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Agenda 2011-01-24CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 24, 2011 6:30 P.M., 7:00 P.M. Public Hearings at 7:00 P. M. MAYOR /AGENCY CHAIR LEROY MILLS MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN 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. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA 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. January 24, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION RECONVENE 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY OF CYPRESS ITEMS: 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 30- 2008 00103466 Orange County Superior Court MAYOR/AGENCY CHAIR LEROY MILLS MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER /BOARD MEMBER PRAKASH NARAIN CITY MANAGER CITY ATTORNEY January 24, 2011 Page 3 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. PUBLIC HEARINGS (1) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and /or the Cypress Redevelopment Agency. 1. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2010 -12, A REQUEST TO RE -OPEN A RESTAURANT WITH A TYPE 47 ONSALE GENERAL LIQUOR LICENSE LOCATED AT 5721 LINCOLN AVENUE, SUITE C, 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 Conditional Use Permit No. 2010 -12, 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. 2010 -12 With Conditions. January 24, 2011 Page 4 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. Ordinances on the Consent Calendar should be read by title only prior to taking any action. CONSENT CALENDAR (2 10) 2. APPROVAL OF MINUTES. Meeting of January 10, 2011. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION ON LINCOLN AVENUE AND CYPRESS STREET, PUBLIC WORKS PROJECT NO. 2008-23. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Award a construction contract for Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 2008 -23, in the amount of $1,646,689, to the lowest responsible bidder, Paulus Engineering, Anaheim, California, authorize a contingency of $247,000 (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; and 2) Approve a Task Order for Construction Inspection and Testing Services, in the amount of $213,213, within the agreement for On -Call Construction Management/Inspection/ Engineering Services, for Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 2008 -23, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $31,980 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. January 24, 2011 Page 5 5. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION ON LA SALLE STREET, BELMONT STREET, AND LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2009 -12. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council approve the plans and specifications for Sewer Rehabilitation on La Salle Street, Belmont Street, and Lincoln Avenue, Public Works Project No. 2009 -12. 6. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION ON DELONG STREET, WATSON STREET, AND CRESCENT AVENUE, PUBLIC WORKS PROJECT NO. 2009 -13. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council approve the plans and specifications for Sewer Rehabilitation on DeLong Street, Watson Street, and Crescent Avenue, Public Works Project No. 2009 -13. 7. APPROVAL OF PLANS AND SPECIFICATIONS FOR 2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2010 -14. Prepared by: Nick Mangkalakiri, Assistant Engineer Recommended Action: That the City Council approve the plans and specifications for the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14. 8. AWARD OF CONTRACT FOR REPLACEMENT OF FIVE POLICE VEHICLES. Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council find that the City of Simi Valley's Purchase Order No. 4500022733, the Los Angeles County Sheriff's Department Purchase Order No. DPO -SH- 11321410 -1, and the City of Rancho Cucamonga's Purchase Order No. 053220 satisfies the bid process per the City Code Section 21A- 10(e), award a contract to purchase one 2011 Chevrolet Impala Police Package vehicle and three 2011 Ford Crown Victoria Police Interceptor Patrol Vehicles from Wondries Fleet Group, Alhambra, California, in the amount of $95,932, and award a contract to purchase one 2010 Ford Escape Hybrid from Theodore Robins Ford Inc., Costa Mesa, California, in the amount of $29,696. January 24, 2011 Page 6 9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2010. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 16232 THROUGH 16508. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services NEW BUSINESS (11) Recommended Action: That the City Council receive and file the Investment Report for the month of December, 2010. Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2010 -11. END OF CONSENT CALENDAR 11. DISCUSSION ON PROPOSED BREED SPECIFIC SPAY /NEUTER ORDINANCE AND ALTERNATIVES. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council review and discuss the draft ordinance and: 1) Direct staff to prepare a finalized version of the proposed "Mandatory Spay /Neuter Program" ordinance (Attachment B), provide policy direction regarding specific components of the draft ordinance, as identified herein, and direct staff to place the ordinance on the City Council agenda for introduction and first reading; or in the alternative 2) Direct staff to prepare an ordinance amending certain sections of the Cypress Municipal Code, Chapter 3, Section 3 -1, to increase the stringency of the Potentially Dangerous Dog Program to dog owners who are deemed in violation of the City's Dangerous and Vicious Animals Ordinance by O.C. Animal Care officials; and /or 3) Direct staff to request O.C. Animal Care to increase canvassing, public education efforts, licensing, and enforcement activities in the Marion Avenue neighborhood and other areas as determined by O.C. Animal Care to have issues with potentially dangerous animals. January 24, 2011 Page 7 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 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, February 14, 2011, 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 19 day of January, 2011. t Oct.okfn Denise Basham, City Clerk January 24, 2011 Page 8 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, JANUARY 21, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.