AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MARCH 9, 2009

Public Hearings at 7:00 P.M.
Council Chambers
5275 Orange Avenue
CYPRESS, CALIFORNIA

CALL TO ORDER 5:00 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 except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each.

WORKSHOP SESSION

CONSIDERATION OF NON-PROFIT CONTRIBUTION GRANT REQUESTS FOR FISCAL YEARS 2009-10 AND 2010-11 (PART ONE)

MOODY STREET BEAUTIFICATION, PUBLIC WORKS PROJECT NO. 2008-04

Recess the meeting to Closed Session.

CLOSED SESSION

CITY OF CYPRESS ITEMS:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 59456.9(a)
Melim v. City of Cypress
Case No. 30-2009-00117552
Orange County Superior Court

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

CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Negotiators:  John B. Bahorski, Richard Storey
Employee Groups:
Cypress Police Officers Association

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1)
Title:  City Clerk

RECONVENE     7:00 P.M.
Council Chambers

PLEDGE OF ALLEGIANCE             

INVOCATION                                    

PRESENTATIONS

RECOGNITION OF BOYS AND GIRLS CLUB VOLUNTEERS BILL AND GAY HANNAH

REPORT OF WORKSHOP AGENDA/CLOSED SESSION

CITY MANAGER/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.

PUBLIC HEARINGS
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. 2009-01, A REQUEST TO CONSTRUCT A MONOPALM-TYPE ANTENNA FACILITY LOCATED AT 6046 LINCOLN AVENUE 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. 2009-01, 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. 2009-01
- 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.

CONSENT CALENDAR (2 – 9)

2.   APPROVAL OF MINUTES - Meeting of February 23, 2009
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.   DESIGN REVIEW COMMITTEE PERMIT NO. 2009-01, A REQUEST BY THE ANAHEIM UNION HIGH SCHOOL DISTRICT TO REPLACE AN EXISTING POLE SIGN WITH A NEW MONUMENT SIGN FOR THE OXFORD ACADEMY SCHOOL SITE LOCATED AT 5172 ORANGE AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.
Prepared by:  Doug Hawkins, Planning Manager

Recommended Action:  That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2009-01, subject to the conditions in Exhibit “A” of the Resolution.

A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2009-01
- With Conditions.

5. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REPAIR ON CERRITOS AVENUE (PUBLIC WORKS PROJECT NO. 2008-24) AND ORANGE AVENUE (PUBLIC WORKS PROJECT NO. 2008-32).
Prepared by:  Jim Gorin, Associate Engineer

Recommended Action:  That the City Council approve the plans and specifications for Sewer Repair on Cerritos Avenue (Public Works Project No. 2008-24) and Orange Avenue (Public Works Project No. 2008-32).

6. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF EMERGENCY GENERATOR AND ELECTRICAL PANELS AT CITY HALL, PUBLIC WORKS PROJECT NO. 2007-17.
Prepared by:  Jim Gorin, Associate Engineer

Recommended Action:  That the City Council approve the plans and specifications for Replacement of Emergency Generator and Electrical Panels at City Hall, Public Works Project No. 2007-17.

7. AWARD OF CONSTRUCTION CONTRACT FOR THE 2008/09 SLURRY SEAL PROJECT, APPROVAL OF AMENDMENT TO THE CONSTRUCTION CONTRACT, AND AWARD OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, PUBLIC WORKS PROJECT NO. 2008-13.
Prepared by:  Nick Mangkalakiri, Assistant Engineer

Recommended Action:  That the City Council: 1) Award a contract for the 2008/09 Slurry Seal Project, Public Works Project No. 2008-13, in the amount of $1,388,130, to the lowest responsible bidder, All American Asphalt, Corona, California; and 2) Authorize the City Manager to negotiate a Supplemental Agreement per the Standard Specifications of Public Works Construction for adding additional work to the project, in an amount not to exceed $444,843; and 3) Authorize a contingency of $274,946 (15% of bid amount plus the Supplemental Agreement), and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 4) Approve a Task Order for Construction Management and Inspection Services, in the amount of $102,200, within the existing agreement for On-Call Construction Management/Inspection/Engineering Services, for 2008/09 Slurry Seal Project (Project No. 2008-13), to Jacobs Field Services North American, Inc. (Jacobs), and authorize a contingency of $15,330 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works/City Engineer to act as Contract Officer.

8. APPROPRIATION FOR THE PURCHASE OF AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) PUBLIC SAFETY VESTS.
Prepared by:  Mark Yokoyama, Chief of Police

Recommended Action:  That the City Council appropriate $3,246 from the Unreserved Fund balance of the General Fund to account 4113-11-163-05 (Small Tools and Equipment – Police) for the purchase of seventy (70) American National Standards Institute (ANSI) public safety vests.

9.   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 90141 THROUGH 90352.
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 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.

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 23, 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 4th day of March, 2009.

________________________________
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 6, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.