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Agenda 2006-08-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 28, 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. August 28, 2006 Page 2 WORKSHOP WORKSHOP ON AWARD OF PERFORMANCE SESSION CONTRACTING AGREEMENT TO SIEMENS BUILDING TECHNOLOGIES, INC. FOR HVAC, LIGHTING, AND ENERGY SERVICES ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Real Property Identified by APN Numbers 241- 091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241- 231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Negotiating Party: Acting Executive Director, Acting Deputy Executive Director Under Negotiation: Site Status, Price and Terms of Payment PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Clerk August 28, 2006 Page 3 CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 244-481-01, Located at 5762 Lincoln Avenue; APN Number 244-472-09, Located at 5732 Lincoln Avenue; APN Number 244-472-08, Located at 5702 Lincoln Avenue; APN Number 244-472-07, Located at 5692 Lincoln Avenue; APN Number 244-472-06, Located at 5682 Lincoln Avenue; and APN Number 244-472-05, Located at 5662 Lincoln Avenue Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel Under negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION Ron Ruiz, Associate Pastor Calvary Chapel Pacific Coast PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY August 28, 2006 Page 4 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 ZONING CODE AMENDMENT NO. 2004-04, AMENDING APPENDIX “I” OF THE CYPRESS CITY CODE (ZONING ORDINANCE), AMENDING TABLES 2-2, 2-6, 2-11 AND 2-15 AND ADDING A DEFINITION TO SECTION 6.31.020 REGARDING MEDICAL MARIJUANA DISPENSARIES. Prepared by: Ted Commerdinger, Acting Community Development Director Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Code Amendment No. 2004-04. An Ordinance of the City Council of the City of Cypress, Modifying Tables 2-2, 2-6, 2-11 and 2-15 and Adding a Definition to Section 6.31.020 of Appendix I of the Cypress Municipal Code Regarding Medical Marijuana Dispensaries. August 28, 2006 Page 5 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 -11) 2. APPROVAL OF MINUTES Meeting of August 14, 2006 Prepared by: Denise Basham, Acting 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. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF POLICE CLERK I/II. Prepared by: Regina Choi, Human Resources Analyst 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 class specification for the regular full-time position of Police Clerk I/II, amending the City’s classification plan. 5. ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS’ ASSOCIATION FOR THE CONTRACT PERIOD JULY 1, 2006 THROUGH JUNE 30, 2009. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Police Officers’ Association. August 28, 2006 Page 6 A Resolution of the City Council of the City of Cypress, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Police Officers’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 6. DESIGN REVIEW COMMITTEE PERMIT NO. 2006-05, A REQUEST TO INSTALL A STEALTH ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING LOCATED AT 5865 KATELLA AVENUE IN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2006-05, subject to the conditions attached hereto in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2006-05 - With Conditions. 7. APPROVAL OF FIRST AMENDMENT TO CONTRACT AGREEMENT FOR CONSTRUCTION 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 approve the First Amendment to Contract Agreement for Construction of Cypress Acres Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, Public Works Project No. 2005-14, to Damon Construction. 8. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2006. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council receive and file the Investment Report for the month of July, 2006. 9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 77010, 77016 THROUGH 77064, AND FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 77004 THROUGH 77009, 77011 THROUGH 77015, AND 77065 THROUGH 77197. August 28, 2006 Page 7 Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Years 2005-06 and 2006-07. Recreation and Park District Matters: 10. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDERS FOR EXPANSION OF THE CYPRESS COMMUNITY CENTER PARKING LOT – PROJECT NO. 2005-35. Prepared by: Laura Detweiler, Director of Recreation and Community Services Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project Number 2005- 35, Expansion of the Cypress Community Center Parking Lot, to enter into contract with the following lowest responsible bidders by trade in accordance to Section 3.7 of the July 10, 2006 Council approved Program Management Agreement: Trade Contractor Total Contract Amount Earthwork T-Construction $103,020.00 Site Concrete T-Construction 53,318.00 Asphalt T-Construction 84,554.00 Striping T-Construction 5,279.00 Plumbing Pacific Plumbing 7,380.00 Electrical PEC Electric 17,160.00 11. AWARD OF CONTRACT SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB FOR THE SENIOR TAXI VOUCHER PROGRAM. Prepared by: Dena Diggins, Recreation Superintendent Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve a one-year agreement with a four-year renewal option with California Yellow Cab, for the Senior Taxi Voucher Program in the amount of $10,000 annually with a maximum contract amount of $50,000; and 2) Increase appropriations from the Recreation and Park District’s unreserved general fund balance in the amount of $1,000 in account 4187-12-317-10 to offset increased costs of program. August 28, 2006 Page 8 END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS (12) 12. AWARD OF PERFORMANCE CONTRACTING AGREEMENT TO SIEMENS BUILDING TECHNOLOGIES, INC. FOR HVAC, LIGHTING, AND ENERGY SERVICES. Prepared by: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council: 1) Award a ten-year term Performance Contracting Agreement to Siemens Building Technologies, Inc. for HVAC, Lighting, and Energy Services with a capital expenditure cost of $1,077,674; and 2) Authorize a contingency of $107,767 (10% of capital expenditures) for unforeseen items or abatement and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 3) Transfer $1,185,441 from the Fund Balance of the General Fund to the City’s CIP Fund (1200-15) and then appropriate $1,185,441 from the unreserved fund balance of the City’s CIP fund to Account No. 4186-15-817-24. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS August 28, 2006 Page 9 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, September 11, 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 24 day of August, 2006. ________________________________ Denise Basham, Acting City Clerk August 28, 2006 Page 10 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) 229-6685. NOTIFICATION BY NOON ON FRIDAY, AUGUST 25, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.