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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.