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 except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each.
WORKSHOP SESSION
PAVEMENT MANAGEMENT PROGRAM
ARTIFICIAL TURF
Recess the meeting to Closed Session.
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 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
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/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 (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 by: 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 by: 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.
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 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 MAY 10-16, 2009 AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS.
Prepared by: 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 by: 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 by: Denise Basham, 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.
8. ADOPTION OF A RESOLUTION APPROVING THE CITY’S PARTICIPATION IN THE COUNTY ADMINISTERED 2009 MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM.
Prepared by: Steve Clarke, Redevelopment Project 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 by: 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 by: Keith Carter, Associate Engineer/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.
11. ADOPTION OF A RESOLUTION APPROVING THE RACE-CONSCIOUS DISADVANTAGED BUSINESS ENTERPRISE IMPLEMENTATION AGREEMENT.
Prepared by: Nick Mangkalakiri, Assistant Engineer
Recommended Action: That the City Council: 1) Authorize the Director of Public Works to enter into a Race-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 NO. 2008-24, AND ORANGE AVENUE, PUBLIC WORKS PROJECT NO. 2008-32.
Prepared by: 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.
13. APPROVAL OF COUNTY PROPOSITION 42 – CITY AID PROGRAM (CAP) AGREEMENT FOR FISCAL YEAR 2009-10.
Prepared by: 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 by: 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 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 March, 2009.
16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS
NO. 90771 THROUGH 90956.
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, 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 22nd day of April, 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, APRIL 24, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.