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Agenda 2002-06-10 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 10, 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. June 10, 2002 Page 2 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Via Maria v. City of Cypress; CIPA Coverage Appeal CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Julian Thuy Vu Le v. Anthony Ross Palter Case Number 02WL0248 Orange County Superior Court and as to State Farm Insurance’s Pending Litigation Claim (Government Code Section 54956.9 (a) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Quitmeyer v. City of Cypress, et al. Case Number 00CC15234 Orange County Superior Court CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Agency negotiator: Richard Storey Employee Groups: Executive Management Mid-Management Non-Represented 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 June 10, 2002 Page 3 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 PRESENTATIONS PRESENT PROCLAMATION TO ORANGE COUNTY FIRE AUTHORITY, PROCLAIMING THE MONTH OF JUNE, 2002, AS “DROWNING PREVENTION AND AWARENESS MONTH” IN THE CITY OF CYPRESS PRESENTATION TO WINNERS OF THE 2002 CABLE TV AND TECHNOLOGY COMMISSION’S VIDEO CONTEST REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY June 10, 2002 Page 4 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 - 4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-07, A REQUEST TO ALLOW THE SALE OF BEER AND WINE AT AN EXISTING KOREAN STYLE RESTAURANT LOCATED AT 6907 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY 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. 2002-07 – With Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-08, A PROPOSED WEIGHT LOSS AND FITNESS CENTER TO BE LOCATED AT 9919 WALKER STREET. 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. 2002-08 – With Conditions. June 10, 2002 Page 5 3. PUBLIC HEARING REGARDING THE PERIODIC REVIEW OF AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 94- 6, INVOLVING AN EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 8921 ELECTRIC 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 and Amendment to Conditional Use Permit No. 94-6 – Reducing the Scale of the Existing Antenna Array and Amending Condition No. 39.A. Acting as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park District: 4. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2002-03 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. Motion to adopt the District budget as proposed for the fiscal year beginning July 1, 2002. 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 (5 - 19) 5. APPROVAL OF MINUTES Meeting of May 28, 2002. Recommended Action: Approve as submitted, with Mayor Sondhi abstaining due to her absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR June 10, 2002 Page 6 CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. ADOPTION OF RESOLUTION AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS OF THE STATE BOARD OF EQUALIZATION. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing the examination of sales and use tax records of the State Board of Equalization, and rescinding Resolution No. 958 and Resolution No. 3793. A Resolution of the City Council of the City of Cypress, Authorizing Examination of Sales and Use Tax Records and Rescinding Resolution No. 958 and Resolution No. 3793. 8. ADOPTION OF RESOLUTIONS RECOGNIZING THE CYPRESS CHAMBER OF COMMERCE 2002 WOMAN OF THE YEAR, MAN OF THE YEAR, AND BUSINESS OF THE YEAR RECIPIENTS. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, recognizing the Cypress Chamber of Commerce Woman of the Year, Man of the Year, and Business of the Year for 2002. a.A Resolution of the City Council of the City of Cypress, Recognizing Linda Sunley on Being Selected as the 2002 Woman of the Year by the Cypress Chamber of Commerce. b.A Resolution of the City Council of the City of Cypress, Recognizing Frank Sabato on Being Selected as the 2002 Man of the Year by the Cypress Chamber of Commerce. c.A Resolution of the City Council of the City of Cypress, Recognizing PC Net on Being Selected as the 2002 Business of the Year by the Cypress Chamber of Commerce. June 10, 2002 Page 7 9. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-03, A Request to Convert an Existing Non- Conforming Roof-Mounted Antenna Facility to a Stealth Building-Mounted Antenna Design Located on an Existing Hotel at 5865 Katella Avenue. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-03 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-03 - With Conditions. 10. AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommended Action: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 S. La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $144,468 per year. 11. APPROVAL OF SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND PATRICK P. IMPORTUNA. Recommended Action: That the City Council approve the Second Amendment to City Manager Employment Agreement between the City of Cypress and Patrick P. Importuna as submitted. 12. AWARD PURCHASE OF GAS MONITORING SYSTEM. Recommended Action: That the City Council approve the purchase of a replacement gas monitor to Zefon International, June 10, 2002 Page 8 rd 2860 23 Avenue North, St. Petersburg, Florida 33713, in the amount of $1,630.87, and appropriate $1,631.00 to account number 4308-90-656-35 from the unencumbered fund balance of the Capital Equipment Replacement Fund (90) for this purchase. 13. APPROVAL OF THE CITY ENGINEER’S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, CITY OF CYPRESS PROJECT NO. 8615-90. Recommended Action: That the City Council adopt the Resolutions by titles only, titles as follows, approving the City Engineer’s Report and establishing a public hearing for July 22, 2002, declaring the City Council’s intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. A Resolution of the City Council of the City of Cypress, California, Declaring Its Intention to Order the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2002-03, Pursuant to the Landscaping and Lighting Act of 1972, and Fixing a Time and Place for Hearing Objections Thereto. A Resolution of the City Council of the City of Cypress, Approving the City Engineer’s Report Dated June 10, 2002, In Connection With the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1. 14. ANNUAL REQUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Recommended Action: That the City Council adopt the Resolution by title only, title as follows, informing the Orange County Transportation Authority (OCTA) that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways (MPAH). A Resolution of the City Council of the City of Cypress, June 10, 2002 Page 9 Concerning the Status of the Circulation Element for the City of Cypress. 15. ACCEPTANCE OF FINAL PARCEL MAP NO. 2001-171. PROPERTY LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND WALKER STREET. Recommended Action: That the City Council approve Final Parcel Map No. 2001-171 and authorize the City Clerk to sign the record map. 16. ADOPTION OF THE FISCAL YEAR 2002-03 BUDGET FOR THE CITY OF CYPRESS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the City’s annual budget for the fiscal year beginning July 1, 2002. A Resolution of the City Council of the City of Cypress, Approving the Annual Budget for the Fiscal Year Commencing July 1, 2002 and Fixing the Limitations of Expenditures for the Several Funds and the Functions, Departments, and Activities Carried on Under Such Funds. 17. APPROVAL OF TRANSFERRING EMERGENCY RESERVES FROM THE GENERAL FUND TO THE CIP FUND IN FISCAL YEAR 2001-02. Recommended Action: That the City Council: 1) Approve the transfer of the Designated Fund Balance for Emergencies from the General Fund to the CIP Fund; and 2) Approve an increase in Budgeted Transfers Out from the General Fund (2200-11-999-99) and an increase in Budgeted Transfers In to the CIP Fund (1200-15-999-99) by $5,720,948. 18. EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit “A”) in the amount of $7,000,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments or other available project area revenue sources. June 10, 2002 Page 10 19. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 54215 THROUGH 54435. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS NEW BUSINESS RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (20 – 22) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 20. CONSIDERATION OF FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND COSTCO WHOLESALE CORPORATION. Recommended Action: That the Cypress Redevelopment Agency: 1) Approve Amendment No. 1 to the Exclusive Negotiation Agreement between the Agency and Costco Wholesale Corporation for an approximately 16 to 18 acre site located at the northwest corner of Walker Street and Katella Avenue; and 2) Authorize the Agency Chair to execute the Amendment. 21. EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommended Action: That the Cypress Redevelopment Agency authorize Agency staff to execute the Repayment June 10, 2002 Page 11 Agreement and Promissory Note (Exhibit “A”) in the amount of $7,000,000 with the City of Cypress, with the repayment to the City being made from future tax increments or other available project area revenue sources. 22. ADOPTION OF THE FISCAL YEAR 2002-03 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the Cypress Redevelopment Agency adopt the Agency’s annual budget as proposed for the fiscal year beginning July 1, 2002. 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, June 24, 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 6 day of June, 2002. June 10, 2002 Page 12 ________________________________ 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, JUNE 7, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.