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Agenda 2006-11-27 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 27, 2006 6:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 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. CLOSED CITY OF CYPRESS ITEMS: SESSION PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager 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. November 27, 2006 Page 2 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONSCITY RECOGNITION OF OUTGOING COUNCIL MEMBERS FRANK McCOY, MIKE McGILL AND LYDIA SONDHI 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. November 27, 2006 Page 3 PUBLIC HEARINGS (1 - 5) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING A SIX-MONTH EXTENSION OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-1, INVOLVING AN AESTHETIC UPGRADE TO AN EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 5285 CYPRESS STREET IN THE PC PLANNED COMMUNITY ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the Extension of Amendment to Conditional Use Permit No. 96-1 (until April 10, 2007), subject to the revised conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving a Six (6) Month Extension of Amendment to Conditional Use Permit No. 96-1 – With Revised Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-10, A REQUEST TO ESTABLISH A TAKE-OUT PIZZA RESTAURANT WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 6879 KATELLA AVENUE IN THE PC-1 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. 2006-10, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-10 – With Conditions. November 27, 2006 Page 4 3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-09, A REQUEST TO ADD THE ON-SITE SALE OF BEER AND WINE TO THE EXISTING PHILLY GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY 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. 2006-09, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-09 – With Conditions. 4. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-11, A REQUEST TO CONSTRUCT FIVE (5) DETACHED CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY 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. 2006-11, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-11 – With Conditions. 5. PUBLIC HEARING REGARDING APPLICATIONS FOR SPECIAL RESIDENTIAL ADDRESSING SERVICE PERMITS. Prepared by: Gonzo Vazquez, Water Quality Manager Recommended Action: That the City Council approve Special Permits to Canning Hunger, 1011-B Whittier Boulevard, Suite 4, La Habra, California 90631, and Care For the Children, 16229 Woodruff Avenue, #33, Bellflower, California 90706, to paint address numbers on residential curbs in the City, subject to full compliance with Public Works Standard Plan No. 410, which permits shall expire on November 27, 2007. November 27, 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 (6 – 13) 6. APPROVAL OF MINUTES Meeting of November 13, 2006 Prepared by: Denise Basham, Interim City Clerk Recommended Action: Approve as submitted. 7. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 8. APPROVAL OF AGREEMENTS AND AWARD OF CONTRACTS FOR CLOSED CIRCUIT TV INSPECTION OF CITY’S SANITARY SEWER LINES, PUBLIC WORKS PROJECT NO. 2006-18. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Approve and authorize the City Manager to execute the agreement with Orange County Sanitation District to receive matching funds from the Cooperative Project Program for Sewer Condition Assessment Plan, Public Works Project No. 2006-18 and approve an increase in the estimated revenues for the Sewer Fund (Other Grants-Account No. 3525-41) in the amount of $325,000; and 2) Determine it is in the best interest of the City, based on a time and costs savings, to dispense with the request for qualifications (RFQ) process for professional consulting services; and 3) Award a contract in the amount of $230,640 and authorize the City Manager to execute the agreement for Preparation of City’s Sewer Condition Assessment Plan to AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine, California 92618, and authorize a contingency of $23,000 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer and issue any necessary change orders to complete additional work within budgetary authority; and 4) Award a contract in the amount of $339,700 and authorize the City Manager to execute the agreement for Cleaning and Closed Circuit TV Inspection of Sanitary Sewer Lines to National Plant Services, 1461 November 27, 2006 Page 6 Harbor Avenue, Long Beach, California 90813, and authorize a contingency of $34,000 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer and issue any necessary change orders to complete additional work within budgetary authority. 9. APPROVAL OF URBAN AREA SECURITY INITIATIVE (UASI) AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT OR SERVICES OR REIMBURSEMENT OF TRAINING COSTS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the recommended purchase of equipment or services, or training reimbursement provided by the Urban Area Security Initiative (UASI) grant program; and 2) Approve the increase to the estimated revenues in the General Fund in Other Grants, account number 3525-11-999-99, in the amount of $13,052 for the 2006 UASI grant; and 3) Approve the appropriation of $13,052 from the 2006 UASI grant to the unreserved fund balance of the General Fund to Emergency Services Training, account number 4206-11-180-05, for training related to terrorism, and 4) Authorize the Mayor to execute three (3) original copies of the “Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY06 Urban Area Security Initiative (UASI).” 10. ACCEPTANCE OF FISCAL YEAR 2005-2006 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council accept and direct staff to file the Fiscal Year 2005-2006 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2006. 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2006. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council receive and file the Investment Report for the month of October, 2006. 12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78224 THROUGH 78410. November 27, 2006 Page 7 Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation and Park District Matters: 13. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO RESCIND THE AWARDED BID WITH FLINTRIDGE LANDSCAPE AND T-CONSTRUCTION AND ENTER INTO CONTRACT WITH THE NEXT LOWEST RESPONSIBLE BIDDER AND AWARD THE PHASE 5 BID FOR THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION – PROJECT NO. 2005-35. Prepared by: Laura Detweiler, Recreation and Community Services Director 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. (its Project Manager) and its Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and Expansion of Cypress Community Center, to: 1) Rescind the award of contract to Flintridge Landscape and T-Construction, due to the failure to execute the required contracts; and 2) Authorize the Project Manager to enter into replacement contracts with the second lowest responsible bidders American Demolition and Preferred Landscape; and 3) Authorize the Project Manager to award the Phase 5 contract for flooring to SCS Flooring Systems. Each of these actions is requested in accordance with Section 3.7 of the July 10, 2006 Council Approved Program Management Agreement (the “Agreement”). Recommendation for award of bids are as follows: Trade Contractor Total Contract Amount Landscape Preferred Landscape $135,000.00 Demolition American Demolition 118,000.00 Painting Sanders & Wohrman 49,800.00 Flooring SCS Flooring Systems 20,846.00 END OF CONSENT CALENDAR November 27, 2006 Page 8 ORDINANCES (SECOND READING) (14 – 15) 14. SECOND READING OF AN ORDINANCE ADOPTING SPECIFIC PLAN AMENDMENT NO. 2006-01, A REQUEST TO ELIMINATE THE MAXIMUM FRONT YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, approving Specific Plan Amendment No. 2006-01. An Ordinance of the City Council of the City of Cypress, California, Amending Section 4.5.1, Development Standards Matrix, Table 2, of the Lincoln Avenue Specific Plan for the Purpose of Eliminating the Maximum Front Yard Setback Requirement Within the CV Campus Village District of the Lincoln Avenue Specific Plan. 15. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO “BOARDS, COMMISSIONS AND COMMITTEES” AND THE CABLE TELEVISION COMMISSION. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, approving Amendment to Chapter 2, Article IV, Sections 2-40 through 2-120 related to “Boards, Commissions and Committees” and the Cable Television Commission. 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” and the Cable Television Commission. November 27, 2006 Page 9 NEW BUSINESS 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 1. Discussion Regarding Political Contributions and Campaign Disclosures (Requested by Council Member McGill) ITEMS FROM CITY MANAGER November 27, 2006 Page 10 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, December 11, 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 nd 22 day of November, 2006. ________________________________ Denise Basham, Interim 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 MONDAY, NOVEMBER 27, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.