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Agenda 2002-09-23 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 23, 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 JOINT SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY ROLL CALL MAYOR/AGENCY CHAIR LYDIA SONDHI MAYOR PRO TEM/AGENCY VICE CHAIR FRANK McCOY COUNCILMEMBER/AGENCY BOARD MEMBER TIM KEENAN COUNCILMEMBER/AGENCY BOARD MEMBER MIKE McGILL COUNCILMEMBER/AGENCY BOARD MEMBER ANNA L. PIERCY WORKSHOP SESSION PRESENTATION OF DRAFT COMPREHENSIVE AFFORDABLE HOUSING STRATEGY 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. September 23, 2002 Page 2 CLOSED SESSION 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 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) Cypress Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al. Case Number 02CC11786 Orange County Superior Court – Central Justice Center 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 241-091-19, 241-091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; 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 September 23, 2002 Page 3 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 RECOGNIZING AND COMMENDING VINCENT WICKANDER FOR HIS QUICK AND HEROIC ACTIONS IN SAVING THE LIVES OF TWO FEMALE CITIZENS 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. September 23, 2002 Page 4 PUBLIC HEARINGS (1 - 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT NO. 2002-12, A REQUEST TO CONSTRUCT AND OPERATE A FULL-SERVICE CAR WASH WITH A FAST-FOOD RESTAURANT. 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. 2001-12 – With Conditions. 2. PUBLIC HEARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 24, ARTICLE II, SECTION 24-6 OF THE CYPRESS MUNICIPAL CODE RELATING TO EXCAVATIONS, FILLS, AND OBSTRUCTIONS WITHIN THE PUBLIC RIGHT-OF-WAY. Motion to Introduce for First Reading the Ordinance Presented for Consideration by Titles Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 24, Article II, Section 24-6 of the Cypress Municipal Code Relating to Excavations, Fills, and Obstructions Within the Public Right-of-Way. 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, Establishing a Cost-Recovery Fee for Items Abated from The Public Right-Of-Way and Stored at the City of Cypress Corporate Yard. September 23, 2002 Page 5 3. PUBLIC HEARING REGARDING ADOPTION OF ORDINANCES FOR THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. Recommended Action: That the City Council continue its consideration of this item to its regular meeting of October 14, 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 (4 - 22) 4. APPROVAL OF MINUTES Meeting of September 9, 2002. Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6. PROCLAIMING, RECOGNIZING AND COMMENDING VINCENT WICKANDER FOR HIS QUICK AND HEROIC ACTIONS IN SAVING THE LIVES OF TWO FEMALE CITIZENS. Recommended Action: That the Mayor and City Council officially proclaim, recognize and commend Vincent Wickander for his quick and heroic actions in saving the lives of two female citizens. 7. PROCLAIMING THE WEEK OF SEPTEMBER 30 – OCTOBER 4, 2002, AS “LAWSUIT ABUSE AWARENESS WEEK” IN THE CITY OF CYPRESS. September 23, 2002 Page 6 Recommended Action: That the Mayor and City Council officially proclaim the week of September 30 – October 4, 2002, as “Lawsuit Abuse Awareness Week” in the City of Cypress. 8. PROCLAIMING THE MONTH OF OCTOBER, 2002, AS “BREAST CANCER AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of October, 2002, as “Breast Cancer Awareness Month” in the City of Cypress. 9. PROCLAIMING THE MONTH OF OCTOBER, 2002, AS “NATIONAL BREAST CANCER AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of October, 2002, as “National Breast Cancer Awareness Month” in the City of Cypress. 10. ADOPTION OF RESOLUTION APPROVING THE CITY’S DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR FEDERAL FISCAL YEAR 2002-2003. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, adopting a Disadvantaged Business Enterprises (DBE) Program; and 2) Establish the City’s annual DBE goal for the period October 1, 2002 through September 30, 2003, to be 4.0%. A Resolution of the City Council of the City of Cypress, Adopting a Disadvantaged Business Enterprise Program for All Capital Improvement Projects Undertaken by the City of Cypress That Will Receive United States Department of Transportation Funding, and Establishing a Disadvantaged Business Enterprise Goal for the Federal Fiscal Year 2002- 03. 11. AUTHORIZATION OF RENEWAL OF CONTRACT FOR CITY’S ANNUAL CURB, GUTTER, AND SIDEWALK MAINTENANCE, PUBLIC WORKS PROJECT NO. 2002-37. Recommended Action: That the City Council renew the annual curb, gutter, and sidewalk maintenance contract with Perry Maness Industries, Inc., 1101 E. Spring Street, Long September 23, 2002 Page 7 Beach, California 90809-1477, for fiscal year 2002-2003, in an amount not to exceed $500,000. 12. RENEWAL OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES. Recommended Action: That the City Council approve a renewal of the contract for traffic signal maintenance services to Peek Traffic/Signal Maintenance Inc., 2283 Via Burton Street, Anaheim, California 92806, for an additional three year period beginning September 25, 2002, at the revised contract rates. 13. AWARD OF ANIMAL CONTROL SERVICES CONTRACT. Recommended Action: That the City Council approve the 2002-2003 Agreement for Animal Control and Shelter Services with the County of Orange, and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. 14. AWARD OF CONTRACTS FOR PROFESSIONAL BUILDING PLAN CHECK AND INSPECTION SERVICES. Recommended Action: That the City Council: 1) Award a contract for professional building plan check and inspection services to Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, CA 92647; and 2) Award a contract for supplemental plan check and inspection services to Scott Fazekas and Associates, 9 Corporate Park, Suite 200, Irvine, CA 92606. 15. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR BALL ROAD PARKWAY IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2001-24. Recommended Action: That the City Council: 1) Approve the plans and specifications for Ball Road Parkway Improvements, Public Works Project No. 2001-24; and 2) Authorize City staff to advertise the project for bids. September 23, 2002 Page 8 16. ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT, AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY. Recommended Action: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Adopt the Resolution by title only, title as follows, agreeing to support the grant goals in their entirety; and 3) Increase estimated revenues (3525-11-Other Grants) in the General Fund for the grant total of $62,920; and 4) Approve appropriations from the fund balance of the General Fund as follows: 4003-11-183-05 (Overtime) $46,620 4104-11-183-05 (Promotional Items) $ 6,000 4113-11-183-05 (Equipment) $ 8,300 4206-11-183-05 (Travel Expenses) $ 2,000 17. APPROVAL OF FISCAL YEAR 2001-02 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS. Recommended Action: That the City Council: 1) Authorize the appropriation of funds in Fiscal Year 2002- 03 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 290,865 15 Capital Projects Fund 2,935,938 22 Special Gas Tax Fund 623,261 25 Lighting District Fund 38,886 26 Local Drainage Facility Fund 132,150 39 Measure M Gas Tax Fund 116,090 41 Sewer Fund 125,000 76 Central Services Fund 29,925 90 Capital Replacement Fund 763,755 TOTAL $5,055,870 2) Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2002-03 as listed below: FROM TO AMOUNT September 23, 2002 Page 9 11 General Fund 12 Rec & Park District $ 59,588 11 General Fund 15 Capital Projects 1,157,769 11 General Fund 90 Capital Replacement 126,787 22 Special Gas Tax 15 Capital Projects 13,603 28 Narcotics Asset Seizure 15 Capital Projects 9,046 30 Supp Law Enforcement 90 Capital Replacement 90,867 39 Measure M Gas Tax 22 Special Gas Tax 568,597 TOTAL $2,026,257 3) Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2002- 03: 15 Capital Projects $730,000 39 Measure M Gas Tax 42,574 41 Sewer Fund 75,838 TOTAL $848,412 4) Authorize the appropriation of funds in Fiscal Year 2002- 03 for items encumbered at June 30, 2002 as detailed in Attachment B and summarized below: 11 General Fund $ 95,553 15 Capital Projects Fund 741,102 22 Special Gas Tax 2106 Fund 66,870 28 Narcotics Asset Seizure Fund 4,849 30 Supplemental Law Enforcement Fund 1,123 35 Civic Center Redevelopment 4,520 36 Low and Moderate Housing Fund 13,113 37 Lincoln Ave Redevelopment 3,643 38 Race Track Redevelopment 32,000 39 Measure M Gas Tax Fund 20,489 41 Sewer Fund 148,391 76 Central Services Fund 5,984 90 Capital Replacement Fund 73,199 TOTAL $1,209,712 18. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2001-02. Recommended Action: That the City Council: 1) Approve additional appropriations/uses and sources for Fiscal Year 2001-02 from the unreserved fund balance of the Civic Center Refinancing Debt Service Fund, as follows, to account for the refinancing approved by City Council (Resolution No. 5425): Account 4189-55-366-15 (Professional Services) $ 124,000 Account 4275-55-366-15 (Interest) 29,000 Account 4279-55-366-15 (Principal) 5,130,000 September 23, 2002 Page 10 Account 1271-55-999-99 (Proceeds of Debt) 5,505,000 Account 2302-55-999-99 (Discount on Bond Proceeds) 87,500 2) Approve the budget transfer of $612,000 from the Redevelopment Agency (Civic Center Project Area) to the Civic Center Refinancing Debt Service Fund (Account 1200- 55-999-99) for the transfer of the reserve funds held by the fiscal agent. 19. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2002. Recommended Action: That the City Council receive and file the Investment Report for the month of August, 2002. 20. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 55746 THROUGH 55946. Recommended Action: That the City Council approve the attached warrant registers. Recreation & Park District Matters: 21. APPROVAL OF FISCAL YEAR 2001-02 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Authorize the appropriation of funds in Fiscal Year 2002- 03 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 12 General Fund $511,659 2) Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2002-03 as listed below: FROM TO AMOUNT 11 General Fund 12 Rec & Park District $ 59,588 83 Central Services Fund 12 Rec & Park District 100,000 13 Park Development Fund 12 Rec & Park District 311,265 TOTAL $470,853 3) Authorize the appropriation of funds in Fiscal Year 2002- September 23, 2002 Page 11 03 for items encumbered at June 30, 2002 as detailed in Attachment B and summarized below: 12 General Fund $86,931 22. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR A SKATEPARK AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 2002-35. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the plans and specifications for the skatepark located in Veterans Park, Public Works Project No. 2002-35; and 2) Authorize City staff to advertise the project for bids. END OF CONSENT CALENDAR UNFINISHED BUSINESS NEW BUSINESS (23) 23. INTRODUCTION OF THE FIRST READING OF ORDINANCES FOR THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. Recommended Action: That the City Council introduce the first reading of the Ordinances by title only, titles as follows, and schedule a Public Hearing on October 14, 2002, for the adoption of the current model Building, Fire, Electrical, and Plumbing Codes with amendments for the City of Cypress. An Ordinance of the City Council of the City of Cypress, Amending Sections 5-1 and 5-2 of Chapter 5 of the Cypress City Code, Thereby Adopting by Reference the Following Codes with Certain Amendments Thereto: The 1997 Edition of the Uniform Building Code, Also Known as the 2001 California Building Code, the 2000 Edition of the Uniform Mechanical Code, Also Known as the 2001 California September 23, 2002 Page 12 Mechanical Code, the 1997 Edition of the Uniform Housing Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, the 1997 Edition of the Uniform Administrative Code and the 2001 Edition of the Uniform Building Code Standards and Repealing Ordinance No. 989. An Ordinance of the City Council of the City of Cypress, Amending Chapter 8 of the Cypress City Code and Thereby Adopting by Reference the National Electrical Code, 1999 Edition, Also Known as the 2001 California Electrical Code With Certain Amendments and Repealing Ordinance No. 991. An Ordinance of the City Council of the City of Cypress, Amending Chapter 19 of the Cypress City Code and Thereby Adopting by Reference the Following Codes With Certain Amendments Thereto: The 2000 Edition of the Uniform Plumbing Code, Also Known as the 2001 California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code, the 1997 Edition of the Uniform Solar Energy Code, and the Uniform Plumbing Code Material and Installation Standards and Repealing Ordinance No. 992. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (24 – 26) The Cypress City Council, Acting as the Cypress Redevelopment Agency. 24. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2001-02. Recommended Action: That the Cypress Redevelopment Agency Board approve additional appropriations from the Civic Center Project Area fund balances as follows: Appropriate $17,000 to account 4179-35-194-06 (Legal Service) from the fund balance of the Civic Center Capital Projects fund; and Appropriate $ 12,500 to account 4187-35-402-24 (Contract Services- Demolition of Building) from the fund balance of the Civic Center Capital Projects fund. That the Cypress Redevelopment Agency Board approve additional appropriations from the Los Alamitos Race Track September 23, 2002 Page 13 and Golf Course (LART) Project Area fund balances as follows: Appropriate $126,000 to account 4179-38-197-06 (Legal Service) and $130,000 to account 4211-38-197-06 (Litigation Costs) from the fund balance of the LART Capital Projects fund; and Appropriate $ 2,000 to account 4226-54-365-15 (Property Tax Collection) and $37,000 to account 4275-54-365-15 (Interest Expense) from the fund balance of the LART Debt Service fund; and Increase the Estimated Revenues in the LART Capital Projects fund (3400-38 Interest Earnings) by $150,000 and increase the Estimated Revenues in the LART Debt Service fund (3400-54 Interest Earnings) by $30,000. That the Agency Board approve the budget transfer of $612,000 from the Redevelopment Agency (Civic Center Project Area- Account 2200-52) to the Civic Center Refinancing Debt Service Fund for the transfer of the reserve funds held by the fiscal agent. 25. APPROPRIATION OF FUNDS AND AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF ENVIRONMENTAL ANALYSIS FOR THE WALKER/KATELLA RETAIL PROJECT. Recommended Action: That the Cypress Redevelopment Agency: 1) Approve Amendment No. 1 to the Consultant Services Agreement with RBF Consulting, Inc. to add an additional amount of $16,000 to the maximum amount of compensation under the terms of the Agreement; and 2) Approve appropriations from the LART Project Area fund balance as follows: Account Number Amount Other Professional Services 4189-38-197-06 $16,000 26. APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH THE TERPIN GROUP FOR PUBLIC INFORMATION AND PROMOTIONAL SERVICES. Recommended Action: That the Cypress Redevelopment Agency approve and authorize the Agency Chair to execute the attached Contract Services Agreement with the Terpin September 23, 2002 Page 14 Group to provide public information and promotional services related to various Agency projects and programs. 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, October 14, 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 19 day of September, 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, SEPTEMBER 20, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.