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Agenda 2001-09-24 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 24, 2001 5:30 P.M.,7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL, 5275 Orang CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room ROLLCALL MAYOR MIKE McGILL MAYOR PRO TEM LYDIA SONDHI COUNCILMEMBER TIM KEENAN COUNCILMEMBER FRANK McCOY COUNClLMEMBER ANNA L. PIERCY WORKSHOP SESSION PRESENTATION BY ART LEAHY, CHIEF EXECUTIVE OFFICER, ORANGE COUNTY TRANSPORTATION AUTHORITY IThis Agenda contains a bdef 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. I September 24, 2001 Page 2 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One RECONVENE 7:00 p.m. Council Chambers VOCAL INSPIRATION INVOCATION MOMENT OF SILENCE "A TRIBUTE TO OUR GREAT NATION" POSTING OF COLORS Cypress Police Department Honor Guard PLEDGE OF ALLEGIANCE Orange County Fire Authority Firefighter Gary Kuhl "God Bless America" by Sergeant Tara Reppert, Joint Forces Training Base 63rd Regional Support Command Chaplain Gerry Fox PRESENTATIONS PRESENTATION BY JERRY SHULTZ, COUNCILMAN, CITY OFLONG BEACH, REGARDING THEFIFTH ANNUAL VETERANS DAY PARADE ON SATURDAY, NOVEMBER10,2001,1N LONG BEACH. PRESENT PROCLAMATION TO ORANGE COUNTY FIRE AUTHORITY, PROCLAIMING OCTOBER 7-13, 2001, AS "FIRE PREVENTION WEEK" IN THE CITY OF CYPRESS. REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATFORNEY September 24, 2001 Page 3 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. PUBLIC HEARINGS (1-4) 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 CONDITIONAL USE PERMIT NO. 2001-12, A REQUEST TO ALLOW AN EXISTING ROOF-MOUNTED TELECOMMUNICATIONS ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING LOCATED AT 5865 KATELLA AVENUE. 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, Approving Conditional Use Permit No. 2001-12 -With Conditions. September 24, 2001 Page 4 PUBLIC HEARING REGARDING VACATION OF PORTION OF LANDSCAPE EASEMENT, TRACT NO. 15754. 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, Vacating Portion of Landscape Easement Along North Side of Peppertree Way, Tract No. 15754. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO SECTION 15C-10 (J) OF THE CYPRESS CITY CODE, REGARDING BINGO GAMES - HOURS, DAYS OF OPERATION. Motion to Introduce for First Reading the Ordinance Presented for Consideration by Title Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Amending Section 15C-10 (J) of the Cypress Bingo Games Ordinance, Regarding Hours, Days of Operation. 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. CONSENT CALENDAR (5-18) APPROVAL OF MINUTES Meetings of September 10 and September 17, 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 OCTOBER 7-13, 2001, AS "FIRE PREVENTION WEEK" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim October 7-13, 2001, as "Fire Prevention Week" in the City of Cypress. September 24, 2001 Page 5 PROCLAIMING SEPTEMBER 15-OCTOBER 15, 2001, AS "HISPANIC HERITAGE MONTH" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim September 15-October 15, 2001, as "Hispanic Heritage Month" in the City of Cypress. ADOPTION OF RESOLUTION APPROVING THE CITY'S DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR FEDERAL FISCAL YEAR 2001-2002. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, adopting a Disadvantaged Business Enterprise Program for all capital improvement projects undertaken by the City of Cypress that will receive United States Department of Transportation funding, and establishing a Disadvantaged Business Enterprise Goal for the Federal Fiscal Year 2001-02; and 2) Establish the City's annual Disadvantaged Business Enterprises (DBE) goal for the period October 1,2001 through September 30, 2002, to be 5.4%. A Resolution of the City Council of the City of Cypress, Adopting a Disadvantaged Business Enterprise Program for All Capital Improvement Projects Undertaken by the City of Cypress That Will Receive United States Department of Transportation Funding, and Establishing a Disadvantaged Business Enterprise Goal for the Federal Fiscal Year 2001-02. 10. ADOPTION OF RESOLUTION TO APPROVE FILING FOR GRANT FUNDS FOR THE PER CAPITA PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the applicant to apply for grant funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. A Resolution of the City Council of the City of Cypress, Approving the Applicant to Apply for Grant Funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. September 24, 2001 Page 6 11. ADOPTION OF RESOLUTION TO APPROVE THE FILING OF AN APPLICATION FOR BLOCK GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the application for grant funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. A Resolution of the City Council of the City of Cypress, Approving the Application for Grant Funds for the Roberti- Z'Berg-Harris Urban Open Space and Recreation Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 12. ADOPTION OF AMENDMENT NO. 4 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommended Action: That the City Council approve Amendment No. 4 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said Agreement. 13. RENEWAL OF AGREEMENT FOR SHARED COURT LIAISON SERVICES BETWEEN THE CITIES OF CYPRESS, LOS ALAMITOS AND SEAL BEACH. Recommended Action: That the City Council authorize the City Manager to execute renewal of the contract agreement with the Cities of Los Alamitos and Seal Beach for Cypress to provide law enfomement court liaison services to those municipalities on a contractual basis. September 24, 2001 Page 7 14. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH JOHN BATES ASSOCIATES, INC., FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE CIVIC CENTER EXPANSION AND RENOVATION PROJECT. Recommended Action: That the City Council: 1) Approve the Contract Services Agreement with John Bates Associates, Inc. in the amount of $65,587.00 for architectural and design services for the Civic Center expansion and renovation project; and 2) Approve transfer of $65,587.00 from Unreserved Fund Balance of the General Fund to the Capital Projects Fund (15); and 3) Appropriate $65,587.00 from the Capital Projects Fund Balance to Account 4189-15-845-24 (Professional Services Civic Center Expansion/Renovation). 15. APPROVAL OF FISCAL YEAR 2000-01 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS. Recommended Action: That the City Council: Authorize the appropriation of funds in Fiscal Year 2001-02 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 343,743 15 Capital Projects Fund 1,358,376 22 Special Gas Tax Fund 244,207 25 Lighting District Fund 10,907 26 Local Drainage Facility Fund 145,587 35 Civic Center Redevelopment Fund 8,887 36 Low and Mod Housing Fund 95,158 37 Lincoln Ave. Redevelopment Fund 38,391 38 Race Track Redevelopment Fund 4,047 39 Measure M Gas Tax Fund 330,248 40 AB 2766 Fund 4,106 41 Sewer Fund 117,419 76 Central Services Fund 40,019 90 Capital Replacement Fund 654,631 TOTAL ~ September 24, 2001 Page 8 FROM Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2001-02 as listed below: TO AMOUNT 11 General Fund 12 Rec & Park District $ 59,588 11 General Fund 15 Capital Projects 26,908 11 General Fund 22 Special Gas Tax 70,653 11 General Fund 90 Capital Replacement 130,798 22 Special Gas Tax 15 Capital Projects 13,603 28 Narcotics Asset 90 Capital Replacement 28,135 Seizure 30 Supp Law 90 Capital Replacement 111,320 Enforcement 39 Measure M Gas 22 Special Gas Tax 173,594 Tax TOTAL $614.599 Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2001-02: 15 Capital Projects 39 Measure M Gas Tax TOTAL $ 730,000 343,339 $1.073.33~9 Authorize the appropriation of funds in Fiscal Year 2001-02 for items encumbered at June 30, 2001 as detailed in Attachment B and summarized below: 11 General Fund 15 Capital Projects Fund 22 Special Gas Tax 2106 Fund 26 Local Drainage Facility Fund 28 Narcotics Asset Seizure Fund 30 Supplemental Law Enfomement Fund 34 Mello Roos Fund 35 Civic Center Redevelopment 36 Low and Moderate Housing Fund 37 Lincoln Ave Redevelopment 38 Race Track Redevelopment 39 Measure M Gas Tax Fund 41 Sewer Fund 56 Assessment District Debt Service 76 Central Services Fund 90 Capital Replacement Fund TOTAL $141,871 54,088 14,961 8,860 2,979 1,123 5,000 1,72O 4,258 3,720 32,250 63,197 70,000 2,500 12,585 47,663 $466.775 September 24, 2001 Page 9 16. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2001. Recommended Action: Receive and file. 17. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 50320 THROUGH 50435. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 18. APPROVAL OF FISCAL YEAR 2000-01 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: Authorize the appropriation of funds in Fiscal Year 2001-02 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 12 General Fund 83 Central Services Fund TOTAL $370,433 2,500 Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2001-02 as listed below: FROM TO AMOUNT 11 General Fund 12 Rec & Park Dist 13 Park Dev. Fund TOTAL 12 Rec & Park District 83 Central Services Fund 12 Rec & Park District $ 59,588 2,500 190,463 Authorize the appropriation of funds in Fiscal Year 2001-02 for items encumbered at June 30, 2001 as detailed in Attachment B and summarized below: 12 Recreation & Park District $71.472 September 24, 2001 Page 10 END OF CONSENT CALENDAR NEW BUSINESS UNFINISHED BUSINESS RECREATION & PARK DISTRICT MA~-I'ERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MA'n'ERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. 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 eOther Items ITEMS FROM CITY MANAGER ADJOURNMENT in memory of the victims of the terrorist tragedies in New York, Pennsylvania, and Washington D.C. on Tuesday, September 11, 2001; and Joseph White, Senior Citizens Commissioner, who passed away on September 10, 2001. The next meeting will be a Regular Meeting, to be held on Monday, October 8, 2001, beginning at 5:30 p.m. in the Executive Board Room. September 24, 2001 Page 11 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 20th day of September, 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, SEPTEMBER 21, 2001, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.