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.