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Agenda 2005-03-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 2005 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR MIKE McGILL MAYOR PRO TEM/AGENCY VICE CHAIR LYDIA SONDHI COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER FRANK McCOY 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. 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. City Council Agendas/Minutes are available at www.ci.cypress.ca.us. March 28, 2005 Page 2 CLOSED SESSIONCITY OF CYPRESS ITEMS: LIABILITY CLAIMS (Pursuant to Government Code Section 54956.95) Claimant: Hector Vargas Agency claimed against: City of Cypress CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) City of Huntington Beach v. Huntington Beach Police Officers Association, et al. Case Number SACV 01-1125 JVS (ANx) United States District Court, Central District of California PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel Under negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE March 28, 2005 Page 3 INVOCATION PRESENTATIONS Present Certificate of Special Recognition to Earleen Chandler, Recreation & Community Services Director, Upon Her Retirement from the City Present Proclamation to Don & Joan Malm on Behalf of the 2005 Donate Life Run/Walk Committee, Proclaiming the Month of April, 2005, as “National Donate Life Month” in the City of Cypress Present Proclamation to the West Cities Police Communications Center, Proclaiming the Week of April 10-16, 2005, as “National Public Safety Dispatcher Week” in the City of Cypress 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 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. March 28, 2005 Page 4 PUBLIC HEARINGS (1 – 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-01, A REQUEST TO CONSTRUCT A DETACHED ACCESSORY GARAGE/GAME HOUSE/GUEST DWELLING ON THE PROPERTY LOCATED AT 8542 ACACIA DRIVE IN THE RS-15,000 RESIDENTIAL SINGLE- FAMILY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Conditional Use Permit No. 2005-01 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-01 – With Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-02, A REQUEST TO ALLOW AN OUTDOOR SEATING AREA FOR THE IT’S A GRIND COFFEE HOUSE LOCATED AT 4105 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Conditional Use Permit No. 2005-02 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-02 – With Conditions. March 28, 2005 Page 5 CONSENT CALENDAR NOTICE All matters listed on the Consent Calendars (Council and Redevelopment Agency) are to be approved with one motion unless a member of the Council/Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR (3 - 16) 3. APPROVAL OF MINUTES Meeting of March 14, 2005. Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE MONTH OF APRIL, 2005, AS “NATIONAL DONATE LIFE MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2005, as “National Donate Life Month” in the City of Cypress. 6. PROCLAIMING APRIL 9, 2005, AS “ARBOR DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 9, 2005, as “Arbor Day” in the City of Cypress. 7. PROCLAIMING APRIL 10, 2005, AS “NATIONAL MULTIPLE SCLEROSIS SOCIETY’S 2005 MS WALK DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 10, 2005, as “National Multiple March 28, 2005 Page 6 Sclerosis Society’s 2005 MS Walk Day” in the City of Cypress. 8. PROCLAIMING THE WEEK OF APRIL 10-16, 2005, AS “NATIONAL PUBLIC SAFETY DISPATCHER WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of April 10-16, 2005, as “National Public Safety Dispatcher Week” in the City of Cypress. 9. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-15, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE ATHENIAN PLAZA LOCATED AT 5371 LINCOLN AVENUE IN THE CM COMMERCIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2004-15 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-15 – With Conditions. 10. AWARD OF CONTRACT FOR VETERANS PARK PARKING LOT IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2003-43. Recommended Action: That the City Council: 1) Award a contract for Public Works Project No. 2003-43, Veterans Park Parking Lot Improvements, in the amount of $36,231.20, to the lowest responsible bidder, Mission Paving and Sealing, Inc., South El Monte, CA; and 2) Authorize a contingency of $3,623 (10% 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. March 28, 2005 Page 7 11. AWARD OF PURCHASE ORDER FOR INSTALLATION AND UPGRADE OF TELECOMMUNICATION AND VOICE MAIL SYSTEMS AND APPROVAL OF APPROPRIATION FROM THE REPLACEMENT FUND FOR COSTS AND CONTINGENCY FOR THE PROJECT. Recommended Action: That the City Council: 1) Award a Purchase Order to Global CTI Group, Inc., for installation of telecommunication and voice mail system upgrades at a total contract price of $28,188.89; and 2) Approve an appropriation from the Replacement Fund (92), in the amount of $14,229.89 to Account No. 4302-90-656-35, to cover the costs for the upgrades of the existing PBX and voice mail systems; and 3) Approve an appropriation from the Replacement Fund (92) in the amount of $13,959 to Account No. 4310-83-650-35, to cover the costs for the Senior Center phone system migration and upgrade; and 4) Approve $2,500 in contingency from the Replacement Fund (92) for the project due to unknown wiring conditions or related telecom issues. If the contingency monies are not utilized, the funds will be returned to the Replacement Fund (92). 12. AWARD OF CONTRACT TO REPLACE ONE (1) POLICE VEHICLE. Recommended Action: That the City Council: 1) Appropriate $30,000 to Account No. 4377-90-659-39 from the Equipment Replacement Fund, for the purchase of one (1) marked police vehicle and replacement equipment; and 2) Approve the transfer of $30,000 from the City’s General Liability Fund (2200-96) to the City’s Equipment Replacement Fund (1200-90) for the purchase of one (1) marked police vehicle and replacement equipment; and 3) Award a contract to purchase one (1) 2005 Crown Victoria Police Interceptor from Wondries Fleet Division, 1247 W. Main Street, Alhambra, CA 91803, in the amount of $24,784.92. March 28, 2005 Page 8 13. ACCEPTANCE OF REMODEL OF CYPRESS COUNCIL CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18. Recommended Action: That the City Council: 1) Accept the project for Remodel of Cypress Council Chamber, Public Works Project No. 2001-18, as being satisfactorily completed in conformance with the project specifications, in the amount of $646,958.27; and 2) Approve the final retention payment of $64,695.83 to DLS Builders, 1975 N. Batavia, Orange, CA 92865, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 14. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF MAINTENANCE SPECIALIST – STORM AND SANITARY SEWERS. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the class specification for the regular full-time position of Maintenance Specialist – Storm and Sanitary Sewers, amending the City’s classification plan. 15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2005. Recommended Action: That the City Council receive and file the Investment Report for the month of February, 2005. 16. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69245 THROUGH 69432. Recommended Action: Approve the attached warrant register. March 28, 2005 Page 9 Recreation & Park District Matters: No items. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. 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. No items. 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. March 28, 2005 Page 10 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, April 11, 2005, 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 th 24 day of March, 2005. ________________________________ Jill R. Guertin, 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, MARCH 25, 2005, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.