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Agenda 2007-06-25 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 25, 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. Council Chambers 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 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. June 25, 2007 Page 2 Recess the meeting to Closed Session. CLOSED CYPRESS REDEVELOPMENT AGENCY ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street and Portions of Real Property Identified by APN Numbers 241-231 -22, 27, 28, 32, 35 and 42; Consisting of Approximately 10 Acres North of Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Party Negotiating With: Hopkins Real Estate Group and Los Alamitos Race Course, respectively Negotiating Party: Acting Director of Community Development/Deputy Executive Director Under Negotiation: Site Status Update CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 242-142-50 and 242-062-26; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and Moody Street and a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street, respectively Party Negotiating With: Cypress Boys and Girls Club and VFW Negotiating Party: Acting Director of Community Development/Deputy Executive Director Under Negotiation: Site Status Update June 25, 2007 Page 3 CITY OF CYPRESS ITEMS: CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Cypress Employees’ Association Cypress Maintenance Employees’ Association Cypress Maintenance Supervisors’ Association CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Melim v. City of Cypress, et al. Appeal of Discipline Determination RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS RECOGNITION OF CYPRESS COLLEGE PRESIDENT MARJORIE LEWIS UPON HER RETIREMENT June 25, 2007 Page 4 PRESENT CERTIFICATES OF APPRECIATION TO ALL OUTGOING COMMISSIONERS: ? Cable Television Commission Brian Black - Ted Lorber - Lawrence Santucci - ? Recreation & Community Services Commission Don Hucker - ? Senior Citizens Commission Patricia Christopher - Nancy Hooven - Helen Siler - ? Traffic Commission Harvey Imanuel - Lloyd Mantong - Nancy Shaw - 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. June 25, 2007 Page 5 PUBLIC HEARINGS (1 – 4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2007-07 AND TENTATIVE TRACT MAP NO. 17126, A REQUEST TO COMBINE TWO (2) LOTS INTO ONE (1) LOT AND CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5712 DANNY AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2007-07 and Tentative Tract Map No. 17126, subject to the conditions in Exhibit “A” of each Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2007-07 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 17126 - With Conditions. 2. PUBLIC HEARING REGARDING AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 15C OF THE CYPRESS MUNICIPAL CODE REGULATING AND LICENSING THE CONDUCT OF BINGO WITHIN THE CITY OF CYPRESS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving an amendment to Cypress City Code, Section 15C related to regulation and licensing the conduct of bingo operations. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 15C of the Cypress Municipal Code Regulating and Licensing the Conduct June 25, 2007 Page 6 of Bingo Within the City of Cypress. 3. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2007-08 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the District budget as proposed for the fiscal year beginning July 1, 2007 after the conclusion of the public hearing. 4. PUBLIC HEARING AND ADOPTION OF THE 2007/2008 – 2013/2014 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City’s proposed 2007/2008 – 2013/2014 Capital Improvement Program; and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2007/2008 – 2013/2014. 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 (5 – 21) 5. APPROVAL OF MINUTES Meeting of June 11, 2007. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. June 25, 2007 Page 7 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. ADOPTION OF RESOLUTION RECOGNIZING CYPRESS COLLEGE PRESIDENT MARJORIE LEWIS UPON HER RETIREMENT. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council adopt the Resolution by title only, title as follows, recognizing Cypress College President Marjorie Lewis upon her retirement. A Resolution of the City Council of the City of Cypress, Recognizing Cypress College President Marjorie Lewis Upon Her Retirement. 8. APPROVAL OF AMENDMENT NO. 3 TO AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR CITY AND REDEVELOPMENT AGENCY ATTORNEY SERVICES. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council approve the proposed Amendment No. 3 to the Amended and Restated Services Agreement for City and Redevelopment Agency (City/Agency) Attorney Services to reflect changes made to Section 4.0 related to compensation. 9. CONSIDERATION OF ADOPTION OF A RESOLUTION TO SUPPORT SB 286 TO PROTECT FUNDING FOR LOCAL STREETS AND ROADS. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, in support of SB 286 (Lowenthal and Dutton) which requests the State Legislature to appropriate Proposition 1B funds to cities and counties for local streets and roads. A Resolution of the City Council of the City of Cypress, June 25, 2007 Page 8 Support SB 286, $1 Billion State Budget Allocation of Prop 1B Funds for Local Streets and Roads to Cities in Fiscal Year 2007-08. 10. DESIGN REVIEW COMMITTEE PERMIT NO. 2007-04, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR A FULL SERVICE CAR WASH LOCATED AT 6000 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2007-04, subject to the conditions in Exhibit “A.” A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2007-04 - With Conditions. 11. 2007-2008 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council: 1) Receive and file the staff report for the 2007-2008 Capital Improvement Program (CIP) Consistency Determination; and 2) Determine that the 2007-2008 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). 12. ACCEPTANCE OF 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 of the Cypress Recreation and Park District: 1) Accept the Installation of Playground Equipment in Various City Parks, Public Works Project No. 2006-26, as being satisfactorily completed in conformance with the project specifications, in the final amount of $205,220; and 2) Approve the final retention payment of $20,522 to Green Giant Landscape, Inc., La Habra, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and June 25, 2007 Page 9 Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 13. 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: Antonia Castro, Management Analyst 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 9, 2007, 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 25, 2007, 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 2007-08, Pursuant to the Landscaping and Lighting Act of 1972, and Fixing a Time and Place for Hearing Objections Thereto. 14. APPROVAL OF FINAL TRACT MAP NO. 16873. PROPERTY LOCATED AT 6151-6197 BALL ROAD. Prepared by: David Sanchez, Assistant Engineer Recommended Action: That the City Council approve Final Tract Map No. 16873 and authorize the City Clerk to sign the record map. June 25, 2007 Page 10 15. ACCEPTANCE OF CONSTRUCTION OF A GATEWAY MONUMENT SIGN AT EAST CITY LIMITS, PUBLIC WORKS PROJECT NO. 2006-25. Prepared by: David Sanchez, Assistant Engineer Recommended Action: That the City Council: 1) Accept the Construction of a Gateway Monument Sign at East City Limits, Public Works Project No. 2006-25, as being satisfactorily completed in conformance with the project specifications, in the final amount of $25,000; and 2) Approve the final retention payment of $2,500 to Bravo Sign & Design, Inc., Anaheim, California 92802, thirty-five (35) days after 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 objections have been filed, upon concurrence of the Director of Public Works. 16. ACCEPTANCE OF INSTALLATION OF LEFT TURN MODIFICATIONS AT VARIOUS INTERSECTIONS, PUBLIC WORKS PROJECT NO. 2006-11. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Accept the Installation of Left Turn Modifications at Various Intersections, Public Works Project No. 2006-11, as being satisfactorily completed in conformance with the project specifications in the final amount of $198,333.96; and 2) Approve the final retention payment of $19,833.39 to Freeway Electric, Riverside, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Material Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 17. AWARD OF CONTRACT FOR REPLACEMENT OF ELECTRICAL PANELS AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2006-24. Prepared by: Jim Gorin, Associate Engineer June 25, 2007 Page 11 Recommended Action: That the City Council: 1) Award a contract for Replacement of Electrical Panels at Maintenance Yard, Public Works Project No. 2006-24, in the amount of $58,571.60, to the lowest responsible bidder, Raasch Contracting Services, Upland, California; and 2) Authorize a contingency of $8,800 (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. 18. APPROVAL OF FISCAL YEAR 2006 STATE HOMELAND SECURITY GRANT PROGRAM AGREEMENT TO TRANSFER PROPERTY OR FUNDS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the transfer of property, equipment, or funds provided by the State Homeland Security Grant program; and 2) Authorize the Mayor to execute the four (4) documents titled “Agreement to Transfer Property or Funds for 2006 Homeland Security Grant Program Purposes.” 19. ADOPTION OF THE FISCAL YEAR 2007-2008 BUDGET FOR THE CITY OF CYPRESS. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the City’s annual budget for the fiscal year beginning July 1, 2007. A Resolution of the City Council of the City of Cypress, Approving the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Fixing the Limitations of Expenditures for the Several Funds and the Functions, Departments, and Activities Carried on Under Such Funds. 20. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2007. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of May, 2007. 21. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS June 25, 2007 Page 12 NO. 81203 THROUGH 81409. Prepared by: Richard Storey, Assistant City Manager/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. END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS (22) 22. CONFIRMATION OF APPOINTMENTS TO FILL ELEVEN (11) COMMISSIONER VACANCIES. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council confirm the appointments of eleven (11) Commissioners, with nine (9) serving full four (4) year terms, one (1) serving a two (2) year term, and one (1) serving a one (1) year term, effective July 1, 2007. 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. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR (23 - 24) June 25, 2007 Page 13 23. ADOPTION OF THE FISCAL YEAR 2007-08 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the Cypress Redevelopment Agency Board adopt the Agency’s annual budget as proposed for the fiscal year beginning July 1, 2007. 24. APPROVAL OF AMENDMENT NO. 3 TO AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR CITY AND REDEVELOPMENT AGENCY ATTORNEY SERVICES. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the Cypress Redevelopment Agency approve the proposed Amendment No. 3 to the Amended and Restated Contract Services Agreement for City and Redevelopment Agency (City/Agency) Attorney Services to reflect changes made to Section 4.0 related to compensation. 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, July 9, 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 June 25, 2007 Page 14 bulletin board not less than 72 hours prior to the meeting. Dated this st 21 day of June, 2007. ________________________________ Denise Basham, 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 22, 2007, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.