Agenda 2001-11-13 AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 13, 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
ROLL CALL
MAYOR MIKE McGILL
MAYOR PRO TEM LYDIA SONDHI
COUNCILMEMBER TIM KEENAN
COUNClLMEMBER FRANK McCOY
COUNCILMEMBER ANNA L. PIERCY
WORKSHOP SESSION
ESTABLISHMENT OF RECOGNITION
AWARDS CRITERIA AND COUNCIL
PRESENTATION FORMAT
CLOSED SESSION
LIABILITY CLAIMS
(Government Code Section 54956.95)
Claimant: Phat Cong Huynh
Agency claimed against: City of Cypress
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
following Agenda. Supporting documents, including staff reports, are available for review in the
City Clerk's office,
City Council A~lendas/Minutes are available at www. ci. cypress.ca.us. I
November 13, 2001 Page 2
EXISTING LITIGATION
(Government Code Section 54956.9 (a)
Gauthier v. City of Cypress, et al.
Case Number 01WL2047
Orange County Superior Court
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 AGENCYITEMS:
CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION (Pursuant to
Government Code Section 54956.9(b)
Number of cases: Five
RECONVENE
7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
PRESENT RESOLUTION RECOGNIZING THE
JAMISON FAMILY AS THE 2001 CYPRESS
FAMILY OF THE YEAR
DISCUSSION RELEVANT TO TRAFFIC
ISSUES WITHIN DISTRICT 13
November 13, 2001 Page 3
REPORT OF WORKSHOP AGENDA/
CLOSED SESSION
CITY MANAGER
CITY ATrORNEY
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 (1-6)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended By The City Council.
PUBLIC HEARING REGARDING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
PROPOSED VETERANS PARK SKATE PLAZA.
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,
Certifying as to its Review of the Final Environmental Impact
Report for the Skate Plaza at Veterans Park and Making
Certain Findings.
November 13, 2001 Page 4
PUBLIC HEARING REGARDING AN EXTENSION OF THE
AMENDED CONDITIONAL USE PERMIT NO. 97-3, A
REQUEST TO PERMANENTLY ALLOW SUNDAY SALES
OPERATIONS FOR THE EXISTING USED AUTOMOBILE
SALES LOT LOCATED AT 9060 WALKER STREET IN THE
PC PLANNED COMMUNITY 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,
Approving the Permanent Extension of Sunday Sales
Operations Under the Amended Conditional Use Permit No.
97-3 - With Revised Conditions.
PUBLIC HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2001-14, A REQUEST TO OPERATE A
PRESCHOOL USE IN AN EXISTING COMMERCIAL
BUILDING LOCATED AT 6300 LINCOLN AVENUE IN THE
PC PLANNED COMMUNITY 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,
Approving Conditional Use Permit No. 2001-14 -
Conditions.
With
PUBLIC HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2001-16, A REQUEST TO ESTABLISH A
COMPUTER RENTAL AND INTERNET ACCESS BUSINESS
LOCATED AT 6927 KATELLA AVENUE IN THE PC-1
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,
Approving Conditional Use Permit No. 2001-16 - With Conditions.
November 13, 2001 Page 5
PUBLIC HEARING REGARDING ZONING ORDINANCE
AMENDMENT NO. 2001-05, A CITY-INITIATED AMENDMENT TO
THE CYPRESS ZONING ORDINANCE, DIVISION 2 - ANTENNAS,
TABLE 19.13, ANTENNA REGULATIONS, MODIFYING THE
MAXIMUM NUMBER OF ANTENNAS PERMI'I-I'ED PER LOT IN
THE COMMERCIAL, INDUSTRIAL, AND PUBLIC/SEMI-PUBLIC
ZONES.
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 the Cypress City Code, Appendix I - Zoning,
Section 19, Division 2, Table 19.13 (Antenna Regulations) Relating to
the Maximum Number of Antennas Per Lot.
PUBLIC HEARING RELATED TO THE REALLOCATION OF
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
MONIES.
Recommendation:
a. That City Council conduct a public hearing consistent
with the legal mandates associated with the Citizens'
Option for Public Safety/Supplemental Law
Enforcement Services Fund; and
That City Council appropriate $170,000 to the
Supplemental Law Enforcement Services Fund (Fund
30), accounts 4001-30-181-05 ($100,000) and 4006-
30-181-05 ($70,000) for the salaries and fringe
benefits for the two (2) new police officer positions,
which the City Council approved for the Fiscal Year
2001-2002 budget; and
That City Council appropriate $3,800 to Supplemental
Law Enforcement Services Fund (Fund 30), account
4113-30-181-05 for the purchase of all equipment
needed to fully outfit the two (2) police officer positions;
and
That City Council transfer $14,500 from the
Supplemental Law Enforcement Services Fund (Fund
30) to Fund 90, (Capital Replacement Fund) for the
purchase of one (1) police motorcycle; and
November 13, 2001 Page 6
That City Council transfer $15,000 from the
Supplemental Law Enforcement Services Fund (Fund
30) to Fund 90, (Capital Replacement Fund) and
appropriate $15,000 from the fund balance of the
Capital Replacement Fund to account 4305-90-656-35
for the purchase of one (1) 800 MHz motorcycle radio
and two (2) hand-held radios; and
That City Council reduce the appropriation of the
General Fund (Fund 11 ) by $170,000 in accounts
4001-11-163-05 ($100,000) and 4006-11-163-05
($70,000). These costs will be funded by the
Supplemental Law Enforcement Services Fund (Fund
30); and
That City Council reduce the transfer from General
Fund (Fund 11 ) to Capital Replacement Fund (Fund
90) by $14,500. These costs will be funded by the
Supplemental Law Enforcement Services Fund (Fund
30); and
That City Council approve the transfer of $250,000
from the General Fund (Fund 11 ) to the Capital
Improvement Fund (Fund 15) for the shooting range
and training facility; and
That City Council appropriate $250,000 from the fund balance
of the Capital Improvement Fund (Fund 15) to account 4186-
15-844-24 for the shooting range and training facility.
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 (7-19)
APPROVAL OF MINUTES
Meeting of October 22, 2001.
Recommended Action: Approve as submitted.
o
MOTION TO INTRODUCE AND/OR ADOPT ALL
ORDINANCES AND RESOLUTIONS PRESENTED FOR
CONSIDERATION BY TITLE ONLY AND TO WAIVE
FURTHER READING.
November 13, 2001 Page 7
PROCLAIMING NOVEMBER, 2001, AS "INFLUENZA
PREVENTION MONTH" IN THE CITY OF CYPRESS.
Recommended Action: That the Mayor and City Council
officially proclaim November, 2001, as "Influenza Prevention
Month" in the City of Cypress.
10.
ADOPTION OF RESOLUTION RECOGNIZING THE
JAMISON FAMILY AS THE 2001 CYPRESS FAMILY OF
THE YEAR.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, recognizing the
Jamison Family as the 2001 Cypress Family of the Year.
A Resolution of the City Council of the City of Cypress,
Recognizing the Jamison Family as the 2001 Cypress Family
of the Year.
11.
ADOPTION OF RESOLUTION TO CONTINUE CITY
PARTICIPATION IN THE ORANGE COUNTY SERVICE
AUTHORITY FOR ABANDONED VEHICLES.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, concerning
continuation in the Orange County Service Authority for
Abandoned Vehicles.
A Resolution of the City Council of the City of Cypress,
Concerning Continuation in the Orange County Service
Authority for Abandoned Vehicles.
12.
ADOPTION OF RESOLUTION SUPPORTING THE
CALIFORNIA-NEVADA SUPER SPEED TRAIN
COMMISSION AND THE LAS VEGAS-ANAHEIM MAGLEV
PROJECT.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, supporting the
California-Nevada Super Speed Train Commission and the
Las Vegas-Anaheim Maglev Project.
A Resolution of the City Council of the City of Cypress,
Supporting the California-Nevada Super Speed Train
Commission and the Las Vegas-Anaheim Maglev Project.
November 13, 2001 Page 8
13.
ADOPTION OF RESOLUTION ESTABLISHING AN AMOUNT
AT WHICH BIDDING IS NOT REQUIRED PURSUANT TO
SECTION 21A-10 OF THE CODE OF THE CITY OF
CYPRESS.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, establishing an amount
at which bidding is not required pursuant to Section 21A-10 of
the Code of the City of Cypress.
A Resolution of the City Council of the City of Cypress,
Establishing an Amount at Which Bidding is Not Required
Pursuant to Section 21A-10 of the Code of the City of
Cypress.
14.
ACCEPTANCE OF RESURFAClNG OF PUBLIC FACILITIES
PARKING LOT, PUBLIC WORKS PROJECT NO. 2001-19.
Recommended Action: That the City Council: 1) Approve
Contract Change Order No. 1 to Eagle Asphalt Construction,
Inc., in the amount of $10,807.86; and 2) Accept the
improvements for Resurfacing of Public Facilities Parking Lot,
Public Works Project No. 2001-19, as being satisfactorily
completed in conformance with the project specifications in
the final amount of $52,971.26; and 3) Approve the final
retention payment of $5,297.13 to Eagle Asphalt Construction,
Inc., 1126 Clorinda Drive, Diamond Bar, California 91789,
thirty-five (35) days after the Notice of Completion is filed, if no
claims or objections have been filed, and upon concurrence of
the 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.
15.
AWARD OF CONTRACT TO PURCHASE ENGINEERING
DIVISION WORKSTATIONS.
Recommended Action: That the City Council award a contract
to purchase workstations for the Engineering Division from
BKM Total Office of California, 1201 Belle Avenue, Tustin,
California 92780, in the amount of $35,479.29.
November 13, 2001 Page 9
16.
AUTHORIZATION TO SUBMIT AN APPLICATION TO
ORANGE COUNTY SANITATION DISTRICT REQUESTING
MATCHING FUNDS FOR A FLOW MONITORING PROJECT.
Recommended Action: That the City Council authorize staff to
submit an application to Qrange County Sanitation District for
a Flow Monitoring Project, which will provide additional
inflow/infiltration data needed for completion of the Sewer
Master Plan project and Sewer Condition Assessment Plan.
17.
AMENDMENT TO THE CITY'S POSITION CLASSIFICATION
PLAN REVISING THE CLASSIFICATION SPECIFICATION
FOR THE POSITIONS OF ACCOUNT CLERK 1/11.
Recommended Action: That the City Council, and acting as
the ex-officio governing Board of Directors of the Cypress
Recreation and Park District, adopt the attaohed updated
class specification for the regular full-time positions of Account
Clerk 1/11.
18.
APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 50881 THROUGH 51096.
Recommended Action: Approve the attached warrant register.
Recreation & Park District Matters:
19.
AWARD OF CONTRACT AND AUTHORIZATION OF
ADDITIONAL FUNDS FOR THE RE-ROOF AND ASBESTOS
ABATEMENT OF THE SNACK SHOP AT OAK KNOLL
PARK, PUBLIC WORKS PROJECT NO. 2001-26.
Recommended Action: That the City Council, acting as ex-
officio governing Board of Directors of the Cypress Recreation
and Park District: 1) Award a construction contract for the re-
roof and asbestos abatement of the snack shop at Oak Knoll
Park in the amount of $12,743 (bid amount of $12,118 plus
5% contingency) to Coast Roof Co. Inc., 2301 Orangethorpe
Avenue, Fullerton, California 92834; and 2) Authorize an
appropriation of funds in the amount of $4,250 from the fund
balance of the Recreation and Park District General Fund to
Account No. 4186-12-502-29.
END OF CONSENT CALENDAR
November 13, 2001 Page 10
NEW BUSINESS
UNFINISHED BUSINESS
RECREATION & PARK DISTRICT MATDERS
The Cypress City Council, Acting as the Ex-Officio Governing Board
of Directors.
CYPRESS REDEVELOPMENT AGENCY MATDERS (20-21)
The Cypress City Council, Acting as the Cypress Redevelopment
Agency.
Consent Calendar:
20.
APPROVAL OF AUTHORIZING THEINVESTMENT OF
AGENCY MONIESINTHELOCALAGENCYINVESTMENT
FUND.
Recommended Action: That the Cypress Redevelopment
Agency Board adopt the Resolution by title only, title as
follows, authorizing the investment of monies in the Local
Agency Investment Fund.
A Resolution of the Cypress Redevelopment Agency,
Authorizing Investment of Monies in the State of California's
Local Agency Investment Fund.
21.
CLARIFICATION OF AMENDMENT TO HELP II PROGRAM
GUIDELINES THAT ADDRESS APPLICATION
RESUBMITTAL FOLLOWING A PREVIOUS
CANCELLATION.
Recommended Action: That the Cypress Redevelopment
Agency: 1) Approve the amendment of the Home
Enhancement Loan Program Guidelines to add the following
provision to the "Eligibility Requirements" section: Applicants
who have previously participated in the Home Enhancement
Loan Program but elected to cancel prior to program
completion, must reimburse the Agency for fees incurred as a
result of the cancellation (with the reimbursement amount
limited to the lesser of either the cost incurred by the Agency
or $500.00) as a condition of subsequent program
participation. Additionally, a written explanation providing the
reasons for the cancellation as well as assurance that
circumstances leading to the cancellation have been rectified,
shall also be required.
November 13, 2001 Page 11
END OF CONSENT CALENDAR
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, November 26,
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
8th day of November, 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, NOVEMBER 9, 2001, WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.