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/AGENCY
CHAIR DOUG BAILEY
MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE
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.
Recess the meeting to Closed Session.
CLOSED SESSION
CITY OF CYPRESS ITEMS:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Quinonez v. City of Cypress
Case Number 30-2009-00122421
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Blythe v. North Orange County Community College District, et al.
Case Number 00103466
Orange County Superior Court
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers
134-011-43 & 45, Located at 6122 Lincoln Avenue
Negotiating Party:Executive Director, Deputy Executive Director, Redevelopment/Economic Development Manager, and Redevelopment Project Manager
Under Negotiation: Price and Terms of Payment
RECONVENE7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
PRESENTATION OF PROCLAMATION TO THE ORANGE COUNTY FIRE AUTHORITY PROCLAIMING THE WEEK OF OCTOBER 3-10, 2009 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS
UPDATE BY CYPRESS SCHOOL DISTRICT ON PLANS FOR SCHOOL CLOSURE PROCESS, MODERNIZATION OF SCHOOLS, AND ASSET MANAGEMENT
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 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-16, A REQUEST TO INSTALL THREE (3) NEW PANEL ANTENNAS AND REPLACE SIX (6) EXISTING PANEL ANTENNAS ON AN EXISTING FIFTY-FOOT (50’) HIGH MONOPINE STRUCTURE LOCATED AT 6024 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by:Judy Aquino, Assistant Planner
Recommended Action:That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 2000-16, subject to the conditions in Exhibit “A” of the Resolution.
A Resolution of the City Council of the City of Cypress,
Approving Amendment to Conditional Use Permit
No. 2000-16 – With Conditions.
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 September 14, 2009.
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. PROCLAIMING THE WEEK OF OCTOBER 3-10, 2009 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS.
Prepared by:Denise Basham, City Clerk
Recommended Action:That the Mayor and City Council officially proclaim the week of October 3-10, 2009 as “Fire Prevention Week” in the City of Cypress.
5. AWARD OF CONSTRUCTION CONTRACT AND TASK ORDER FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND TESTING SERVICES FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2008-10.
Prepared by:Jim Gorin, Associate Engineer
Recommended Action:That the City Council: 1) Award a contract for Sewer Rehabilitation at Various Locations, Public Works Project No. 2008-10, in the amount of $455,633, to the lowest responsible and most qualified bidder, Kana Pipeline, Inc., Placentia, California; and 2) Authorize the Director of Public Works/City Engineer to negotiate a Supplemental Agreement, per the Standard Specifications for Public Works Construction, for adding additional work to the project, in an amount not to exceed $250,000; and 3) Authorize a contingency of $105,800 (15% of Bid Amount plus the Supplemental Agreement), and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 4) Approve a Task Order for Construction Management, Inspection, and Testing Services, in the amount of $67,664, within the agreement for On-Call Construction Management/Inspection/Engineering Services, for Sewer Rehabilitation at Various Locations, Public Works Project No. 2008-10, to Jacobs Field Services North America, Inc. (Jacobs); and authorize a contingency of $10,200 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer.
6. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT DEPARTMENT’S 2009/10 TARGETED RUBBERIZED ASPHALT CONCRETE INCENTIVE GRANT PROGRAM.
Prepared by:Nick Mangkalakiri, Assistant Engineer
Recommended Action:That the City Council: 1) Accept grant funds in the amount of $78,120 from the California Integrated Waste Management Board’s 2009/10 Targeted Rubberized Asphalt Concrete Incentive Grant Program; and 2) Increase estimated grant revenues by $78,120 in the Special Gas Tax 2106 Fund (Account No. 232-99999.3525); and 3) Approve appropriation of $78,120 to Account No. 232-80100-8012.4186 for Arterial Street Resurfacing.
7. AWARD OF CONSTRUCTION CONTRACT, AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES, AND APPROVAL OF A JOINT AGREEMENT WITH THE CITY OF BUENA PARK FOR THE 2009/10 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2009-07.
Prepared by:Nick Mangkalakiri, Assistant Engineer
Recommended Action:That the City Council: 1) Award a contract for the 2009/10 Overlay Project, Public Works Project No. 2009-07, in the amount of $543,091.31, to the lowest responsible bidder Ortiz Asphalt Paving, Inc., Colton, California; authorize a contingency of $81,464 (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 $60,545, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2009/10 Overlay Project (Project No. 2009-07), to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $9,082 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Approve an agreement with the City of Buena Park for sharing the cost of asphalt overlay improvements on Lincoln Avenue and authorize the Mayor to execute the agreement.
8. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2008-09.
Prepared by:Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action:That the City Council approve additional appropriations for Fiscal Year 2008-09 as follows:
Additional Appropriation from the unreserved, undesignated fund balance of the General Fund to:
Account 4179-11-105-01 (Legal Services) $ 90,000
Account 4226-11-152-04 (Property Tax Collection) $30,000
Account 4001-11-163-05 (Regular Salaries) $200,000
Account 4003-11-163-05 (Overtime-Police) $110,000
Account 4021-11-165-05 (Temporary Salaries-Police) $65,000
Account 4001-11-193-06 (Regular Salaries) $12,000
Account 4006-11-193-06 (Fringe Applied) $10,000
Account 4189-11-243-06 (Inspection Services) $10,000
Account 4183-11-247-06 (Plan Checking Contract) $10,500
Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to:
Account 4200-25-223-07 (Electricity) $120,000
Additional Appropriation from the fund balance of the Storm Drain Maintenance Fund to:
Account 4001-43-281-08 (Regular Salaries) $58,000
Account 4006-43-281-08 (Fringe Applied) $38,000
Account 4021-43-281-08 (Temporary Salaries) $21,000
Additional Appropriations from the fund balance of the Business Park Assessment District Debt Service Fund to:
Account 4189-56-369-15 (Professional Services) $500
9. APPROVAL OF FISCAL YEAR 2008-09 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2009-10.
Prepared by:Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action:That the City Council:
1.Authorize the appropriation of funds in Fiscal Year 2009-10 for the carryover items as detailed in Attachment A and summarized as follows:
11 General Fund $412,101
15 Capital Projects Fund $1,919,646
22 Gas Tax 2106 Fund $17,014
24 Traffic Mitigation Assessment Fund $546,642
26 Plan Local Drainage Facility Fund $4,496,830
27 Corporate Center Maintenance District $5,241
39 Measure M Gas Tax Fund $350,946
41 Sewer Fund $1,454,659
89 Print Shop/Information Systems Fund $94,587
90 Capital Replacement Fund $ 129,245
TOTAL $9,426,911
2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2009-10 as listed below:
FROM TO AMOUNT
11 General Fund 90 Capital Replacement $13,500
11 General Fund 26 Plan Local Drain Fac. $3,200,000
24 Traffic Mitigation Assmnt 39 Measure M Gas Tax $278,381
12 Park District General Fund 15 Capital Projects $20,032
43 Storm Drainage Fund 26 Plan Local Drain Fac. $1,514,956
39 Measure M Gas Tax 15 Capital Projects $78,517
TOTAL $5,105,386
3.
Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2009-10:
11 General Fund (3525-11) $129,762
15 Capital Projects Fund (3525-15) $800,000
22 Gas Tax 2106 Fund (3525-22) $400,000
24 Traffic Mitigation Assessment Fund (3525-24) $255,000
39 Measure M Gas Tax Fund (3525-39) $ 244,585
TOTAL $1,829,347
4.Authorize the appropriation of funds in Fiscal Year 2009-10 for items encumbered at June 30, 2009 as detailed in Attachment B and summarized below:
11 General Fund $10,555
15 Capital Projects Fund $1,914,649
22 Gas Tax 2106 Fund $237,603
24 Traffic Mitigation Fund $446,259
26 Plan Local Drain Facility Fund $2,102,537
39 Measure M Gas Tax Fund $187,179
41 Sewer Fund $843,624
43 Storm Drainage Fund $4,046
90 Capital Replacement Fund $ 202,989
TOTAL $5,949,441
10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2009.
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 August, 2009.
11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS
NO. 10422 THROUGH 10586.
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 2009-10.
Recreation and Park District Matters:
12. APPROVAL OF FISCAL YEAR 2008-09 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2009-10.
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:
1.Authorize the appropriation of funds in Fiscal Year 2009-10 for items encumbered at June 30, 2009 as detailed in Attachment A and summarized below:
12 General Fund $ 22,088
2.Authorize the appropriation of funds in Fiscal Year 2009-10 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows:
12 General Fund $ 28,632
3.Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2009-10 as listed below:
FROM TO AMOUNT
12 General Fund 15 City CIP Fund $20,032
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.
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 (13)
13. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2008-09.
Prepared by:Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action:That the Cypress Redevelopment Agency Board approve additional appropriations for Fiscal Year 2008-09 as follows:
Additional Appropriation from the fund balance of the Civic Center Debt Service Fund to:
Account 4226-52-363-15 (Property Tax Collection) $6,000
Additional Appropriation from the fund balance of the Lincoln Avenue Debt Service Fund to:
Account 4275-53-364-15 (Interest) $64,000
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 Regular Meeting, to be held on Monday, October 12, 2009, 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 23rd day of September, 2009.
________________________________
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, SEPTEMBER 25, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.