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Agenda 2006-03-13 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 13, 2006 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 LYDIA SONDHI MAYOR PRO TEM/AGENCY VICE CHAIR PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER MIKE McGILL 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. March 13, 2006 Page 2 WORKSHOP DISCUSSION REGARDING FACILITY CONDITION SESSION ASSESSMENT, PUBLIC WORKS PROJECT NO. 2004-25 ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel Under Negotiation: Price and Terms of Payment PLEDGE OF ALLEGIANCECAMP FIRE USA: “The Laughing Turtles” Carol Koppenheffer, Leader INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY March 13, 2006 Page 3 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) 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. 2006-02, A REQUEST TO CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5582 KAREN AVENUE WITHIN THE RS-6,000 DI RESIDENTIAL SINGLE-FAMILY DENSITY INCENTIVE ZONE. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, denying Conditional Use Permit No. 2006-02 – with conditions. A Resolution of the City Council of the City of Cypress, Denying Conditional Use Permit No. 2006-02 – With Conditions. March 13, 2006 Page 4 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. CONSENT CALENDAR (2 - 9) 2. APPROVAL OF MINUTES Meetings of January 30 and February 27, 2006. Prepared by: Jill R. Ingram, City Clerk Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes of January 30, 2006, due to his absence from the meeting. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES, PUBLIC WORKS PROJECT NO. 2005-33. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council award a contract for traffic signal maintenance services to Republic Electric, 715 E. Debra Lane, Anaheim, CA 92805, for a three year term, and direct the Director of Public Works/City Engineer to act as a Contract Officer. 5. AWARD OF CONTRACT TO PURCHASE TWO (2) MESSAGE BOARD TRAILERS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council award a contract to purchase two (2) message board trailers from Kustom Signals, 9325 Pflumm, Lenexa, KS 66215, in the amount of $47,101.50. March 13, 2006 Page 5 6. APPROVAL OF CONTRACT CHANGE ORDERS NOS. 1 THROUGH 3 FOR CITY HALL REMODEL, PUBLIC WORKS PROJECT NO. 2003-18. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council approve Contract Change Order Nos. 1 through 3 for City Hall Remodel, Public Works Project No. 2003-18, to Thomco Construction, Anaheim, CA, in the amount of $95,595.52. 7. APPROPRIATION OF FUNDS FOR THE PROCUREMENT AND INSTALLATION OF MOBILE DATA COMPUTERS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the transfer of $200,000 from the General Fund (2200-11) to the Equipment Replacement Fund (1200-90); and 2) Appropriate $232,000 from the Unreserved Fund Balance of the Equipment Replacement Fund to account number 4305-90-656-35 (Police Equipment) for the procurement and installation of the Mobile Data Computers (MDC’s); and 3) Reduce the appropriation in account 4187-161-11-05 by $32,000, and transfer $32,000 from the General Fund (2200-11) to the Equipment Replacement Fund (1200-90). 8. APPROPRIATION OF FUNDS FOR THE REPLACEMENT OF AN EMERGENCY ASSISTANCE JAIL ALARM SYSTEM. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Appropriate $1,854.65 to account number 4305-90-665-35 from the Equipment Replacement Fund balance, for the replacement of the Emergency Assistance Jail Alarm System. 9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 74400 THROUGH 74621. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: Approve the attached warrant March 13, 2006 Page 6 register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS (10 - 12) 10. APPROVAL OF APPLICATION TO PARTICIPATE IN THE ORANGE COUNTY SANITATION DISTRICT COMPOST USE PROGRAM. Prepared by: Gonzalo Vazquez, Contracts/Environmental Affairs Manager Recommended Action: That the City Council approve submittal of an application to the Orange County Sanitation District to participate in the Biosolids Compost Program. 11. ADOPTION OF A RESOLUTION TO REJECT AND DENY WITHOUT PREJUDICE A FCC FORM 394 RELATED TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM TIME WARNER, INC. TO TWE HOLDING I LLC. Prepared by: June S.S. Liu, Administrative Services Manager Recommended Action: That the City Council adopt a Resolution by title only, title as follows, related to the second FCC Form 394 application received by the City of Cypress from Time Warner concerning a transfer of the cable franchise. A Resolution of the City Council of the City of Cypress, California, Rejecting and Denying Without Prejudice a FCC Form 394 Relating to the Transfer of the Cable Television Franchise, and/or Control Thereof, to TWE Holding I LLC. March 13, 2006 Page 7 12. APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE BY AND BETWEEN THE CITY OF CYPRESS AND EVELYN ENCARNACION, OWNER OF HOT SHOT BILLIARD AND HOT SHOT CAFÉ. Prepared by: Jill R. Ingram, City Clerk Recommended Action: That the City Council approve the Settlement Agreement and Release of All Claims by and between the City of Cypress and Evelyn Encarnacion, Owner of Hot Shot Billiard and Hot Shot Café. COUNCIL MEMBER REQUESTS (13) 13. DISCUSSION REGARDING THE CITY OF CYPRESS RECOGNITION PROCEDURE. Requested by: Mayor Pro Tem Luebben Recommended Action: That the City Council discuss the City of Cypress Recognition Procedure, as requested by Mayor Pro Tem Luebben at the February 27, 2006 City Council meeting, and take action as necessary. 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. March 13, 2006 Page 8 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 Special Meeting, to be held on Monday, March 20, 2006, 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 9 day of March, 2006. ________________________________ Jill R. Ingram, 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 10, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.