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.