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.