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Agenda 2011-02-28CALL TO ORDER 4:30 P.M. Executive Board Room ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 28, 2011 4:30 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. February 28, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION *Workshop 5:30 to 6:30 p.m. WORKSHOP SESSION Recess the meeting. ROLL CALL CITY OF CYPRESS ITEMS: RECONVENE 7:00 P.M. Council Chambers CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(1) (3)(A) Number of Cases: One 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 Numbers 30- 2008 00103466 and 30- 2009 00118968 Orange County Superior Court CYPRESS SCHOOL DISTRICT SURPLUS PROPERTY PLANS 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 February 28, 2011 Page 3 PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS RECOGNITION OF THE BANDAI FOUNDATION FOR THEIR SUPPORT OF CITY AND COMMUNITY PROGRAMS 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. February 28, 2011 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. A PUBLIC HEARING REGARDING VARIANCE NO. 2011 -01, A REQUEST TO ALLOW A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT 5142 HICKORY CIRCLE IN THE RS -6000 RESIDENTIAL SINGLE FAMILY ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Variance No. 2011 -01, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Granting a Variance From the Terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2 -3 to Allow a Reduction in the Required Side Yard Building Setback for the Property Located at 5142 Hickory Circle With Conditions. 2. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -01, A REQUEST TO OPERATE A FITNESS CENTER WITHIN AN EXISTING RETAIL LEASE SPACE LOCATED AT 4175 BALL ROAD IN THE CG- 10,000 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 Conditional Use Permit No. 2011 -01, 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. 2011 -01 With Conditions. February 28, 2011 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. Ordinances on the Consent Calendar should be read by title only prior to taking any action. CONSENT CALENDAR (3 16) 3. APPROVAL OF MINUTES. Meeting of February 14, 2011. Prepared by: Denise Basham, 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 MARCH 13 -19, 2011 AS "CHILDHOOD CANCER AWARENESS WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of March 13 -19, 2011 as "Childhood Cancer Awareness Week" in the City of Cypress. 6. APPROVAL OF FINAL TRACT MAP NO. 16920. PROPERTY LOCATED AT 5521 BISHOP STREET. Prepared by: Dario Simoes, Associate Engineer Recommended Action: That the City Council approve Final Tract Map No. 16920 and authorize the City Clerk to sign the record map. 7. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2010-07. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Public Works Project No. 2010 -07. February 28, 2011 Page 6 8. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION SUPPORT SERVICES FOR THE MYRA AVENUE PUMP STATION NO. 2 PROJECT, PUBLIC WORKS PROJECT NO. 2008 -06. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council: 1) Award a contract for the Myra Avenue Pump Station Project, Public Works Project No. 2008 -06, in the amount of $2,434,920 to the lowest responsible bidder S.S. Mechanical Corporation, Huntington Beach, California, authorize a contingency of $365,238 (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 Support Services, in the amount of $193,940, within the existing agreement for On -Call Engineering Storm Drain Services for the Myra Avenue Pump Station Project, Public Works Project No. 2008 -06, to AKM Consulting Engineers, Inc., authorize a contingency of $29,091 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer. 9. CONSIDERATION OF ADOPTION OF A RESOLUTION IN OPPOSITION TO THE GOVERNOR'S PROPOSAL TO PERMANENTLY ELIMINATE REDEVELOPMENT AGENCIES IN CALIFORNIA. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, opposing the Governor's proposal to permanently eliminate redevelopment agencies in California. A Resolution of the City Council of the City of Cypress, Opposing the Governor's Proposal to Abolish Redevelopment Agencies in California. 10. APPROPRIATION OF REPLACEMENT FUNDS FOR A REPLACEMENT CARGO CONTAINER USED FOR POLICE PROPERTY STORAGE. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council approve an appropriation for $3,500 in the City's Equipment Replacement Fund (account number 721 95200.4305_300 Police Equipment) for the immediate replacement of the cargo container used to store police auction property and bulk evidence. February 28, 2011 Page 7 11. APPROPRIATION OF REPLACEMENT FUNDS FOR THE PURCHASE OF REPLACEMENT POLICE EQUIPMENT. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Approve the appropriation of $1,720 to account number 721 95300.4305_300 (Equipment Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a replacement monitor array for the wall- mounted information center in the Watch Commander's Office; and 2) Approve the appropriation of $6,000 to account number 721 95200.4305_300 (Computer Hardware /Software Police) from the Equipment Replacement Fund (721) fund balance for the purchase of replacement MapPoint software (version 2010) for use in police Mobile Data Computers (MDC's) within police vehicles; and 3) Approve the appropriation of $8,850 to account number 751 95200.4305_300 (Computer Hardware /Software Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a replacement Digital Persona Fingerprint Recognition software /hardware security system for Police Department desktop and MDC computers. 12. APPROPRIATION FROM THE NARCOTICS ASSET SEIZURE FUND FOR POLICE RANGE MAINTENANCE. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Approve the appropriation of $30,000 in account number 711- 70624- 7626.4187_016 (Other Maintenance Services) from the Unreserved Fund Balance of the City Central Services Fund for contracted range maintenance services; and 2) Approve the transfer of $11,200 from the General Fund Grants Fund (114- 99999.4501_711) to the City Central Services Fund (711- 99999.3091_114); and 3) Approve the transfer of $18,800 from the Narcotics Asset Seizure Fund (281- 99999.4501_711) to the City Central Services Fund (711-99999.3901_281). 13. APPROVAL OF THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND JOHN B. BAHORSKI. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council approve the Third Amendment to City Manager Employment Agreement Between the City of Cypress and John B. Bahorski. February 28, 2011 Page 8 14. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2011. 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 January, 2011. 15. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 16713 THROUGH 16866. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2010 -11. Recreation and Park District Matters: 16. ACCEPTANCE OF BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRAM. Prepared by: June Liu, Director of Recreation and Community Services NEW BUSINESS Recommended Action: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $5,000 from the Bandai Foundation via the Cypress Children's Advocacy Council; and 2) Increase estimated revenue 3713 -12 (Donations) by $5,000 and increase appropriations by $500 to account number 212 90310.4103_004 (Activity Supplies) and $4,500 to account number 212 90310.4104_015 (Activity Clothing) for the purchase of supplies, uniforms, and staff /coach shirts. No items. END OF CONSENT CALENDAR February 28, 2011 Page 9 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 (17) 17. CONSIDERATION OF ADOPTION OF A RESOLUTION IN OPPOSITION TO THE GOVERNOR'S PROPOSAL TO PERMANENTLY ELIMINATE REDEVELOPMENT AGENCIES IN CALIFORNIA. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the Cypress Redevelopment Agency adopt the Resolution by title only, title as follows, opposing the Governor's proposal to permanently eliminate redevelopment agencies in California. A Resolution of the Cypress Redevelopment Agency, Opposing the Governor's Proposal to Abolish Redevelopment Agencies in California. 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. February 28, 2011 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, March 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 23 day of February, 2011. laW)01, 4tiln 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, FEBRUARY 25, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.