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.