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Agenda 2006-06-12 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 12, 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. Council Chambers 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 ***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. June 12, 2006 Page 2 CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: Richard Storey Employee Groups: Cypress Police Management Association Cypress Police Officers Association Cypress Employees Association Cypress Maintenance Supervisors Association PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Clerk RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONSPresentation by Sandra Montez, Cypress Representative, Orange County Vector Control District, Regarding Annual Update Presentation of Certificate of Special Recognition to Amanda Wong, Cypress High School, on Receiving a Disneyland Resort Scholarship Presentation of Certificate of Special Recognition to Jill R. Ingram, City Clerk June 12, 2006 Page 3 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) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002-13, A REQUEST TO EXPAND AN EXISTING MONOPINE DESIGN ANTENNA FACILITY LOCATED AT 4129-1/2 BALL ROAD WITHIN THE CG-10,000 COMMERCIAL GENERAL ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving an amendment to Conditional Use Permit No. 2002-13 – with conditions. A Resolution of the City Council of the City of Cypress, Approving an Amendment to Conditional Use Permit No. 2002-13 – With Conditions. June 12, 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 – 12) 2. APPROVAL OF MINUTES Meeting of May 22, 2006. Prepared by: Jill R. Ingram, City Clerk Recommended Action: Approve as submitted. 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 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: 1) Award a contract for Public Works Project Nos. 2005-07, 2003-35, and 2004-23, Replacement of Basketball Court at Pinewood Park, Construction of Picnic Shelter Slab at Peppertree Park, and Construction of Access Ramps at Various Locations, in the amount of $97,331, to the lowest responsible bidder, JMA Construction, Simi Valley, CA; and 2) Authorize a contingency of $14,600 (15% 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. June 12, 2006 Page 5 5. APPROVAL OF THE CITY ENGINEER’S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90. Prepared by: Gonzo Vazquez, Contracts/Environmental Affairs Manager Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving the City Engineer’s Report and establishing a public hearing for July 10, 2006, declaring the City Council’s intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. A Resolution of the City Council of the City of Cypress, Approving the City Engineer’s Report Dated June 12, 2006, In Connection with the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1. A Resolution of the City Council of the City of Cypress, California, Declaring Its Intention to Order the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2006-07, Pursuant to the Landscaping and Lighting Act of 1972, and Fixing a Time And Place for Hearing Objections Thereto. 6. ACCEPTANCE OF CYPRESS ACRES SIDEWALKS ON MERTEN AVENUE, BELMONT STREET, AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2005-14. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept the project for Cypress Acres Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, Public Works Project No. 2005-14, as being satisfactorily completed in conformance with the project specifications, in the final amount of $176,287.50; and 2) Approve the final retention payment of $17,628.75 to Damon Construction, 8851 Watson Street, Cypress, CA 90630, 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 June 12, 2006 Page 6 objections have been filed, upon concurrence of the Director of Public Works. 7. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF A WROUGHT IRON FENCE AND GATE AND MASONRY PILASTERS ALONG THE SOUTH AND WEST SIDES OF DARRELL ESSEX PARK, PUBLIC WORKS PROJECT NO. 2004-17. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council approve the plans and specifications for Installation of a Wrought Iron Fence and Gate and Masonry Pilasters along the South and West sides of Darrell Essex Park, Public Works Project No. 2004-17. 8. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES, PUBLIC WORKS PROJECT NO. 2006-08. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Approve the plans and specifications for the Installation of Conduit/Cable for CCTV Purposes, Public Works Project No. 2006-08; and 2) Approve an increase to the estimated revenues in the Measure M Fund (Fund 39) in Other Grants, Account No. 3525-39 for $246,840; and 3) Approve the appropriation of $363,000 from the unreserved fund balance of the Measure M Fund (Fund 39) to Account No. 4186-39-889-22. 9. AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2006-2007. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council adopt a Resolution by title only, title as follows, approving the City’s participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager, Community Development Director, and/or their designees to execute the three (3) associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. A Resolution of the City Council of the City of Cypress, Authorizing the Execution of Three (3) Contracts for the June 12, 2006 Page 7 Award of Community Development Block Grant (CDBG) Funds Through the County of Orange for the Program Year Spanning July 1, 2006 Through June 30, 2007. 10. ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Prepared by: Matt Burton, Finance Manager 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 Resolution by title only, title as follows, adopting the Annual Statement of Investment Policy. A Resolution of the City Council of the City of Cypress, and Acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, Adopting the Annual Statement of Investment Policy. 11. DESIGNATION OF CITY STAFF TO TAKE ETHICS TRAINING. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council designate that all City Staff required to complete Form 700 of the Fair Political Practices Commission (Statement of Economic Interests) be required to complete ethics training requirements as outlined in Assembly Bill (AB) 1234, entitled Local Agencies – Compensation and Ethics. 12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75695 THROUGH 75910. Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. June 12, 2006 Page 8 UNFINISHED BUSINESS No items. NEW BUSINESS (13 – 16) 13. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2006-02, A REQUEST BY THE CYPRESS RECREATION AND PARK DISTRICT TO MODERNIZE AND EXPAND THE CYPRESS COMMUNITY CENTER LOCATED AT 5700 ORANGE AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE. Prepared by: Ted J. Commerdinger, Acting Community Development Director Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2006-02 – with one condition; and 2) Certify the Mitigated Negative Declaration (DeMinimus) and Mitigation Monitoring Program. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2006-02 – With A Condition. 14. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO “BOARDS, COMMISSIONS AND COMMITTEES.” Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Chapter 2, Article IV, Sections 2-40 through 2-120 of the Cypress Municipal Code related to “Boards, Commissions and Committees.” An Ordinance of the City Council of the City of Cypress, and the Ex-Officio Governing Body of the Cypress Recreation and Park District, Amending Chapter 2, Article IV, Sections 2-40 Through 2-120, Related to “Boards, Commissions and Committees.” June 12, 2006 Page 9 15. ADOPTION OF A RESOLUTION TO APPROVE THE THIRD REVISION TO THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council adopt a Resolution by title only, title as follows, adopting the third revision to the Boards, Commissions and Committees Policy Manual. A Resolution of the City Council of the City of Cypress, California, Adopting the Third Revision to the Boards, Commissions and Committees Policy Manual. 16. APPROVAL OF WEST COUNTY S.W.A.T. PROTOCOL. Prepared by: Mike Idom, Police Captain Recommended Action: That the City Council approve the West County S.W.A.T. Protocol, including the liability provisions therein, and authorize the Chief of Police to execute the same. 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. June 12, 2006 Page 10 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, June 26, 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 8 day of June, 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, JUNE 9, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.