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Agenda 2002-05-13 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MAY 13, 2002 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 LYDIA SONDHI MAYOR PRO TEM FRANK McCOY COUNCILMEMBER TIM KEENAN COUNCILMEMBER MIKE McGILL COUNCILMEMBER ANNA L. PIERCY CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: City Manager CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Hardy, et al. v. City of Cypress, et al. Case Number 01CC11876 Orange County Superior Court 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 Agendas/Minutes are available at www.ci.cypress.ca.us. May 13, 2002 Page 2 JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress Case Number SA02-60 United States District Court – Central District of California Case Number 02CC01575 Orange County Superior Court – Central Justice Center Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency and City of Cypress Case Number 02CC00006 Orange County Superior Court – Civil Division Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project, and Does 1-25 Case Number 02CC00031 Orange County Superior Court – Civil Division CYPRESS REDEVELOPMENT AGENCY ITEMS: 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 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION Pastor Jang Woo Lee, Miracle Land Korean Baptist Church, Cypress May 13, 2002 Page 3 REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION 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, 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 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-03, A REQUEST TO CONSTRUCT A 2,515 SQUARE FOOT EL POLLO LOCO DRIVE-THRU FAST FOOD RESTAURANT LOCATED AT 5959 CERRITOS AVENUE WITHIN THE CG COMMERCIAL GENERAL ZONE. Motion to Adopt the Resolutions Presented for Consideration by Titles Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2002-03 – With Conditions. May 13, 2002 Page 4 2. PUBLIC HEARING REGARDING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 99-5, A REQUEST TO UPGRADE THE EXISTING LIQUOR LICENSE TO ON-SALE GENERAL LIQUOR AT AN EXISTING RESTAURANT, LOCATED AT 5721 LINCOLN AVENUE (SUITE “C”) IN THE PC PLANNED COMMUNITY ZONE. Motion to Adopt the Resolutions Presented for Consideration by Titles Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Amendment No. 2 to Conditional Use Permit No. 99-5 – 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. CONSENT CALENDAR (3 - 14) 3. APPROVAL OF MINUTES Meetings of March 26 and April 22, 2002. Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE MONTH OF MAY, 2002, AS “NATIONAL ARTHRITIS AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of May, 2002, as “National Arthritis Awareness Month” in the City of Cypress. May 13, 2002 Page 5 6. PROCLAIMING THE MONTH OF MAY, 2002, AS “NATIONAL MENTAL HEALTH MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of May, 2002, as “National Mental Health Month” in the City of Cypress. 7. PROCLAIMING THE MONTH OF MAY, 2002, AS “WATER AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of May, 2002, as “Water Awareness Month” in the City of Cypress. 8. CONSIDERATION OF ADOPTION OF RESOLUTION SUPPORTING THE REASONABLE AIRPORT, PARK AND NATURE PRESERVE INITIATIVE. Recommended Action: That the City Council consider the adoption of the Resolution by title only, titles as follows, supporting the Reasonable Airport, Park and Nature Preserve Initiative. A Resolution of the City Council of the City of Cypress, Supporting the Reasonable Airport, Park and Nature Preserve Initiative. 9. ADOPTION OF RESOLUTION ESTABLISHING INSTALLATION OF RED CURB AT VARIOUS LOCATIONS IN THE CYPRESS VILLAGE AREA. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, providing for the installation of “No Parking Anytime” areas at various locations in the Cypress Village area. A Resolution of the City Council of the City of Cypress, Establishing “No Parking Anytime” Areas at Various Locations in the Cypress Village Area. May 13, 2002 Page 6 10. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR CONSTRUCTION OF CURB RAMPS ON LARWIN AVENUE, BETWEEN BALL ROAD AND DENNI STREET, PUBLIC WORKS PROJECT NO. 2001-31. Recommended Action: That the City Council: 1) Approve a transfer of $10,750 from Measure M Turnback Fund balance (Fund 39) to Gas Tax Fund (Fund 22), and appropriate $10,750 into Account No. 4186-22-493-21; and 2) Approve Contract Change Order No. 1 to P.A. Engineering, 10112 Edgewood Lane, Garden Grove, California 92840, for Public Works Project No. 2001-31, in the amount of $10,668.50. 11. AWARD OF CONTRACT FOR CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC WORKS PROJECT NO. 2001-05. Recommended Action: That the City Council: 1) Approve an operating transfer, in the amount of $497,000, from the Unreserved Balance of the General Fund to the Capital Improvement Fund, and appropriate $497,000 into Account No. 4186-15-844-24; and 2) Approve an operating transfer, in the amount of $10,000, from the fund balance of Asset Forfeiture Fund 28 to Capital Improvement Project Fund for the purpose of required consulting specialty inspection, and appropriate $10,000 into Account No. 4189-15-844-24; and 3) Determine the lowest responsible bidder for Public Works Project No. 2001-05 to be JP LaBarge Construction Management; and 4) Award a contract for Construction of Police Department Shooting Range and Training Facility to JP th LaBarge Construction Management, 305 E. 9 Street, Upland, California 91786, in the amount of $740,000 (award amount of $680,188 plus 8% contingency). 12. AUTHORIZATION TO ADVANCE FUNDS FROM THE 2002- 03 CITY BUDGET FOR THE PURCHASE OF SIGNAL EQUIPMENT FOR THE LEXINGTON SCHOOL TRAFFIC SIGNAL. Recommended Action: That the City Council: 1) Authorize advancement of funds from the 2002-03 City Budget for the purchase of signal equipment for the Lexington School traffic signal; and 2) Appropriate $30,000 from the fund balance of the Measure M Fund to Account No. 4186-39-448-22 for the purchase of this traffic signal equipment. May 13, 2002 Page 7 13. DONATION OF SURPLUS RADIO EQUIPMENT TO THE CYPRESS COMMUNITY FESTIVAL COMMITTEE AND THE CYPRESS R.A.C.E.S. CLUB. Recommended Action: That the City Council authorize the donation of thirty-two (32) units of surplus radios, twenty-two (22) radio batteries, and eleven (11) desktop chargers to the Cypress Community Festival Committee and the Cypress R.A.C.E.S. Club to be used for the Annual Cypress Community Festival, disaster preparedness, and other special event purposes. 14. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53600 THROUGH 54014. Recommended Action: That the City Council approve the attached warrant registers. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (15) 15. SECOND READING OF ORDINANCE TO AMEND THE CONTRACT WITH THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO INCLUDE THE PROVISIONS OF “3% @ 50” FORMULA AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS. 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, California,Authorizing an Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. UNFINISHED BUSINESS NEW BUSINESS RECREATION & PARK DISTRICT MATTERS May 13, 2002 Page 8 The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS 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 ·· Other Items ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Special Meeting, to be held on Monday, May 20, 2002, 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 th 9 day of May, 2002. ________________________________ 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, MAY 10, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.