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Agenda 2006-04-10 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 10, 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. April 10, 2006 Page 2 WORKSHOP DISCUSSION REGARDING SCHEMATIC DESIGN/ SESSION CONTRACT AMENDMENT FOR THE PROPOSED MODERNIZATION AND EXPANSION OF THE CYPRESS COMMUNITY CENTER ***Recess the meeting. RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCECYPRESS BOY SCOUT TROOP #660 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. April 10, 2006 Page 3 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. 2006-03 AND TENTATIVE TRACT MAP NO. 16954, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8582 WALKER STREET WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2006-03 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-03 – with conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-04, A REQUEST TO APPROVE AN OFF-SALE GENERAL ALCOHOL AND ON-SALE BEER AND WINE LICENSE FOR A PROPOSED BEVERAGES & MORE RETAIL FOOD AND LIQUOR STORE LOCATED AT 6820 KATELLA AVENUE WITHIN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2006-04 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-04 – With Conditions. April 10, 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 (3 - 13) 3. APPROVAL OF MINUTES Meeting of March 27, 2006. Prepared by: Jill R. Ingram, City Clerk Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes of March 27, 2006, due to his absence from the meeting. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. APPROVAL OF FISCAL YEAR 2004 STATE HOMELAND SECURITY GRANT PROGRAM AGREEMENT TO TRANSFER PROPERTY OR FUNDS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the transfer of property, equipment or funds provided by the State Homeland Security Grant program; and 2) Authorize the Mayor to execute the two (2) attached documents titled “Agreement to Transfer Property or Funds for FY04 State Homeland Security Grant Purposes.” 6. RETENTION OF PROFESSIONAL CONSULTING SERVICES FOR A STORM DRAIN MASTER PLAN, PUBLIC WORKS PROJECT NO. 2006-07. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Award a professional consulting services contract for preparation of a Master Plan of Drainage to AKM Consulting Engineers, in the amount of $160,000; and 2) Authorize a contingency of $16,000 (10% of Contract Amount) and April 10, 2006 Page 5 direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority; and 3) Appropriate $16,000 from the unrestricted fund balance of the Storm Drainage Fund to Account No. 4189-43-281-08. 7. AWARD OF CONTRACT FOR SEWER MODIFICATIONS AT FLORENCE STREET FROM FERNE AVENUE TO CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 2004-07. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Award a contract for Public Works Project No. 2004-07, Sewer Modifications at Florence Street from Ferne Avenue to Cerritos Avenue, in the amount of $212,875, to the lowest responsible bidder, Dominguez General Engineering Contractor, Rosemead, California; and 2) Authorize a contingency of $21,288 (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. 8. AWARD OF CONTRACT FOR REPLACEMENT OF FOUR PUBLIC WORKS MAINTENANCE VEHICLES. Prepared by: Bobby Blackburn, Acting Public Works Superintendent Recommended Action: That the City Council award a contract to purchase three (3) 2006 Chevrolet Express Cargo Vans, and one (1) Ford Extended Cab Ranger pick-up truck from Wondries Fleet Division, 1247 W. Main Street, Alhambra, California 91803, in the amount of $79,227.78. 9. AWARD OF CONTRACT TO PURCHASE A COMPLETE IN-CAR MOBILE AUDIO VIDEO SYSTEM FOR THE POLICE DEPARTMENT PATROL FLEET. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Award a contract to L-3 Communications, Mobile Vision Division, 90 Fanny Road, Booton, NJ 07005, in the amount of $175,000 for the purchase of a complete, In-Car Mobile Audio Video (MAV) system to include seventeen (17) In-Car systems, the back-end storage server and data solution, the wireless infrastructure, installation of all equipment, training, and a five (5) year extended maintenance contract. April 10, 2006 Page 6 10. ACCEPTANCE OF BLOOMFIELD STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2005-01. Prepared by: Mary Lazzara, Assistant Engineer Recommended Action: That the City Council: 1) Accept the Bloomfield Street Rehabilitation, Public Works Project No. 2005-01, as being satisfactorily completed in conformance with the project specifications, in the amount of $384,133.58; and 2) Approve the final retention payment of $38,414 to All American Asphalt, P.O. Box 2229, Corona, California 92878, 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. 11. APPROVAL OF PLANS AND SPECIFICATIONS FOR REPLACEMENT OF BASKETBALL COURT AT PINEWOOD PARK, CONSTRUCTION OF PICNIC SHELTER SLAB AT PEPPERTREE PARK, AND CONSTRUCTION OF ACCESS RAMPS AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NOS. 2005-07, 2003-35, AND 2004-23. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council approve plans and specifications for Replacement of Basketball Court at Pinewood Park, Construction of Picnic Shelter Slab at Peppertree Park, and Construction of Access Ramps at Various Locations, Public Works Project Nos. 2005-07, 2003-35, and 2004-23. 12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 74822 THROUGH 75066. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. April 10, 2006 Page 7 : Recreation & Park District Matters 13. ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1,650 AND THE APPROPRIATION OF $1,650 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Prepared by: Laura Detweiler, Director of Recreation & Community Services 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 the donations in the amount of $1,650 from Best Choice Realty Inc./Harborside Financing, Secure Horizons, Summerville Senior Living, Tenet/Los Alamitos Medical Center, Home Instead Senior Care, Memorial Health Services and Williams & Williams Homecare, Inc. and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,650; and 2) Appropriate $1,650 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 22, 2006. Supplies include decorations, entertainment and giveaways for approximately 180 volunteers. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) (14 – 15) 14. SECOND READING OF SPECIFIC PLAN AMENDMENT NO. 2006- 01, AN ORDINANCE ADOPTING AN AMENDMENT TO SECTION VI.A OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN, ADDING CLARIFYING LANGUAGE REGARDING PROHIBITED LAND USES WITHIN THE PLAN (ELIMINATE “OMISSION ZONING”). Prepared by: Ted Commerdinger, Assistant Community Development Director Recommended Action: That the City Council approve the second reading of the Ordinance by title only, title as follows, adopting an amendment to Section VI.A of the Cypress Business and April 10, 2006 Page 8 Professional Center Specific Plan, adding clarifying language regarding land uses. An Ordinance of the City Council of the City of Cypress, California, Adopting an Amendment to Section VI.A of the Cypress Business and Professional Center Specific Plan, Adding Clarifying Language Regarding Land Uses. 15. SECOND READING OF ZONING CODE AMENDMENT NO. 2006- 01, ADDING A NEW SECTION 17-51 AND RENUMBERING EXISTING SECTIONS 17-51 THROUGH 17-53 TO SECTIONS 17-52 THROUGH 17-54 AND DELETING EXISTING SECTION 17-54 OF THE CYPRESS CITY CODE, AMENDING TABLE 2-6 OF SECTION 6, ARTICLE 2 AND ADDING A NEW SECTION 3.17.215 TO THE CYPRESS ZONING CODE (SMOKING LOUNGES). Prepared by: Ted Commerdinger, Assistant Community Development Director Recommended Action: That the City Council approve the second reading of the Ordinance by title only, title as follows, adding a new Section 17-51 and renumbering existing Sections 17-51 through 17-53 to Sections 17-52 through 17-54 and deleting existing Section 17-54 of the Cypress City Code, amending Table 2-6 of Section 6, Article 2 and adding a new Section 3.17.215 to the Cypress Zoning Code relating to smoking lounges. An Ordinance of the City Council of the City of Cypress, California, Adding a New Section 17-51 and Renumbering Existing Sections 17-51 through 17-53 to Sections 17-52 Through 17-54 and Deleting Existing Section 17-54 of the Cypress City Code, Amending Table 2-6 of Section 6, Article 2 and Adding a New Section 3.17.215 to the Cypress Zoning Code Relating to Smoking Lounges. UNFINISHED BUSINESS No items. April 10, 2006 Page 9 NEW BUSINESS (16 - 17) 16. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR’S DETERMINATION TO DISALLOW A CHILDREN’S INDOOR RECREATION/ENTERTAINMENT USE AT 10711 WALKER STREET WITHIN THE PBP PLANNED BUSINESS PARK ZONE. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, sustaining the determination of the Director of Community Development that a proposed children’s recreation land use is inconsistent with the intent of the PBP Planned Business Park Zone, Mixed Use Business Park District, and is not compatible with the listed uses permitted within such zone. A Resolution of the City Council of the City of Cypress, Sustaining the Determination of the Director of Community Development That a Proposed Childrens Recreation Land Use Is Inconsistent with the Intent of the PBP Planned Business Park Zone, Mixed Use Business Park District, and is Not Compatible with the Listed Uses Permitted Within Such Zone. 17. APPROVAL OF THE CITY’S PARTICIPATION IN THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) JPA AGREEMENT AND COPLINK POLICY ADOPTION. Prepared by: Mark Yokoyama, Police Captain Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, authorizing the City of Cypress to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC), authorize the Mayor to execute the Joint Powers Agreement (JPA) associated with the City’s participation, and authorize the City Manager and/or Police Chief to execute any related documents consistent with the implementation of this Agreement; and 2) Ratify the COPLINK System Use Policy (Attachment G), specifically authorizing the Chief of Police to execute the document and any future amendments on behalf of the City; and 3) Approve the appropriation of $13,000 from the unreserved fund April 10, 2006 Page 10 balance of the general fund to account 4188-11-165-05 for the shared costs of the ILJAOC for Fiscal Year 2005/2006. A Resolution of the City Council of the City of Cypress, Approving the Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County (ILJAOC). RECREATION & PARK DISTRICT MATTERS (18) The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. 18. APPROVAL OF THE AMENDED JOINT USE AGREEMENT WITH ANAHEIM UNION HIGH SCHOOL DISTRICT. Prepared by: Laura Detweiler, Director of Recreation & Community Services Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the attached Amended Joint Use Agreement with the Anaheim Union High School District. 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 April 10, 2006 Page 11 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, April 24, 2006, beginning at 6:00 p.m. in the Council Chambers. 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 6 day of April, 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, APRIL 7, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.