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Agenda 2002-05-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING TUESDAY, MAY 28, 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 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 28, 2002 Page 2 CLOSED SESSION 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 (Removed to Federal Court) Case Number SA02-149 United States District Court – Central District of California CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, and 241-091-34; Consisting of 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 Chaplain Jerry Shumard, Cypress Police Department May 28, 2002 Page 3 PRESENTATIONS PRESENTATION BY PAT OCHOA,AMERICAN LEGION POST #295, FOR DONATION OF $1,355 TO THE CYPRESS POLICE DEPARTMENT FOR THE D.A.R.E. PROGRAM AND CYPRESS POLICE DEPARTMENT OPEN HOUSE PRESENT PROCLAMATION TO ORANGE COUNTY FIRE AUTHORITY, PROCLAIMING THE MONTH OF JUNE, 2002, AS “DROWNING PREVENTION AND AWARENESS MONTH” IN THE CITY OF CYPRESS 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. May 28, 2002 Page 4 CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar (Council) are to be approved with one motion unless a member of the Council requests separate action on a specific item. CONSENT CALENDAR (1 - 15) 1. APPROVAL OF MINUTES Meeting of May 13, 2002. Recommended Action: Approve as submitted. 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3. PROCLAIMING THE MONTH OF JUNE, 2002, AS “DROWNING PREVENTION AND AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of June, 2002, as “Drowning Prevention and Awareness Month” in the City of Cypress. 4. PROCLAIMING JUNE 1 – SEPTEMBER 30, 2002, AS “FIRE ANT AWARENESS 2002” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim June 1 – September 30, 2002, as “Fire Ant Awareness 2002” in the City of Cypress. 5. ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS 2002-03 APPROPRIATIONS LIMIT. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, establishing the City’s appropriations limit for the 2002-03 fiscal year. A Resolution of the City Council of the City of Cypress, May 28, 2002 Page 5 Establishing the City’s Appropriations Limit for the 2002-03 Fiscal Year. 6. RESCIND PRIOR AWARD OF FRANCHISE AGREEMENT TO CULVER AMHERST AND REAUTHORIZE AWARD OF FRANCHISE AGREEMENT TO CLEAR CHANNEL OUTDOOR, INC. TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS, PUBLIC WORKS PROJECT NO. 2000-23. Recommended Action: That the City Council: 1) Rescind the offer of a franchise agreement to Culver Amherst, LLC, to install and maintain bus shelters in the City of Cypress; and 2) Award a franchise agreement to Clear Channel Outdoor, Inc., to install and maintain bus shelters in the City of Cypress; and 3) Authorize the Mayor to execute the agreement. 7. APPROVAL OF AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT TO RECEIVE MATCHING FUNDS FROM THE COOPERATIVE PROJECT PROGRAM FOR SEWER FLOW MONITORING, PUBLIC WORKS PROJECT NO. 2002-24. Recommended Action: That the City Council: 1) Approve the agreement with Orange County Sanitation District to receive matching funds from the Cooperative Project Program for Sewer Flow Monitoring, Public Works Project No. 2002-24; and 2) Authorize the Mayor to execute the agreement; and 3) Approve an appropriation in the amount of $50,000 from the unreserved fund balance of the Sewer Fund to Account No. 4187-41-436-24; and 4) Approve an increase in the estimated revenues for the Sewer Fund (Other Grants – Account No. 3525-41) in the amount of $25,000. 8. AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF CRESCENT AVENUE FROM WEST CITY LIMIT TO 120’ E/O SUMNER PLACE AND ORANGEWOOD AVENUE FROM KNOTT STREET TO HOLDER STREET, PUBLIC WORKS PROJECT NO. 2002- 21. Recommended Action: That the City Council award a construction contract for the pavement rehabilitation of Crescent Avenue from west city limit to 120’ east of Sumner Place and Orangewood Avenue from Knott Street to Holder May 28, 2002 Page 6 Street in the amount of $193,933 (bid amount of $176,302 plus 10% contingency) to All American Asphalt, P.O. Box 2229, Corona, California 92878. 9. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF WALKER STREET AT VESSELS COURT, AND ORANGE AVENUE AT LEXINGTON JUNIOR HIGH SCHOOL, PUBLIC WORKS PROJECT NO. 2002-04. Recommended Action: That the City Council: 1) Approve the plans and specifications for the installation of traffic signals at the intersections of Walker Street at Vessels Court, and Orange Avenue at Lexington Junior High School; and 2) Authorize City staff to solicit bids for this project. 10. APPROVAL OF SUBMITTAL OF APPLICATIONS TO ORANGE COUNTY TRANSPORTATION AUTHORITY REQUESTING MATCHING FUNDS FROM THE ARTERIAL HIGHWAY REHABILITATION PROGRAM FOR PAVEMENT REHABILITATION PROJECTS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the submittal of applications requesting matching funds for the Cerritos Avenue, Moody Street, Orange Avenue, and Holder Street pavement rehabilitation projects to the Orange County Transportation Authority. A Resolution of the City Council of the City of Cypress, Approving the Submittal of Cerritos Avenue, Moody Street, Orange Avenue, and Holder Street Improvement Projects to the Orange County Transportation Authority for Street Rehabilitation Funding Under the Arterial Highway Rehabilitation Funding Program. 11. ACCEPTANCE OF OFFICE OF JUSTICE PROGRAMS EQUIPMENT SUBGRANT AND APPROPRIATION OF FUNDS. Recommended Action: That the City Council: 1) Approve an increase to estimated revenues in the General Fund in Other Grants account number 3525-11-999-99 for $7,064; and 2) Approve the appropriation of $7,064 from the unreserved fund balance of the General Fund to Small Tools and May 28, 2002 Page 7 Equipment account number 4113-11-180-05, for the purchase of personal protective equipment for biological and chemical weapons. 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2002. Recommended Action: That the City Council receive and file the Investment Report for the month of April, 2002. 13. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 54015 THROUGH 54214. Recommended Action: That the City Council approve the attached warrant registers. Recreation & Park District Matters: 14. APPROVAL OF RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT’S 2002-03 APPROPRIATION LIMIT. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing the District’s 2002-03 appropriation limit. A Resolution of the City Council of the City of Cypress, Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, A Subsidiary District of the City of Cypress, Establishing the Cypress Recreation and Park District’s Appropriations Limit for the 2002-03 Fiscal Year. May 28, 2002 Page 8 15. ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $2,050 AND THE APPROPRIATION OF $2,050 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donations in the amount of $2,050 from Fuji Film, Summerville Senior Living, The Medicine Shoppe, Caremore Insurance Services, Tenet, Anaheim Memorial Medical Center, Premier Physician Services, and M Fiacco, and increase the estimated revenue account #3665 (Senior Citizens Activities) by $2,050; and 2) Appropriate $2,050 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4104-12-317-10 for the purchase of supplies for the Volunteer Recognition Celebration on May 18, 2002. Supplies include linens, decorations, film, entertainment and gifts for the 175 volunteers. END OF CONSENT CALENDAR UNFINISHED BUSINESS CONVENE IN JOINT SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY (16 – 18) The Cypress City Council and/or Acting as the Board of Directors of the Cypress Redevelopment Agency NEW BUSINESS 16. CONFORMANCE OF THE PROPOSED ACQUISITION OF THE WALKER/KATELLA SITE AND THE PROPOSED DEVELOPMENT OF THE WALKER/KATELLA RETAIL PROJECT WITH THE CYPRESS GENERAL PLAN. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, relating to the conformity of the proposed acquisition of the Walker/Katella May 28, 2002 Page 9 site and the proposed development of the Walker/Katella Retail Project with the Cypress General Plan. A Resolution of the City Council of the City of Cypress, Relating to the Conformity of the Proposed Acquisition of the Walker/Katella Site and the Proposed Development of the Walker/Katella Retail Project with the Cypress General Plan. 17. CONSIDERATION OF RESOLUTION OF NECESSITY AUTHORIZING FOR THE APPROXIMATELY 18 ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND KATELLA AVENUE (THE “PROPERTY”). Recommended Action: That the Cypress Redevelopment Agency: 1) Hold a hearing in accordance with the requirements of the Code of Civil Procedure Section 1245.235 for the purpose of allowing the record owners of the Property an opportunity to appear and offer testimony on the potential adoption of a Resolution of Necessity for the Property; and 2) After reviewing all the information and evidence presented on the matter, including the testimony of the owners of the Property, adopt the Resolutions by title only, titles as follows, approving the Mitigated Negative Declaration for the Walker- Katella Retail Project, and directing and authorizing the condemnation of certain real property in the City of Cypress, State of California, and declaring the public necessity therefor. A Resolution of the Cypress Redevelopment Agency, Approving the Mitigated Negative Declaration for the Walker- Katella Retail Project. A Resolution of the Cypress Redevelopment Agency, Directing and Authorizing the Condemnation of Certain Real Property in the City of Cypress, State of California, and Declaring the Public Necessity Therefor. Consent Calendar: 18. APPROVAL OF HELP II CONTRACT SERVICES AGREEMENT FOR ADMINISTRATION OF LOAN SERVICING. Recommended Action: That the Cypress Redevelopment Agency authorize the Executive Director to execute the Contract Services Agreement with AmeriNational Community May 28, 2002 Page 10 Services, Inc. for continued administration of loan servicing duties for the HELP II Program. END OF CONSENT CALENDAR RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. 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, June 10, 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 rd 23 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 24, 2002, WILL ENABLE THE CITY May 28, 2002 Page 11 TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.