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Agenda 2005-04-11 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 11, 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. 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. April 11, 2005 Page 2 WORKSHOP REVIEW OF PROPOSED 2005-2012 SESSION CAPITAL IMPROVEMENT PROGRAM BUDGET ***Recess the meeting to Closed Session. CLOSED SESSIONCYPRESS 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 CITY OF CYPRESS ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Illingworth, et al. v. City of Cypress, et al. Case Number 02CC04339 Orange County Superior Court PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE April 11, 2005 Page 3 INVOCATION PRESENTATIONS 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. PUBLIC HEARINGS (1 – 4) 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. 2005-03 AND TENTATIVE PARCEL MAP NO. 2005-124, A REQUEST TO CREATE A SINGLE-LOT SUBDIVISION, AND TO CONSTRUCT TWO (2) CONDOMINIUM UNITS LOCATED AT 8721 MOODY STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE- FAMILY ZONE. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, and waive further reading, approving Conditional Use Permit No. 2005-03 – with conditions, and approving Tentative Parcel Map No. 2005-124 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-03 – With Conditions. April 11, 2005 Page 4 A Resolution of the City Council of the City of Cypress, Approving Tentative Parcel Map No. 2005-124 – With Conditions. 2. PUBLIC HEARING REGARDING VARIANCE NO. 2005-02, A REQUEST TO ALLOW A THREE-FOOT (3’) SIDE YARD SETBACK FOR A ONE-STORY RESIDENTIAL ROOM ADDITION, LOCATED AT 5622 VONNIE LANE WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, granting a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2.3 to allow a three-foot (3’) side yard setback for a one-story residential room addition – with conditions. A Resolution of the City Council of the City of Cypress, Granting a Variance from the Terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2.3 to Allow a Three-Foot (3’) Side Yard Setback for a One-Story Residential Room Addition – With Conditions. 3. PUBLIC HEARING REGARDING AMENDMENT NO. 2 OF CONDITIONAL USE PERMIT NO. 99-1, A REQUEST TO MODIFY THE DESIGN AND MILESTONE DEADLINES FOR THE PHASE 2 AUTOMOTIVE REPAIR BUILDING LOCATED AT 5640 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving amendment to Conditional Use Permit No. 99-1 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Amendment No. 2 to Conditional Use Permit No. 99-1 – With Conditions. 4. PUBLIC HEARING REGARDING THE PROPOSED 2005- 2012 CAPITAL IMPROVEMENT PROGRAM. Recommended Action: That the City Council conduct a Public Hearing to solicit comments on the City’s proposed 2005-2012 Capital Improvement Program. April 11, 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 (5 - 16) 5. APPROVAL OF MINUTES Meetings of March 21, March 22, and March 28, 2005. Recommended Action: Approve as submitted. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. PROCLAIMING THE MONTH OF APRIL, 2005, AS “FINANCIAL LITERACY MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2005, as “Financial Literacy Month” in the City of Cypress. 8. PROCLAIMING THE WEEK OF APRIL 10-16, 2005, AS “NATIONAL CRIME VICTIMS’ RIGHTS 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 Crime Victims’ Rights Week” in the City of Cypress. 9. PROCLAIMING THE WEEK OF MAY 15-21, 2005, AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of May 15-21, 2005, as “National Police Week” in the City of Cypress. April 11, 2005 Page 6 10. APPROPRIATION FOR PURCHASE OF ONE MAINTENANCE VEHICLE REPLACEMENT. Recommended Action: That City Council appropriate $18,000 to Account No. 4367-90-659-39 from the Equipment Replacement Fund for the replacement of one maintenance vehicle. 11. AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INTERSECTION IMPROVEMENTS AT VALLEY VIEW STREET AND BALL ROAD, PUBLIC WORKS PROJECT NO. 2005-03, AND VALLEY VIEW STREET AND CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 2005-04. Recommended Action: That the City Council: 1) Award a professional consulting services contract for professional engineering design services for intersection improvements at Valley View Street and Ball Road, Public Works Project No. 2005-03, and Valley View Street and Cerritos Avenue, Public Works Project No. 2005-04, to Kimley-Horn and Associates, Inc., 2100 W. Orangewood Avenue, Suite 140, Orange, CA 92868, in the amount of $80,939; and 2) Authorize a contingency of $12,141 (15% of Contract Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority. 12. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR REPLACEMENT OF SENIOR CENTER CARPET, PUBLIC WORKS PROJECT NO. 2005-06. Recommended Action: That the City Council approve the plans and design specifications for the Replacement of Senior Center Carpet, Public Works Project No. 2005-06, and authorize staff to solicit bids for the project. April 11, 2005 Page 7 13. ACCEPTANCE OF DESIGN/BUILD FOR REPLACEMENT OF AUDIO/VIDEO SYSTEMS FOR CYPRESS COUNCIL CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18AV. Recommended Action: That the City Council: 1) Accept the project for Design/Build for Audio/Video Systems for Cypress Council Chamber, Public Works Project No. 2001-18AV, as being satisfactorily completed in conformance with the project specifications, in the amount of $303,389.02; and 2) Approve the final retention payment of $30,396.19 to CCS Presentation Systems, 5055 Wilshire Blvd., #315, Los Angeles, CA 90036, 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. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPTANCE OF PROJECT FOR CYPRESS ACRES STREET AND STORM DRAIN IMPROVEMENTS, PHASE 4, MERTEN AVENUE AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2003-09. Recommended Action: That the City Council: 1) Approve Contract Change Order No. 2 to Sequel Contractors, Inc., 13546 Imperial Highway, Santa Fe Springs, CA 90670, in the amount of $77,582.58; and 2) Accept the project for Cypress Acres Storm Drain Improvements, Phase 4, Merten Avenue and La Salle Street, Public Works Project No. 2003-09, as being satisfactorily completed in conformance with the project specifications, in the amount of $502,395.57; and 3) Approve the final retention payment of $50,239.54 to Sequel Contractors, Inc., 13546 Imperial Highway, Santa Fe Springs, CA 90670, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 4) 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. April 11, 2005 Page 8 15. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69433 THROUGH 69644. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 16. ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1,700 AND THE APPROPRIATION OF $1,700 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. 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 donations in total of $1,700 from: PacifiCare, Tenet/Los Alamitos Medical Center, Blue Cross of California, CareMore Insurance Services, Health Care Partners, Anaheim General Hospital, Memorial Health Services, and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,700; and 2) Appropriate $1,700 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account #4104-12-317-10 for the purchase of supplies for the Volunteer Recognition Celebration on April 16, 2005. The donated funds will be used for decorations, entertainment and giveaways for the 187 volunteers. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS April 11, 2005 Page 9 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. 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 25, 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 7 day of April, 2005. ________________________________ April 11, 2005 Page 10 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, APRIL 8, 2005, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.