Agenda 2003-06-23
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JUNE 23, 2003
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.
Council Chambers
ROLL CALL MAYOR FRANK McCOY
MAYOR PRO TEM TIM KEENAN
COUNCILMEMBER MIKE McGILL
COUNCILMEMBER ANNA L. PIERCY
COUNCILMEMBER LYDIA SONDHI
CLOSED SESSIONCONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency negotiators: Richard Storey and William W. Wynder
Employee Groups:
Executive Management
Mid-Management
Non-Represented
Cypress Employees Association
Cypress Maintenance Supervisors’ Association
Cypress Police Management Association
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 23, 2003 Page 2
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Tom Naughton, Orange County Regional Airport Authority,
Citizens for Jobs and the Economy v. United States
Department of Defense, et al.
United States District Court
Civil Case No. 1:02CV-1110GLT (MLGx)
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(b)
Number of cases: One
JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Numbers 134-011-43
and 134-011-45; Consisting of approximately 1 Acre on
the South Side of Lincoln Avenue, East of Valley View
Street, within the Lincoln Avenue 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
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
June 23, 2003 Page 3
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.
SPEAKER’S CARD
The assists the Mayor in ensuring that all persons
wishing to address the Council are recognized. Your name will be called
at the time the matter is heard by the Council.
PUBLIC HEARINGS (1 - 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By
The City Council and/or the Cypress Redevelopment Agency.
1. PUBLIC HEARING REGARDING VARIANCE NO. 2003-03, A REQUEST
TO VARY FROM SECTION 9.5, TABLE 9.5.6 OF THE CYPRESS
ZONING ORDINANCE TO ALLOW A REDUCTION IN THE REQUIRED
REAR YARD OPEN AREA LOCATED AT 10725 LYNN CIRCLE IN THE
RS-6,000 RESIDENTIAL SINGLE-FAMILY 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,
Granting a Variance from the Terms of the Zoning Ordinance
of the City of Cypress, Section 9.5, Table 9.5, To Allow the
Reduction of a Rear Yard Open Area.
2. PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL
YEAR 2003-04 BUDGET 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, adopt the District budget as proposed for the fiscal year
beginning July 1, 2003 after the conclusion of the public hearing.
June 23, 2003 Page 4
CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendars (Council and Redevelopment
Agency) are to be approved with one motion unless a member of the
Council/Redevelopment Agency or the public requests separate action on a
specific item.
CONSENT CALENDAR (3 - 14)
3. APPROVAL OF MINUTES
Meetings of June 2, June 9, and June 14, 2003.
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. ADOPTION OF THE FISCAL YEAR 2003-04 BUDGET FOR THE
CITY OF CYPRESS.
Recommended Action: That the City Council, and 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, approving the annual budget for the fiscal year
commencing July 1, 2003, and fixing the limitations of
expenditures for the several funds and the functions,
departments, and activities carried on under such funds.
A Resolution of the City Council of the City of Cypress,
Approving the Annual Budget for the Fiscal Year Commencing
July 1, 2003, and Fixing the Limitations of Expenditures for the
Several Funds and the Functions, Departments, and Activities
Carried on Under Such Funds.
6. ADOPTION OF RESOLUTION IN SUPPORT OF EFFORTS BY
THE CITY OF LOS ANGELES TO OPERATE A COMMERCIAL
AIRPORT AT EL TORO.
Recommended Action: That the City Council consider the
adoption of a Resolution by title only, title as follows, in support of
efforts by the City of Los Angeles to operate a commercial airport
at El Toro.
June 23, 2003 Page 5
A Resolution of the City Council of the City of Cypress,
In Support of Efforts by the City of Los Angeles to Operate
A Commercial Airport at El Toro.
7. ADOPTION OF ANNUAL STATEMENT OF INVESTMENT
POLICY.
Recommended Action: That the City Council, and 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, adopting the Annual Statement of Investment Policy.
A Resolution of the City Council of the City of Cypress,
and Acting as the Ex-Officio Governing Board of Directors of the
Cypress Recreation and Park District, Adopting the Annual Statement of
Investment Policy.
8. AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF
KATELLA AVENUE, WALKER STREET AND CERRITOS AVENUE,
PUBLIC WORKS PROJECT NOS. 2002-28, 2002-29 AND 2003-06.
Recommended Action: That the City Council: 1) Determine the lowest
responsible bidder for Public Works Project Nos. 2002-28, 2002-29 and
2003-06 to be All American Asphalt, 400 E. Sixth Street, Corona,
California 92878; and 2) Award a contract for Pavement Rehabilitation
of Katella Avenue, Walker Street and Cerritos Avenue, in the amount of
$681,681 to All American Asphalt; and 3) Authorize $102,250 (15% of
Bid Amount) as contingency to be used for unforeseen work or
adjustment in quantities.
9. AWARD OF CONTRACT FOR ASPHALT REPLACEMENT AT
MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2002-40.
Recommended Action: That the City Council: 1) Determine the lowest
responsible bidder for Public Works Project No. 2002-40 to be Copp
Contracting, Inc.; and 2) Award a contract for Asphalt Replacement at
Maintenance Yard, Public Works Project No. 2002-40, in the amount of
$89,416, to Copp Contracting, Inc., P.O. Box 457, Buena Park,
California 90621; and 3) Authorize $8,942 (10% of Bid Amount) as
contingency to be used for unforeseen work or adjustment in quantities.
10. APPROVAL OF CITY OF CYPRESS LOCAL IMPLEMENTATION PLAN
(LIP) AS REQUIRED BY THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PROGRAM.
Recommended Action: That the City Council approve the submittal of
the City of Cypress Local Implementation Plan (LIP) to the County of
Orange Public Facilities and Resources Department and the Regional
June 23, 2003 Page 6
Water Quality Control Board, as required by the National Pollutant
Discharge Elimination System (NPDES) Stormwater Permit Program
Third Term Permit.
11. APPROVAL OF COMPROMISE AND RELEASE IN THE CASE OF
MATTHEW ROBINSON V. CITY OF CYPRESS.
Recommended Action: That the City Council approve the Compromise
and Release by and between the City of Cypress and Matthew
Robinson.
12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY,
2003.
Recommended Action: That the City Council receive and file the
Investment Report for the month of May, 2003.
13. APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 59814 THROUGH 59976.
Recommended Action: That the City Council approve the attached
warrant register.
Recreation & Park District Matters:
14. ACCEPTANCE OF DONATION IN THE AMOUNT OF $2,500 AND THE
APPROPRIATION OF $2,500 FOR CEDAR GLEN PARK
IMPROVEMENTS.
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 donation in the amount of $2,500 from SAFECO
Insurance Company of America, and increase the estimated revenue
account #3713-12 by $2,500; and 2) Appropriate $2,500 from the
Recreation and Park District unreserved General Fund to Recreation and
Park District budget account 4113-12-306-10 for the purchase of items such
as barbecues and picnic tables for improvements to Cedar Glen Park.
END OF CONSENT CALENDAR
June 23, 2003 Page 7
UNFINISHED BUSINESS
NEW BUSINESS (15 - 16)
15. CONFIRMATION OF APPOINTMENTS TO FILL TWELVE (12)
COMMISSIONER VACANCIES.
Recommended Action: That the City Council confirm the appointments
to fill twelve (12) Commissioner vacancies.
16. DESIGN REVIEW COMMITTEE PERMIT NO. 2003-02, A REQUEST TO
CONSTRUCT A 50,000 SQUARE FOOT SPECULATIVE
OFFICE/RESEARCH AND DEVELOPMENT BUILDING AT 6161 CHIP
AVENUE IN THE PC-4 PLANNED COMMUNITY BUSINESS PARK
ZONE.
Recommended Action: That the City Council: 1) Adopt a Finding of De
Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the
Mitigation Monitoring Program in accordance with the requirements of
the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolution by title only, title as follows, approving Design Review
Committee Permit No. 2003-02 – With Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2003-02 –
With Conditions.
RECREATION & PARK DISTRICT MATTERS
The Cypress City Council, Acting as the Ex-Officio Governing Board of
Directors.
CYPRESS REDEVELOPMENT AGENCY MATTERS (17)
The Cypress City Council, Acting as the Cypress Redevelopment Agency.
Consent Calendar:
June 23, 2003 Page 8
17. ADOPTION OF THE FISCAL YEAR 2003-04 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, 2003.
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, July 14, 2003, 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
th
than 72 hours prior to the meeting. Dated this 19 day of June, 2003.
________________________________
Jill R. Ingram-Guertin, City Clerk
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SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, YOU SHOULD CONTACT
THE OFFICE OF THE CITY CLERK AT (714) 229-6683. NOTIFICATION BY NOON ON
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ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.