City of Cypress

5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6700

AGENDA
CITY OF CYPRESS CITY COUNCIL REGULARMEETING
MONDAY, MAY 13, 2013

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.

Public Hearings at 7:00 P.M.
Council Chambers
5275 Orange Avenue
Cypress, California

CALL TO ORDER                       

4:30 P.M.
Executive Board Room

ROLL CALL

MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

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

RECONVENE                              

7:00 P.M.
Council Chambers

ROLL CALL                                 

MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC

PLEDGE OF ALLEGIANCE              

INVOCATION

PRESENTATIONS                            

WEST COUNTY CONNECTORS PROJECT UPDATE BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY

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 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.

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.

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.

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 Mangkalakiri, 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.

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 Mangkalakiri, 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.

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.

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.