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Agenda 2001-04-09 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 9, 2001 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room ROLLCALL MAYOR MIKE McGILL MAYOR PRO TEM LYDIA SONDHI COUNCILMEMBER TIM KEENAN COUNClLMEMBER FRANK McCOY COUNCILMEMBER ANNA L. PIERCY WORKSHOP SESSION COMMERCIAL AND INDUSTRIAL PARKING SPACE STANDARDS AND PARKING PROVISIONS FOR INFILL RESIDENTIAL HOUSING CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: Richard Storey and William W. Wynder Employee organization: Cypress Police Officers Association 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 Ifollowing A, genda. Supporting documents, including staff reports, are available for review in the lCity Clerk s office. I City Council Agendas/Minutes are available at www. ci. cypress, ca. us. I April 9, 2001 Page 2 PUBLIC EMPLOYEE DISCIPLINE/ DISMISSAL/RELEASE (Government Code Section 54957) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9 (a) Walters v. City of Cypress, et al. Case Number 00-113117-FMC United States District Court LIABILITY CLAIMS (Government Code Section 54956.95) Claimants: Wilburn E. Warman, Sandra L. Warman, Frank M. Hardy, Christina S. Hardy, and Frank V. Hardy Agency claimed against: City of Cypress JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CYPRESS REDEVELOPMENT AGENCYITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel Under negotiation: Price and Terms of Payment CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: Four April 9, 2001 Page 3 RECONVENE 7:00 p.m. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION AMERICAN LEGION POST #295 TO PRESENT DONATION TO CYPRESS POLICE DEPARTMENT D.A.R.E. 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, pdor 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. April 9, 2001 Page 4 PUBLIC HEARINGS (1 - 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. APPEAL OF PLANNING MANAGER'S DECISION REGARDING A CONDITIONAL USE PERMIT APPLICATION: A REQUEST, BY JONATHAN CURTIS OF SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP, TO APPEAL THE DECISION OF THE PLANNING MANAGER REGARDING THE COMPLETENESS OF A CONDITIONAL USE PERMIT APPLICATION FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET WITHIN AREA 5 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. PUBLIC HEARING REGARDING THE 2001-2008 CAPITAL IMPROVEMENT PROGRAM. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 200t-03, A REQUEST TO CONSTRUCT A PARKING LOT AREA ON THE PREVIOUS UNION PACIFIC RAILROAD PROPERTY LOCATED NORTH OF CHIP AVENUE BETWEEN VALLEY VIEW STREET AND HOLDER STREET IN THE PS PUBLIC & SEMI-PUBLIC ZONE TO PROVIDE BOTH PUBLIC AND SHARED PARKING FOR 10800 VALLEY VIEW STREET AND 10824 HOPE STREET WITHIN THE pC~, PLANNED COMMUNITY BUSINESS PARK ZONE. Motion to Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, California, Approving Conditional Use Permit No. 2001-03 - With Conditions. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar (Council) are to be approved with one motion unless a member of the Council or the public requests separate action on a specific item. April 9, 2001 Page 5 CONSENT CALENDAR (4 - 24) APPROVAL OF MINUTES Meeting of March 26, 2001. Recommended Action: Approve as submitted. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. PROCLAIMING THE MONTH OF APRIL, 2001, AS "FAIR HOUSING MONTH" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2001, as "Fair Housing Month" in the City of Cypress. PROCLAIMING APRIL 9-'15, 200'1, AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 9-15, 2001, as "National Public Safety Dispatcher Week" in the City of Cypress. PROCLAIMING APRIL t5-2'1, 2001, AS "NATIONAL ORGAN DONOR AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 15-21, 2001, as "National Organ Donor Awareness Week" in the City of Cypress. April 9, 2001 Page 6 APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-10, A City Initiated Request to Make a Minor Modification to the Sign Guidelines Contained in the Specific Plans for Various Business Park Developments Located in the PC-l, PC-2, PC-3, PC-4, PC-5, and PBP Planned Business Park Zones. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-10 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2001-10 - With Conditions. 10. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-55, A Request to Amend an Existing Sign Program Pertaining to Wall Signage for Multiple Tenants at the Existing Office/Warehouse Building Located at 5757 Plaza Drive. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-55 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2000-55 - With Conditions. 11. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-02, A Request to Approve Signage for the Taco Bell Drive-Thru Restaurant Located at 5502 Lincoln Avenue. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-02 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2001-02 - With Conditions. April 9, 2001 Page 7 12. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-05, A Request to Install a Building Wall Sign on the Building Located at 6601 Darin Way. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-05 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2001-05 - With Conditions. t3. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 200'1-06, A Request to Establish a Sign Program for Two (2) Office Buildings Located at 602t and 6`14`1 Katella Avenue. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-06 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2001-06 - With Conditions. 14. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 200`1-07, A Request to Install a Wall Sign and Monument Sign for Perkin Elmer Instruments Located at `1'1240 Warland Drive. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-07 - with conditions~ A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2001-07 - With Conditions. April 9, 2001 Page 8 ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommended Action: Adopt the Resolution by title only, title as follows, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. A Resolution of the City Council of the City of Cypress, Authorizing Submittal of Funding Request to the Department of Conservation's Division of Recycling Pursuant to the California Beverage Container Recycling and Litter Reduction Act. 16. ADOPTION OF RESOLUTION TO COMMEND BUENA PARK POLICE CHIEF RICHARD M. TEFANK UPON HIS RETIREMENT. Recommended Action: Adopt the Resolution by title only, title as follows, to commend Buena Park Police Chief Richard M. Tefank upon his retirement. A Resolution of the City Council of the City of Cypress, Commending Buena Park Police Chief Richard M. Tefank Upon His Retirement. t7. APPROVAL OF SETTLEMENT AGREEMENT IN THE CASE OF ROSALEE L. DEES V. CITY OF CYPRESS, ET AL. Recommended Action: That the City Council approve the attached Settlement Agreement between Rosalee L. Dees, the City of Cypress, S.J. Burkhardt, Inc., and Mt. Hawley Insurance Company. April 9, 2001 Page 9 18. ACCEPTANCE OF BALL ROAD IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 9840, AND WALKER STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 9841. Recommended Action: That the City Council: 1) Accept the improvements and six (6) related change orders for Ball Road Improvements, Public Works Project No. 9840, as being satisfactorily completed in conformance with the project specifications in the final amount of $1,230,801.29; and 2) Accept the improvements and one (1) related change order for Walker Street Rehabilitation, Public Works Project No. 9841, as being satisfactorily completed in conformance with the project specifications in the final amount of $129,963.19; and 3) Approve the final retention payment of $136,076.45 to All American Asphalt, P.O. Box 2229, Corona, California 92878- 2229, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed, and upon concurrence of Director of Public Works; and 4) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, and upon concurrence of the Director of Public Works. 19. AWARD OF A FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS, PUBLIC WORKS PROJECT NO. 2000-23. Recommended Action: That the City Council direct the City Attorney and staff to prepare the necessary agreement to provide a franchise for a ten year period to Culver Amherst, LLC, 17472 Apex Circle, Huntington Beach, California 92647, per the details in the City's Request for Franchise Proposals and the terms of their proposal as outlined in this report, and return to City Council at a subsequent meeting for approval of this agreement. April 9, 2001 Page 10 20. RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR CONSTRUCTION OF THE POLICE DEPARTMENT FIRING RANGE AND TRAINING FACILITY. Recommended Action: That the City Council: 1) Award a professional architectural services contract for preparation of final plans, specifications, and estimates for the construction of the police department firing range and training facility to Alexander and Hibbs, AIA incorporated, 1200 North Jefferson Street, Suite A, Anaheim, California 92807. The costs of these services are not to exceed $49,928 (award amount of $47,550 plus 5% contingency); and 2) Approve the transfer of $49,928 from the unreserved General Fund balance to Fund 15 Capital Improvement Projects Program, and 3) Appropriate $49,928 from the fund balance of Fund 15 to Account No. 4189-15-844-24 for the payments of architectural services. 21. APPROVAL OF AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR REDEVELOPMENT AGENCY AND SPEClALCOUNSELSERVlCES. Recommended Action: That the City Council approve the attached Amended and Restated Contract Services Agreement for Redevelopment Agency and Special Counsel Services as submitted. 22. AWARD OF CONTRACT FOR PREPARATION OF CITY'S SEWER MASTER PLAN AND APPROVAL OF AMENDMENT TO THE SEWER MASTER PLAN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT, PUBLIC WORKS PROJECT NO. 2000-06. Recommended Action: That the City Council: 1) Award a contract to AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine, California 92618, in the amount of $70,000 for Preparation of City's Sewer Master Plan; and 2) Appropriate $70,000 from the Unreserved Fund Balance of the Sewer Fund to Account No. 4189-11-436-24; and 3) Approve an increase in the estimated revenues (Other Grants, 3525-41) in the amount of $35,000 to reflect reimbursement from Orange County Sanitation District; and 4) Authorize the Mayor to execute the agreement with AKM Engineering; and 5) Authorize the Mayor to execute Amendment No. 1 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District; and 6) Authorize staff to submit an application to Orange County Sanitation District requesting matching funds for a Condition Assessment Plan project to supplement the Sewer Master Plan project. April 9, 2001 Page 11 23. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 47776 THROUGH 47976. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 24. EMPLOYEE REQUEST FOR AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, deny the attached employee request for leave without pay. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (25) 25. SECOND READING OF ORDINANCE TO ADOPT THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER PROJECT. Recommended Action: That the City Council Adopt the Ordinance by Title Only and Waive Further Reading. An Ordinance of the City Council of the City of Cypress, Adopting the Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project. UNFINISHED BUSINESS (26) 26. CONSIDERATION OF WRITTEN RESPONSES TO WRITTEN OBJECTIONS SUBMITTED IN CONNECTION WITH THE SECOND AMENDMENT TO THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. A Resolution of the City Council of the City of Cypress, Adopting the Written Responses to Written Objections on the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area and the Negative Declaration Prepared in Connection with the Second Amendment. April9, 2001 Page 12 NEW BUSINESS RECREATION & PARK DISTRICT MATTERS (27) The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. 27. ACCEPTANCE OF $380 DONATION FROM THE GILES FAMILY, AND THE APPROPRIATION OF $380 FOR PURCHASE OF A PARK BENCH TO BE PLACED AT OAK KNOLL PARK. 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 $380 from Kenneth and Dianne Giles, and increase the Recreation and Park District estimated revenue account #3713 (Donations) by $380; and 2) Appropriate $380 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4113-12- 301-10 for the purchase of one park bench to be placed at Oak Knoll Park. CYPRESS REDEVELOPMENT AGENCY MATTERS (28-30) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 28. APPROVAL OF AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR REDEVELOPMENT AGENCY AND SPECIAL COUNSEL SERVICES. Recommended Action: That the Redevelopment Agency approve the attached Amended and Restated Contract Services Agreement for Redevelopment Agency and Special Counsel Services as submitted. April 9, 2001 Page 13 29, APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT SUPPORT SERVICES AND APPROPRIATION OF FUNDS. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Approve the Consultant Services Agreement ("Agreement") with the Rosenow Spevacek Group, Inc., to provide project management staff services on a consulting basis in a total amount not to exceed $20,000; and 2) Approve appropriations from the respective unreserved Agency fund balances as follows: From the Housing Set Aside Fund (Fund 36) to account 4189-36-196-06 (professional services housing) in the amount of $4,000; From the Lincoln Avenue Project Area Fund (Fund 37) to account 4189-37-195-06 (professional services Lincoln Avenue) in the amount of $2,000; From the Civic Center Project Area Fund (Fund 35) to account 4189-35-194-06 (professional services Civic Center) in the amount of $7,000; From the LART Project Area Fund (Fund 38) to account 4189-38-197-06 (professional services LART) in the amount of $7,000. Unfinished Business: 30. ORDINANCE ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND THE NEGATIVE DECLARATION PREPARED IN CONNECTION TO THE SECOND AMENDMENT. A Resolution of the Redevelopment Agency of the City of Cypress, Adopting the Negative Declaration Prepared in Connection with the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. A Resolution of the City Council of the City of Cypress, Adopting the Negative Declaration Prepared in Connection with the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. An Ordinance of the City Council of the City of Cypress, Adopting the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project. April 9, 2001 Page 14 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, April 23, 2001, 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 5t' day of April, 2001. Jill R. Ingram-Guertin, 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 6, 200'1, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.