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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.