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Agenda 2007-03-12 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 12, 2007 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 PHIL LUEBBEN MAYOR PRO TEM/AGENCY VICE CHAIR TODD SEYMORE COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER/BOARD MEMBER LEROY MILLS COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN Recess the meeting to Closed Session. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Clerk 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 12, 2007 Page 2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Moore v. City of Cypress, et al. Case Number 06CC02190 Orange County Superior Court RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCECYPRESS JUNIOR GIRL SCOUT TROOP #926 INVOCATION PRESENTATIONSRenewed Measure M Presentation by the Orange County Transportation Authority 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 March 12, 2007 Page 3 recognized. Your name will be called at the time the matter is heard by the Council. PUBLIC HEARINGS (1 – 3) 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 OF PARK FEE ORDINANCE. 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, amending Section 25-46 of the Cypress City Code and Establishing Park Development Fees Within the City of Cypress. An Ordinance of the City Council of the City of Cypress, California, Amending Section 25-46 of the Cypress City Code and Establishing Park Development Fees Within the City of Cypress. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2007-01, A REQUEST TO ALLOW THE CONSTRUCTION OF A TH FIFTH (5) DWELLING UNIT LOCATED AT 5598 CRESCENT AVENUE IN 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. 2007-01, subject to the conditions in Exhibit “A.” A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2007-01 – With Conditions. March 12, 2007 Page 4 3. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-14, A REQUEST TO ALLOW AN AUTOMOTIVE RENTAL OFFICE WITH VEHICLES ONSITE AT AN EXISTING AUTOMOTIVE SERVICE FACILITY LOCATED AT 5032 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE OF THE LINCOLN AVENUE SPECIFIC PLAN. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 76-14, subject to the existing conditions in Exhibit “A.” A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 76-14 – With Conditions. 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 (4 - 12) 4. APPROVAL OF MINUTES Meeting of February 26, 2007. Prepared by: Denise Basham, Interim City Clerk Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. March 12, 2007 Page 5 6. APPROVAL OF ADVANCE FUNDING FOR AN ILJAOC INTERMEDIATE CROSSROADS SERVER. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the increase in revenues in the General Fund 3525-11 (other grants) in the amount of $5,000; and 2) Approve the transfer from the General Fund (2200-11) in the amount of $5,000 to the Equipment Replacement Fund (1200-90); and 3) Approve the appropriation of $5,000 from the fund balance of the Equipment Replacement Fund to account 4305-90-656-35 for the purchase, setup, and configuration of an intermediate computer server. 7. APPROPRIATION INCREASE FOR TRAFFIC SIGNAL MAINTENANCE CONTRACT. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Appropriate $42,000 from the unreserved fund balance of the Lighting District Fund (Fund 25) to Account No. 4187-25-215-07; and 2) Increase estimated revenues in the Lighting District Fund by $42,000 to Account No. 3711-25 (Expense Reimbursement). 8. AWARD OF CONTRACT FOR THE CONSTRUCTION OF A GATEWAY MONUMENT SIGN ON BALL ROAD AT THE EAST CITY LIMITS, PUBLIC WORKS PROJECT NO. 2006-25. Prepared by: David Sanchez, Assistant Engineer Recommended Action: That the City Council: 1) Award a contract for Public Works Project No. 2006-25, Construction of a Gateway Monument Sign on Ball Road at the East City Limits, in the amount of $28,000, to the lowest responsible bidder Bravo Sign and Design Inc., Anaheim, California; and 2) Authorize a contingency of $2,800 (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. March 12, 2007 Page 6 9. AWARD OF CONTRACT FOR THE IMPROVEMENT OF MOODY STREET FROM NORTH CITY LIMIT TO LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2005-15. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for the Improvement of Moody Street from North City Limit to Lincoln Avenue, Public Works Project No. 2005-15, in the amount of $924,924, to the lowest responsible bidder All American Asphalt, Corona, California; and 2) Authorize a contingency of $138,000 (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. 10. ADOPTION OF AMENDMENT NO. 12 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council approve Amendment No. 12 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said agreement. 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 79740 THROUGH 79923. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. March 12, 2007 Page 7 Recreation & Park District Matters: 12. AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT NO. 2006-26. Prepared by: David Sanchez, Assistant Engineer Recommended Action: That the City Council, acting as ex-officio Governing Board of Directors for the Cypress Recreation and Park District: 1) Increase estimated revenues by $53,988 in the Recreation and Park District Fund (Account No. 3525-12), received through the Workforce Housing Reward Program as authorized by City Council on February 27, 2006, for purchase and installation of playground equipment at Evergreen Park; and 2) Appropriate $53,988 from Recreation and Park District’s unreserved fund balance to Account No. 4186-12-500-29 for the purchase and installation of playground equipment at Evergreen Park; and 3) Find that the U.S. Communities Master Intergovernmental Purchasing Agreement satisfies the City’s bid process, and award a contract to Landscape Structures for the purchase of playground equipment, through the U.S. Communities Intergovernmental Purchasing Agreement, in the amount of $203,098.23; and 4) Award a contract for the Installation of Playground Equipment in Various City Parks, in the amount of $192,900, to the lowest responsible bidder Green Giant Landscape, Inc., La Habra, California; and 5) Authorize a contingency of $17,361 (9% 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. END OF CONSENT CALENDAR ORDINANCES (13) 13. INTRODUCTION OF ORDINANCE ADDING SECTION 3-4 TO CHAPTER 3 OF THE CITY’S MUNICIPAL CODE RELATED TO ANIMAL CONTROL AND BARKING DOGS. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council introduce for first reading March 12, 2007 Page 8 the Ordinance by title only, title as follows, adding Section 3-4 to Chapter 3 of the City’s Municipal Code related to animal control and barking dogs. An Ordinance of the City Council of the City of Cypress, Adding Section 3-4 to Chapter 3 of the Code of the City of Cypress Relating to Animal Control and Barking Dogs. 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 March 12, 2007 Page 9 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Special Meeting, to be held on Monday, March 19, 2007, 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 March, 2007. ________________________________ 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 FRIDAY, MARCH 9, 2007, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.