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Agenda 2009-04-27 I ~ ~ F .M~,-, AGENDA _ ~ CITY OF CYPRESS ~ CITY COUNCIL PRO ESS REGULAR MEETING MONDAY `APRIL 27 2009 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 DOUG BAILEY MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER LEROY MILLS 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 excepf 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. Cit Council A endas/Minutes are available at www.ci.c ress.ca.us. April 27, 2009 Page 2 WORKSHOP PAVEMENT MANAGEMENT PROGRAM SESSION ARTIFICIAL TURF Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Blythe v. North Orange County Community College District, et al. Case Number 00103466 Orange County Superior Court CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Blythe v. North Orange County Community College District, et al. Case Number 00118968 Orange County Superior Court CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Cypress Police Officers Association CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 59456.8) Real Property Identified by APN Numbers 241-204-11 and 241-204-12; Consisting of Approximately 0.2755 Acres on Myra Avenue, Between Walker Street and Moody Street Party Negotiating With: Dung Minh Cao and Anhdao Vu Trust Negotiating Party: City Manager and Director of Public Works Under Negotiation: Price and Terms of Payment April 27, 2009 Page 3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) Number of Cases: One RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PAVEMENT MANAGEMENT PROGRAM REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY ORAL COMMUNICATIONS (LIMITED TD 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. April 27, 2009 Page 4 PUBLIC HEARINGS (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency. 1. CONTINUATION OF A PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-14, A REQUEST TO UPGRADE AN EXISTING (TYPE 70) ALCOHOL LICENSE (ON-SALE GENERAL RESTRICTIVE SERVICE) TO A (TYPE 47) ALCOHOL LICENSE (ON-SALE GENERAL-EATING PLACE) FOR THE WOODFIN SUITES HOTEL LOCATED AT 5905 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared bv: 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. 88-14, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 88-14 -With Conditions. 2. A PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-20, A REQUEST TO EXPAND THE EXISTING HOURS OF OPERATION TO 24 HOURS FOR A CONVENIENCE MARKET WITH OFF-SALE BEER AND WINE SALES LOCATED AT 4502 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Prepared bv: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 2005-20, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 2005-20 -With Conditions. April 27, 2009 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 (3 -16) 3. APPROVAL OF MINUTES. Meeting of April 13, 2009. Prepared bv: Denise Barham, City Clerk Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE WEEK OF MAY 10-16, 2009 AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Prepared bv: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of May 10-16, 2009 as "National Police Week" in the City of Cypress. 6. PROCLAIMING THE WEEK OF MAY 3-9, 2009 AS "ARSON AWARENESS WEEK" IN THE CITY OF CYPRESS. Prepared bv: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of May 3-9, 2009 as "Arson Awareness Week" in the City of Cypress. 7. PROCLAIMING THE WEEK OF MAY 3-9, 2009 AS "MUNICIPAL CLERKS WEEK" IN THE CITY OF CYPRESS. Prepared bv: Denise Barham. City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of May 3-9, 2009 as "Municipal Clerks Week" in the City of Cypress. April 27, 2009 Page 6 8. ADOPTION OF A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE COUNTY ADMINISTERED 2009 MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Prepared bv: Steve Clarke, Redevelopment Proiect Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and authorize the Mayor and/or his designee(s) to execute the Cooperative Agreement approving the City's participation in the Mortgage Credit Certificate (MCC) Program. A Resolution of the City Council of the City of Cypress, Approving the City's Participation in the Mortgage Credit Certificate (MCC) Program in Cooperation with the County of Orange. 9. CONSIDERATION OF A CONSULTANT CONTRACT FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED SEACOAST GRACE CHURCH EXPANSION PROJECT. Prepared bv: Kori Nevarez, Associate Planner Recommended Action: That the City Council approve the contract with RBF Consulting for the preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Seacoast Grace Church Expansion Project, for a cost not to exceed $74,210.00. 10. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE CERRITOS AVENUE AT WALKER STREET INTERSECTION IMPROVEMENT, VALLEY VIEW STREET AT CERRITOS AVENUE INTERSECTION IMPROVEMENT, AND BALL ROAD AT GRINDLAY STREET TRAFFIC SIGNAL INSTALLATION. Prepared bv: Keith Carter, Associate Enpineer/Traffic Recommended Action: That the City Council approve the plans and specifications for the Cerritos Avenue at Walker Street Intersection Improvement, Valley View Street at Cerritos Avenue Intersection Improvement, and Traffic Signal Installation at the Intersection of Ball Road at Grindlay Street, Public Works Project Nos. 2008-25, 26, and 27. April 27, 2009 Page 7 11. ADOPTION OF A RESOLUTION APPROVING THE RACE- CONSCIOUS DISADVANTAGED BUSINESS ENTERPRISE IMPLEMENTATION AGREEMENT. Prepared bv: Nick Manakalakiri, Assistant Engineer Recommended Action: That the City Council: 1) Authorize the Director of Public Works to enter into aRace-Conscious Disadvantaged Business Enterprise (DBE) Implementation Agreement with the State of California Department of Transportation (Caltrans), to meet funding authority requirements; and 2) Adopt the Resolution by title only, title as follows, approving the DBE Implementation Agreement. A Resolution of the City Council of the City of Cypress, Approving the Race-Conscious (RC) Disadvantaged Business Enterprise (DBE) Program Implementation Agreement. 12. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND TESTING SERVICES FOR SEWER REPAIR ON CERRITOS AVENUE, PUBLIC WORKS PROJECT N0.2008-24, AND ORANGE AVENUE, PUBLIC WORKS PROJECT N0.2008-32. Prepared bv: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a contract for Sewer Repair on Cerritos Avenue, Public Works Project No. 2008-24, and Orange Avenue, Public Works Project No. 2008-32, in the amount of $408,845, to the lowest responsible and most qualified bidder, Excel Paving Company, Long Beach, California; and authorize a contingency of $61,300 (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; and 2) Approve a Task Order for Construction Management, Inspection, and Testing Services, in the amount of $80,231, within the agreement for On-Call Construction Management/Inspection/Engineering Services, for Sewer Repair on Cerritos Avenue, Public Works Project No. 2008-24, and Orange Avenue, Public Works Project No. 2008-32, to Jacobs Field Services North America, Inc. (Jacobs); and authorize a contingency of $12,000 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works/City Engineer to act as Contract Officer. April 27, 2009 Page 8 13. APPROVAL OF COUNTY PROPOSITION 42 -CITY AID PROGRAM (CAP) AGREEMENT FOR FISCAL YEAR 2009-10. Prepared bv: Nick Mangkalakiri, Assistant Engineer Recommended Action: That the City Council: 1) Approve and authorize the City Manager to execute the agreements as required for participation in the County's Proposition 42 -City Aid Program (CAP); and 2) Authorize an increase in Estimated Revenues by $115,626 in Account No. 3525-22 (Other Grants) for the receipt of funds from the County of Orange; and 3) Authorize the appropriation of funds received from the County of Orange, in the amount of $115,626, to Account No. 4187-22-493-21, for use in the Fiscal Year 2009-10 Arterial Pavement Rehabilitation Project. 14. AWARD OF CONSULTANT AGREEMENT FOR THE CREATION AND IMPLEMENTATION OF A COMPREHENSIVE SANITARY SEWER PUBLIC EDUCATION AND OUTREACH CAMPAIGN. Prepared bv: Antonia Castro, Management Analyst Recommended Action: That the City Council: 1) Award a consultant agreement to Amie's Communications, in an amount not to exceed $51,300, to create and implement a comprehensive sanitary sewer public education and outreach campaign; authorize a contingency of $5,130 (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; and 2) Appropriate $56,430 from the unreserved fund balance of the City's Sewer Fund (Fund 41) to Account No. 4189-41-219-08. 15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2009. Prepared bv: 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 March, 2009. April 27, 2009 Page 9 16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS N0.90771 THROUGH 90956. Prepared bv: 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 2008-09. END OF CONSENT CALENDAR 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. April 27, 2009 Page 10 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, May 11, 2009, 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 22"d day of April, 2009. ~2~:~ l~C~~~ 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, APRIL 24, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.