Agenda 2003-07-14
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JULY 14, 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.
July 14, 2003 Page 2
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (a)
Illingworth, et al. v. City of Cypress, et al.
Case Number 02CC04339
Orange County Superior Court – Central Justice Center
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(b)
Number of cases: One
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS PRESENT CERTIFICATES OF APPOINTMENT TO ALL
NEWLY-APPOINTED COMMISSIONERS AND
ADMINISTER LOYALTY OATH OF OFFICE
Cable Television Commission
Recreation & Community Services Commission
Senior Citizens Commission
Traffic Commission
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
July 14, 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 - 4)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By
The City Council and/or the Cypress Redevelopment Agency.
1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2003-09 AND TENTATIVE TRACT MAP NO. 16503, A REQUEST TO
CREATE A SINGLE-LOT SUBDIVISION AND TO CONSTRUCT SIX (6)
CONDOMINIUM UNITS ON TWO (2) EXISTING PARCELS LOCATED
AT 8701 AND 8703 BELMONT STREET WITHIN THE RM-20
RESIDENTIAL MULTIPLE-FAMILY ZONE.
Motion to Adopt the Resolutions 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. 2003-09 – With Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 16503 – With Conditions.
July 14, 2003 Page 4
2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2003-08, A REQUEST TO CONSTRUCT A FOUR STORY FIVE LEVEL
PARKING STRUCTURE FOR PACIFICARE INC. ON THE PROPERTY
LOCATED AT 5701 KATELLA AVENUE WITHIN THE PC-3 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. 2003-08 – With Conditions.
3. PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 2001-
217, A REQUEST TO SUBDIVIDE ONE PARCEL INTO TWO PARCELS
ON THE PROPERTY LOCATED AT 5440 CERRITOS AVENUE IN THE
PBP PLANNED 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 Tentative Parcel Map No. 2001-217 – With Conditions.
4. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT
NO. 2003-05, A PROPOSAL TO AMEND THE CYPRESS CITY CODE,
APPENDIX I – ZONING, SUBSECTIONS 35.183.D AND E, MODIFYING
THE PROVISIONS FOR THE PERIODIC REVIEW OF DEVELOPMENT
AGREEMENTS.
Motion to Introduce for First Reading the Ordinance Presented for
Consideration by Title Only and to Waive Further Reading.
An Ordinance of the City Council of the City of Cypress,
California, Amending the Cypress City Code, Appendix I –
Zoning, Sections 35.183.D and E, Relating to Periodic
Reviews of Development Agreements.
July 14, 2003 Page 5
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 (5 - 14)
5. APPROVAL OF MINUTES
Meeting of June 23, 2003.
Recommended Action: Approve as submitted.
6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
7. RENEWAL OF AGREEMENT FOR PROSECUTION SERVICES
BETWEEN THE CITY AND THE COUNTY OF ORANGE.
Recommended Action: That the City Council approve the Agreement for
Prosecution Services between the City and the County of Orange for a
five-year period, commencing July 1, 2003, and terminating on June 30,
2008, and authorize the Mayor to sign the agreement.
8. AWARD OF CITY’S ANNUAL CURB, GUTTER, AND SIDEWALK
MAINTENANCE CONTRACT, PUBLIC WORKS PROJECT NO.
2003-23.
Recommended Action: That the City Council: 1) Award the
annual curb, gutter, and sidewalk maintenance contract to CJ
Construction, Inc., 11418 Fidel Avenue, Whittier, California
90605, for a one year period, for an amount not to exceed
$244,700, with the provision of renewing the contract for three
additional years, if there is a need for additional repair work,
based on mutual agreement of the contractor and the City; and
2) Accept the Curb, Gutter, and Sidewalk Removal and
Replacement Project No. 2002-37 as being satisfactorily
completed in substantial conformance with the project
specifications by Perry Maness Industries, Inc., 1101 E. Spring
Street, Long Beach, California 90809-1477, and authorize staff
to file a Notice of Completion; and 3) Authorize the City Clerk to
release the Labor and Materials Bond and the Faithful
July 14, 2003 Page 6
Performance Bond upon expiration of the required lien period, if
no claims or objections have been filed, upon concurrence of the
Director of Public Works.
9. SUPPORT OF REQUEST FOR FEDERAL FUNDING BY THE
ORANGE COUNTY SANITATION DISTRICT TO IMPROVE THE
QUALITY OF THE COUNTY’S COASTAL WATERS.
Recommended Action: That the City Council support the request by the
Orange County Sanitation District (OCSD) in seeking $3 million in
Federal assistance in Fiscal Year 2004 to construct mandated treatment
facilities to meet the requirements of the Clean Water Act, and authorize
the Mayor to sign a letter of support on their behalf.
10. RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR
CIVIC CENTER IMPROVEMENTS, PHASE 2, EXPANSION AND
REMODEL OF CYPRESS CITY HALL, PUBLIC WORKS PROJECT NO.
2003-18.
Recommended Action: That the City Council: 1) Award a professional
architectural services contract for completion of conceptual drawings,
preparation of construction plans, specifications, and estimate, and
construction support services for Civic Center Improvements, Phase 2,
Expansion and Remodel of Cypress City Hall to John Bates Associates,
22952 Mill Creek Drive, Laguna Hills, California 92653, for an amount
not to exceed $70,020; and 2) Authorize $12,000 as a contingency to be
used for reimbursables (7 percent, in the amount of $5,000), and design
contingency (10 percent, in the amount of $7,000).
11. SPECIAL TAX LEVY FOR FISCAL YEAR 2003-04 WITHIN
COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES)
OF THE CITY OF CYPRESS.
Recommended Action: That the City Council, acting as the legislative
body of Community Facilities District No. 1 (Sorrento Homes), authorize
the levy of a special tax for fiscal year 2003-04 within the District by
adopting the Resolution by title only, title as follows, authorizing the levy
of a special tax for fiscal year 2003-2004 within Community Facilities
District No. 1 (Sorrento Homes) of the City of Cypress, and authorize the
Mayor to sign the Proposition 218 Certification.
A Resolution of the City Council of the City of Cypress, California,
Acting as the Legislative Body of Community Facilities District No. 1
(Sorrento Homes) of the City of Cypress, California, Authorizing the
Levy of a Special Tax for Fiscal Year 2003-2004 Within Such
Community Facilities District.
12. APPROVAL OF COMMERCIAL WARRANT LIST FOR
July 14, 2003 Page 7
WARRANTS NO. 59977 THROUGH 60153.
Recommended Action: That the City Council approve the attached
warrant register.
Recreation & Park District Matters:
13. APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 6 TO
AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR A FIVE-MONTH PERIOD, JULY
1, 2003, THROUGH DECEMBER 1, 2003.
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors for the Cypress Recreation and Park District,
approve Amendment No. 6 to Agreement No. C-8-0189 with the Orange
County Transportation Authority, extending the term of the Agreement for
five months, July 1, 2003, to December 1, 2003, with no changes to the cost
per passenger trip or to the terms and conditions of the Agreement.
14. APPROVAL OF REVISED ART IN PUBLIC PLACES POLICY.
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors for the Cypress Recreation and Park District,
approve the revised Art in Public Places Policy as recommended by the
Recreation and Community Services Commission.
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
NEW BUSINESS (15)
15. DESIGN REVIEW COMMITTEE PERMIT NO. 2003-03, A REQUEST TO
CONSTRUCT A WALGREENS DRUG STORE WITH A DRIVE THRU
PHARMACY AT THE NORTHEAST CORNER OF BALL ROAD AND
MOODY STREET (5505 BALL ROAD) IN THE CN COMMERCIAL
NEIGHBORHOOD 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. 2003-03 – with conditions.
July 14, 2003 Page 8
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2003-03 –
With Conditions.
RECREATION & PARK DISTRICT MATTERS
The Cypress City Council, Acting as the Ex-Officio Governing Board of
Directors.
***Recess the Cypress City Council.
CYPRESS REDEVELOPMENT AGENCY MATTERS (16 - 17)
The Cypress City Council, Acting as the Cypress Redevelopment Agency.
***Convene the Cypress Redevelopment Agency.
Consent Calendar:
16. CONSIDERATION OF AMENDMENT NO. 1 TO EXCLUSIVE
NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND
COSTCO WHOLESALE CORPORATION.
Recommended Action: That the Cypress Redevelopment Agency
approve Amendment No. 1 to the Exclusive Negotiation Agreement
between the Agency and Costco Wholesale Corporation for the 18 acre
site located at the northwest corner of Walker Street and Katella
Avenue.
END OF CONSENT CALENDAR
***Reconvene the Cypress City Council.
New Business:
JOINT ITEM WITH THE CYPRESS CITY COUNCIL:
17. APPROVAL OF CONTRACT – RBF CONSULTING’S URBAN DESIGN
STUDIO/2004 CYPRESS ZONING CODE.
Recommendation: That the City Council and Cypress Redevelopment
Agency acting jointly: 1) Approve the Consultant Services Agreement
with RBF Consulting’s Urban Design Studio; and 2) Approve
appropriations from the General Fund and Redevelopment Agency funds
as follows:
Account Number Amount
July 14, 2003 Page 9
Professional Contract Services 4189-11-193-06 $55,000
Professional Contract Services 4189-35-194-06 $10,000
Professional Contract Services 4189-37-195-06 $10,000
Professional Contract Services 4189-38-197-06 $10,000
Professional Contract Services
(carryover) 4189-11-192-06 $ 2,541
TOTAL
$87,541
***Adjourn the Cypress Redevelopment Agency.
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 28, 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 10 day of July, 2003.
________________________________
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, JULY 11, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE
ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.