ON BELMONT STREET, PROJECT 132. Prepared by: Kamran Dadbeh, City Engineer Recommended Action: That the City Council; 1) Accept the Sewer Rehabilitation on Belmont Street, Project 132, as being satisfactorily completed in conformance with the project specifications, in the final amount of $46,336; and 2) Approve the final retention payment of $2,316.80 to Ramona, Inc., Arcadia, 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 Community Development. 14. APPROVAL OF MANAGEMENT PARTNERS STRATEGIC PLANNING AGREEMENT. Prepared by: Rod Cox, Interim Police Chief Recommended Action: That the City Council: 1) Approve an agreement with Management Partners to assist in the development of a strategic plan for the Police Department; and 2) Increase the Police Department's Professional Services — Other (Account No. 111 - 50161.4189_100) by $19,900. April 13, 2015 Page 8 15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY 2015 Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of February 2015. 16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2014 -15 FOR WARRANTS NO. 33608 THROUGH 34068. Prepared by: Matt Burton, Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2014 -15. END OF CONSENT CALENDAR NEW BUSINESS (17 - 19) 17. AMENDMENT TO 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM AGREEMENT. Prepared by: Rod Cox, Interim Chief of Police Recommended Action: That the City Council: 1) Approve and execute the Amendment to Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS); and 2) Authorize the Mayor and the City Clerk to execute the Amendment to Joint Agreement. 18. CONSIDERATION OF OPPOSITION TO AB 1217 REGARDING THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD OF DIRECTORS. Prepared by: Alisha Farnell, Senior Management Analyst Recommended Action: That the City Council oppose AB 1217 dealing with the Orange County Fire Authority (OCFA) Board of Directors and authorize the Mayor to communicate opposition to AB 1217 as the City's representative to the OCFA Board and as otherwise appropriate. April 13, 2015 Page 9 19. CONSIDERATION OF ADOPTION OF THE CITY OF CYPRESS STRATEGIC PLAN. Prepared by: Alisha Farnell, Senior Management Analyst Recommended Action: That the City Council adopt the City of Cypress Strategic Plan, including three -year goals and six -month strategic objectives. 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. Although individual Council Members may provide brief responses to the oral communications, the City Council may not discuss or take action on off - Agenda items except as 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 April 13, 2015 Page 10 ADJOURNMENT The next meeting will be an adjourned Regular Meeting, to be held on Monday, April 27, 2015 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 9th day of April, 2015. tLL 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 10, 2015 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.