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Agenda 2011-03-28CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 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. 1 March 28, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION Pursuant to California law, "a person may not disclose confidential information that has been acquired by being present in a closed session... to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information." (Gov. Code 54963(a).) Any "[v]iolation of [Government Code 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information...; (2) disciplinary action against [a person] who has willfully disclosed confidential information....; [and /or] (3) referral of a member of a legislative body who has willfully disclosed confidential information... to a grand jury." (Gov. Code 54963(c).) ROLL CALL INVOCATION CITY OF CYPRESS ITEMS: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(1) (3)(A) Number of Cases: One RECONVENE 7:00 P.M. Council Chambers 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 PLEDGE OF ALLEGIANCE CAMP FIRE USA: "Wa Di Ta Ka Group" Tyler Pike and Vicki Camp, Leaders March 28, 2011 Page 3 PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY PRESENT PROCLAMATION TO THE WEST CITIES POLICE COMMUNICATIONS CENTER PROCLAIMING THE WEEK OF APRIL 10 -16, 2011 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS PRESENT PROCLAMATION TO DONATE LIFE CALIFORNIA PROCLAIMING THE MONTH OF APRIL 2011 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS RECOGNITION OF CYPRESS POLICE OFFICER MORALES MADD SERVICE AWARD RECOGNITION OF CYPRESS POLICE OFFICER LEE, SERGEANT COTE, AND SERGEANT TIMNEY AMERICAN LEGION 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. March 28, 2011 Page 4 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. 2011-03, A REQUEST TO ESTABLISH A BINGO GAMING OPERATION WITHIN AN EXISTING OFFICE BUILDING LOCATED AT 5856 CORPORATE AVENUE IN THE PC -5 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2011 -03, 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 -03 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. Ordinances on the Consent Calendar should be read by title only prior to taking any action. CONSENT CALENDAR (2 16) 2. APPROVAL OF MINUTES. Meetings of March 8 and March 14, 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. March 28, 2011 Page 5 4. PROCLAIMING THE WEEK OF APRIL 10 -16, 2011 AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of April 10 -16, 2011 as "National Public Safety Dispatcher Week" in the City of Cypress. 5. PROCLAIMING THE MONTH OF APRIL 2011 AS "DMV /DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the month of April 2011 as "DMV /Donate Life California Month" in the City of Cypress. 6. PROCLAIMING THE WEEK OF MAY 1 -8, 2011 AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of May 1 -8, 2011 as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress. 7. APPROVAL OF PLANS AND SPECIFICATIONS FOR LEFT TURN SIGNAL MODIFICATION ON VALLEY VIEW STREET AT ORANGEWOOD AVENUE AND FRED DRIVE, PUBLIC WORKS PROJECT NO. 2010 -10. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council approve the plans and specifications for Left Turn Signal Modification on Valley View Street at Orangewood Avenue and Fred Drive, Public Works Project No. 2010 -10. March 28, 2011 Page 6 8. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE MOODY STREET BEAUTIFICATION PROJECT, PUBLIC WORKS PROJECT NO. 2008 -04. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council: 1) Award a contract for the Moody Street Beautification Project, Public Works Project No. 2008 -04, in the amount of $1,225,000, to the lowest responsible bidder All- American Asphalt, Corona, California, authorize a contingency of $183,750 (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 and Inspection Services, in the amount of $154,073, within the existing agreement for On -Call Construction Management/Inspection /Engineering Services, for the Moody Street Beautification Project, Public Works Project No. 2008 -04, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $23,110 (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. ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Auditor's Letter to City Council. 10. ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the report on Agreed -Upon Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending June 30, 2011. March 28, 2011 Page 7 11. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2010. 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 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 February, 2011. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17090 THROUGH 17242. 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 Park District Matters: 14. ACCEPTANCE OF THE CYPRESS RECREATION AND PARK DISTRICT'S AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the Auditor's Letter to City Council. March 28, 2011 Page 8 15. ACCEPTANCE OF THE REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed -Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the Fiscal Year Ending June 30, 2011. 16. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the report. NEW BUSINESS No items. No items. END OF CONSENT CALENDAR RECREATION PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. March 28, 2011 Page 9 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. LOW AND MODERATE INCOME HOUSING FUND APPROPRIATION. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the Cypress Redevelopment Agency approve an appropriation for consulting services relating to the Agency -owned property located at 6122 Lincoln Avenue from the unreserved fund balance of the Low and Moderate Income Housing Fund in the amount of $15,000 to account number 451-61197.4189_008. 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 March 28, 2011 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, April 11, 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 March, 2011. tc,oe_ OcLof‘ayy) 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, MARCH 25, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. Page 10