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.