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Agenda 2003-07-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JULY 28, 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 Cypress Employees 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 28, 2003 Page 2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Quitmeyer v. City of Cypress, et al. Orange County Superior Court Case No. 00CC15234 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 APPRECIATION TO ALL OUTGOING COMMISSIONERS: Cable Television Commission ·Mike Gritchen ·Jim Williams Recreation & Community Services Commission ·Bobbie Bloch ·Betty Koester ·Bill Wostenberg Senior Citizens Commission ·Elsie Carruthers ·Mary McIver Traffic Commission ·Joseph Mansolino REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY July 28, 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 CONDITIONAL USE PERMIT NO. 2003-07 AND VARIANCE NO. 2003-04, A REQUEST TO CONSTRUCT FOURTEEN (14) DETACHED CONDOMINIUM UNITS, INCLUDING A VARIANCE TO ALLOW A REDUCTION IN THE REQUIRED NUMBER OF OPEN PARKING SPACES AND A DECREASE IN THE REQUIRED LANDSCAPED OPEN AREA FOR THE PROPERTY LOCATED AT 5732 LINCOLN AVENUE WITHIN THE PC PLANNED COMMUNITY 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, Denying Conditional Use Permit No. 2003-07 for the Construction of 14 Detached Residential Units at 5732 Lincoln Avenue. A Resolution of the City Council of the City of Cypress, Denying Variance No. 2003-04 for a Reduction in the Number of Parking Spaces and Landscaped Open Area for a Fourteen (14) Unit Detached Condominium Project Located at 5732 Lincoln Avenue in the City of Cypress. July 28, 2003 Page 4 2. PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2003-04, CITY OF CYPRESS PROJECT NO. 8615-90. 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, California, Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2003-04, Pursuant to the Landscaping and Lighting Act of 1972, and Confirming the Diagram and Assessment Thereof. 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 - 19) 3. APPROVAL OF MINUTES Meeting of July 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. A REQUEST FOR A ONE-YEAR EXTENSION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-04 TO ALLOW THE CONSTRUCTION OF A PREVIOUSLY APPROVED SECOND WATER WELL WITHIN AN EXISTING WELL FACILITY. July 28, 2003 Page 5 Recommended Action: That the City Council adopt the Resolution by title only, title as follows, extending Design Review Committee Permit No. 2002-04, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving a One-Year Time Extension of Design Review Committee Permit No. 2002-04 – With Conditions. 6. ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR EXECUTIVE MANAGEMENT POSITIONS, MID- MANAGEMENT POSITIONS, AND THE CLASSIFICATIONS OF MANAGEMENT ASSISTANCE, PERSONNEL ANALYST, PERSONNEL TECHNICIAN, AND SECRETARY TO THE CITY MANAGER. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, establishing salary ranges and benefits for executive management positions, mid-management positions, and compensation for the classifications of Management Assistant, Personnel Analyst, Personnel Technician, and Secretary to the City Manager. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Rescinding Resolution No. 5258 and Establishing Salary Ranges and Benefits for Executive Management Positions. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Rescinding Resolution No. 5259 and Establishing Salary Ranges and Benefits for Mid-Management Positions. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Amending Resolution No. 5260 and Establishing Compensation for the Classifications of Management Assistant, Personnel Analyst, Personnel Technician, and Secretary to the City Manager. 7. ADOPTION OF RESOLUTION AMENDING BENEFITS FOR MANAGEMENT EMPLOYEES. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, amending benefits for Management employees. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress July 28, 2003 Page 6 Recreation and Park District, Subsidiary District of the City of Cypress, Amending Resolution No. 5131, Establishing Benefits for Management Employees. 8. ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2003 THROUGH JUNE 30, 2005. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, concerning wages, salaries, fringe benefits and conditions of employment for the Cypress Police Management Association. A Resolution of the City Council of the City of Cypress, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Police Management Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 9. ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE SUPERVISORS’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2003 THROUGH JUNE 30, 2006. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, concerning wages, salaries, fringe benefits and conditions of employment for the Cypress Maintenance Supervisors’ Association. A Resolution of the City Council of the City of Cypress, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Maintenance Supervisors’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 10. ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION AND AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF RECREATION AND COMMUNITY SERVICES SUPERINTENDENT. July 28, 2003 Page 7 Recommended Action: That the City Council, 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, establishing compensation for the classification of Recreation and Community Services Superintendent in the City’s Classification Plan. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Establishing Compensation for the Classification of Recreation and Community Services Superintendent in the City’s Classification Plan. 11. SUPPORT FOR SB 20 RELATED TO HAZARDOUS ELECTRONIC WASTE RECYCLING PROGRAMS. Recommended Action: That the City Council support SB 20 (Sher) to establish a program for manufacturers to share responsibility for the collection and recycling of hazardous electronic waste, and authorize the Mayor to sign a letter of support and forward to appropriate legislators. 12. 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 Blvd., Los Angeles, California, 90035, for an amount not to exceed $144,468 per year. 13. RETENTION OF PROFESSIONAL CIVIL ENGINEERING SERVICES FOR DESIGN OF CYPRESS ACRES, PHASE 4 STREET AND STORM DRAIN IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2003-09. Recommended Action: That the City Council: 1) Increase estimated revenue in Account No. 3572-15 for receipt of Fiscal Year 2003-04 Community Development Block Grant (CDBG) funds, in the amount of $155,000, for design of Cypress Acres Phase 4 Street and Storm Drain Improvements; and 2) Appropriate $155,000 from the Capital Improvement Program unreserved fund balance to Account No. 4189- 15-854-21 for Cypress Acres Phase 4 project; and 3) Award a professional civil engineering services contract for preparation of plans, specifications, and estimate for Cypress Acres Phase 4 Street and Storm Drain Improvements to RBF Consulting, 14725 Alton Parkway, Irvine, California 92618-2027, for an amount not to exceed $111,490; and 4) Authorize $16,700 (15% of Bid Amount) as contingency to be used for design contingency and unforeseen work. July 28, 2003 Page 8 14. APPROVAL OF CONTRACT WITH LORICK ASSOCIATES CONSULTING FOR IMPLEMENTING THE MAINTENANCE OPERATIONS FINAL REPORT. Recommended Action: That the City Council approve a contract for implementing the Maintenance Operations Final Report with Lorick Associates Consulting, 1209 Manhattan Avenue, Suite 310, Manhattan Beach, California 90266, in the amount of $50,390. 15. ADOPTION OF RESOLUTION FOR APPROVAL OF REQUEST BY THE SOUTHERN CALIFORNIA WATER COMPANY FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2001-09 AND VARIANCE NO. 2001-03, FOR THE CONSTRUCTION OF A TWO MILLION GALLON WATER RESERVOIR, PUMP HOUSE, AND WATER TRANSMISSION LINE ON THE PROPERTY LOCATED AT 4651 CRESCENT AVENUE IN THE PS PUBLIC & SEMI-PUBLIC ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the extension of Conditional Use Permit No. 2001-09 and Variance No. 2001-03 (until July 22, 2004), subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving a One-Year Extension of Conditional Use Permit No. 2001-09 and Variance No. 2001-03 – With Conditions. 16. ACCEPTANCE OF CONSTRUCTION OF SKATE PARK AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 2002-35. Recommended Action: That the City Council: 1) Accept the Construction of Skate Park at Veterans Park, Public Works Project No. 2002-35, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $123,840.53; and 2) Approve the final retention payment of $12,384.05 to Seashore Construction Inc., 1930 Old Tustin Avenue, Santa Ana, California 92705-7811; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful 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. 17. ACCEPTANCE OF FINAL TRACT MAP NO. 16376. PROPERTY LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET. July 28, 2003 Page 9 Recommended Action: That the City Council approve Final Tract Map No. 16376 and authorize the City Clerk to sign the record map. 18. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2003. Recommended Action: That the City Council receive and file the Investment Report for the month of June, 2003. 19. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 60154 THROUGH 60373. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (20) 20. SECOND READING OF 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. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending the Cypress City Code, Appendix I – Zoning, Sections 35.183.D and E, Relating to Periodic Reviews of Development Agreements. 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. UNFINISHED BUSINESS NEW BUSINESS July 28, 2003 Page 10 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 (21) The Cypress City Council, Acting as the Cypress Redevelopment Agency. ***Convene the Cypress Redevelopment Agency. New Business: 21. APPROVAL OF PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 6122 LINCOLN AVENUE. Recommended Action: That the Cypress Redevelopment Agency: 1) Approve the Purchase and Sale Agreement with Answer Network- Cypress, Inc. for the Agency’s acquisition of the approximately one (1) acre parcel located at 6122 Lincoln Avenue; and 2) Approve an appropriation from the unreserved fund balance of the Agency’s Low and Moderate Income Housing Fund in the amount of $1,270,000 to the following account number: 4176-36-196-06. ***Adjourn the Cypress Redevelopment Agency. ***Reconvene the Cypress City Council. 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. July 28, 2003 Page 11 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, August 11, 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 rd than 72 hours prior to the meeting. Dated this 23 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 25, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.