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Agenda 2003-09-22 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 22, 2003 5:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:00 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR FRANK McCOY MAYOR PRO TEM/AGENCY VICE CHAIR TIM KEENAN COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER ANNA L. PIERCY COUNCILMEMBER/BOARD MEMBER LYDIA SONDHI WORKSHOP SESSION REDEVELOPMENT AGENCY ITEM: DISCUSSION REGARDING POTENTIAL AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS 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 22, 2003 Page 2 CLOSED SESSIONCONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Quitmeyer v. City of Cypress, et al. Orange County Superior Court Case No. 00CC15234 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) City of Cypress v. Mark Valadez Colen & Lee Claim No. 066-01-00019 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One 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 Director, and Agency Counsel Under negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Number 262-471-39; Consisting of an Approximately 22,500 Square Foot Parcel Located on the East Side of Walker Street, North of Danny Avenue, in the Lincoln Avenue Redevelopment Project Area Negotiating Party: Executive Director, Deputy Executive September 22, 2003 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 CERTIFICATE OF SPECIAL RECOGNITION TO JENNIFER HUNG, EVENT ST CHAIR, 1 ANNUAL AMERICAN CANCER SOCIETY “RELAY FOR LIFE” EVENT PRESENT PROCLAMATION TO ORANGE COUNTY FIRE AUTHORITY BATTALION CHIEF BERNIE O’NEILL, PROCLAIMING THE WEEK OF OCTOBER 5-11, 2003, AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS PRESENTATION OF TARGET CORPORATION LAW ENFORCEMENT GRANT BY SENIOR INVESTIGATOR STEVE STAULOFF, TARGET CORPORATION, TO THE CYPRESS POLICE DEPARTMENT 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 September 22, 2003 Page 4 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. ***Recess the Cypress Redevelopment Agency. PUBLIC HEARINGS Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. None. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Council requests separate action on a specific item. CONSENT CALENDAR (1 - 27) 1. APPROVAL OF MINUTES Meeting of August 25, 2003. Recommended Action: Approve as submitted. 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. TH 3. PROCLAIMING SEPTEMBER 13, 2003 AS THE 15 ANNIVERSARY OF CYPRESS “POPS” ORCHESTRA. Recommended Action: That the Mayor and City Council officially th proclaim September 13, 2003 as the 15 Anniversary of Cypress “Pops” Orchestra. 4. PROCLAIMING THE WEEK OF SEPTEMBER 22-27, 2003 AS “OLDER WORKERS EMPLOYMENT WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of September 22-27, 2003 as “Older Workers Employment Week” in the City of Cypress. September 22, 2003 Page 5 5. PROCLAIMING SEPTEMBER 26, 2003 AS “DEVELOPMENTAL DISABILITIES DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim September 26, 2003 as “Developmental Disabilities Day” in the City of Cypress. 6. PROCLAIMING SEPTEMBER 28, 2003 AS “NATIONAL GOOD NEIGHBOR DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim September 28, 2003 as “National Good Neighbor Day” in the City of Cypress. 7. PROCLAIMING SEPTEMBER 28, 2003 AS “RACE FOR THE CURE DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim September 28, 2003 as “Race for the Cure Day” in the City of Cypress. 8. PROCLAIMING THE MONTH OF OCTOBER, 2003 AS “NATIONAL BREAST CANCER AWARENESS MONTH,” AND OCTOBER 17, 2003 AS “NATIONAL MAMMOGRAPHY DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of October, 2003 as “National Breast Cancer Awareness Month,” and October 17, 2003 as “National Mammography Day” in the City of Cypress. 9. PROCLAIMING THE WEEK OF OCTOBER 5-11, 2003 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of October 5-11, 2003 as “Fire Prevention Week” in the City of Cypress. September 22, 2003 Page 6 10. PROCLAIMING THE WEEK OF OCTOBER 6-10, 2003 AS “LAWSUIT ABUSE AWARENESS WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of October 6-10, 2003 as “Lawsuit Abuse Awareness Week” in the City of Cypress. 11. PROCLAIMING THE WEEK OF OCTOBER 17-24, 2003 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of October 17-24, 2003 as “Red Ribbon Week” in the City of Cypress. 12. ADOPTION OF RESOLUTIONS AMENDING BENEFITS FOR MANAGEMENT EMPLOYEES. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, amending Resolution No. 5131, establishing benefits for Executive Management employees and Management employees. 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, A Subsidiary District of the City of Cypress, Amending Resolution No. 5131, Establishing Benefits for Executive Management Employees. 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, A Subsidiary District of the City of Cypress, Amending Resolution No. 5131, Establishing Benefits for Management Employees. 13. ADOPTION OF RESOLUTION ESTABLISHING AUTHORITY OF THE CITY MANAGER TO ASSIGN TITLE AND ADDITIONAL DUTIES TO EXECUTIVE MANAGEMENT POSITIONS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, establishing authority of the City Manager to assign title and additional duties to 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, Establishing Authority of the City Manager to Assign Title and Additional Duties to Executive Management Positions. September 22, 2003 Page 7 14. ADOPTION OF RESOLUTION APPROVING THE CITY’S DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR FEDERAL FISCAL YEAR 2003-2004. 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, 2003, through September 30, 2004, to be 7.0%. 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 2003-04. 15. ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO DENY, COMPROMISE, OR SETTLE CERTAIN LIABILITY AND WORKERS’ COMPENSATION CLAIMS AND ACTIONS AGAINST THE CITY AND BY THE CITY AGAINST THIRD PARTIES NOT TO EXCEED SPECIFIED AMOUNTS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing the City Manager of the City of Cypress, or the City Manager’s authorized designee, to deny, compromise or settle certain liability and workers’ compensation claims and actions against the City and by the City against third parties not to exceed specified amounts. A Resolution of the City Council of the City of Cypress, Authorizing the City Manager of the City of Cypress, or the City Manager’s Authorized Designee, to Deny, Compromise or Settle Certain Liability and Workers’ Compensation Claims and Actions Against the City and by the City Against Third Parties Not to Exceed Specified Amounts. 16. AWARD OF ANIMAL CONTROL SERVICES AGREEMENT. September 22, 2003 Page 8 Recommended Action: That the City Council approve the 2003-2004 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. 17. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2002-03. Recommended Action: That the City Council approve additional appropriations, transfers and sources for Fiscal Year 2002-03 as follows: Additional Appropriations from the General Fund unreserved fund balance to: Account 4004-11-163-05 (CTO Overtime) $ 36,000 Account 4217-11-161-05 (Office Rental) 10,000 Account 4207-11-163-05 (Vehicle Equipment Rental) 27,000 Additional Budget Transfer from the General Fund unreserved fund balance to: The Capital Projects Fund balance in the amount of $ 35,000 Additional Appropriations from the Capital Projects Fund balance to: Account 4186-15-844-24 (Police Gun Range) $ 35,000 Additional Appropriations from the Central Services Fund balance to: Account 4156-76-626-08 (Police Expansion Maint. Services) $ 10,000 Account 4106-76-634-08 (Gas/ Auto Supplies) 27,000 Additional Estimated Revenues to the Central Services Fund balance from: Account 3640-76 (Office Rents) $ 10,000 Account 3641-76 (Vehicle Rents) 27,000 18. APPROVAL OF FISCAL YEAR 2002-03 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO FISCAL YEAR 2003-04. Recommended Action: That the City Council: September 22, 2003 Page 9 1. Authorize the appropriation of funds in Fiscal Year 2003-04 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 546,190 15 Capital Projects Fund 1,850,679 24 Traffic Mitigation Fund 106,363 26 Local Drainage Facility Fund 105,590 27 Corporate Center Maintenance District #1 8,536 39 Measure M Gas Tax Fund 677,049 41 Sewer Fund 157,091 76 Central Services Fund 7,245 89 Print Shop/IS Fund 19,108 90 Capital Replacement Fund 687,249 TOTAL $4,165,100 2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year 2003-04 as listed below: FROM TO AMOUNT 11 General Fund 15 Capital Projects $ 191,654 11 General Fund 90 Capital Replacement 12,753 29 CATV Network 90 Capital Replacement 10,980 30 Supp Law Enforcement 90 Capital Replacement 4,633 35 RDA – Civic Center Fund 15 Capital Projects 205,950 39 Measure M Gas Tax 22 Special Gas Tax 673,626 TOTAL $1,099,596 3. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2003-04: 11 General Fund $ 76,008 39 Measure M Gas Tax 494,161 41 Sewer Fund 110,838 TOTAL $681,007 4. Authorize the appropriation of funds in Fiscal Year 2003-04 for items encumbered at June 30, 2003 as detailed in Attachment B and summarized below: 11 General Fund $31,048 15 Capital Projects Fund 832,482 22 Special Gas Tax 2106 Fund 673,626 39 Measure M Gas Tax Fund 56,407 41 Sewer Fund 28,971 76 Central Services Fund 12,536 89 Print Shop/IS Fund 26,530 90 Capital Replacement Fund 2,208 TOTAL $1,663,808 September 22, 2003 Page 10 19. APPROVAL OF PLANS AND SPECIFICATIONS FOR CYPRESS POLICE DEPARTMENT LABORATORY REMODEL, PUBLIC WORKS PROJECT NO. 2003-34. Recommended Action: That the City Council approve the plans and specifications for the remodel of the Cypress Police Department laboratory and authorize staff to solicit bids for the project. 20. ACCEPTANCE OF 2002-03 RESIDENTIAL STREET SLURRY SEAL, PUBLIC WORKS PROJECT NO. 2003-12. Recommended Action: That the City Council: 1) Accept the 2002-03 Residential Street Slurry Seal, Public Works Project No. 2003-12, as being completed in substantial conformance with the project specifications; and 2) Approve the final retention payment of $11,896 to Pavement Coatings Company, 5312 Cypress Street, Cypress, California 90630; 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. 21. ACCEPTANCE OF FINAL TRACT MAP NO. 16322. PROPERTY LOCATED AT 8812 LA SALLE STREET. Recommended Action: That the City Council approve Final Tract Map No. 16322 and authorize the City Clerk to sign the record map. 22. ACCEPTANCE OF FINAL TRACT MAP NO. 16493. PROPERTY LOCATED AT 5231 LINCOLN AVENUE. Recommended Action: That the City Council approve Final Tract Map No. 16493 and authorize the City Clerk to sign the record map. 23. ACCEPTANCE OF FINAL TRACT MAP NO. 16508. PROPERTY LOCATED AT 4821-4841 GRACE AVENUE. Recommended Action: That the City Council approve Final Tract Map No. 16508 and authorize the City Clerk to sign the record map. September 22, 2003 Page 11 24. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF POLICE LIEUTENANT AND POLICE CAPTAIN. 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 updated class specifications for the regular full-time positions of Police Lieutenant and Police Captain. 25. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2003. Recommended Action: That the City Council receive and file the Investment Report for the month of August, 2003. 26. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 60846 THROUGH 61312. Recommended Action: That the City Council approve the attached warrant registers. Recreation and Park District Matters: 27. APPROVAL OF FISCAL YEAR 2002-03 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL YEAR 2003-04. 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 2003-04 for items encumbered at June 30, 2003 as detailed in Attachment A and summarized below: 12 General Fund $17,271 2. Authorize the appropriation of funds in Fiscal Year 2003-04 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 12 General Fund $809,150 83 Central Services Fund $ 50,000 3. Authorize the transfers of funds to support continuing appropriations in September 22, 2003 Page 12 Fiscal Year 2003-04 as listed below: FROM TO AMOUNT 83 Central Services Fund 12 Rec & Park District $112,073 13 Park Development Fund 12 Rec & Park District $387,747 4. Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2003-04: 12 General Fund – State Park Bonds (3511-12) $64,439 12 General Fund – State Park Bonds (3511-12) $64,439 END OF CONSENT CALENDAR UNFINISHED BUSINESS No items. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (28 - 30) The Cypress City Council, Acting as the Cypress Redevelopment Agency. ***Reconvene the Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Redevelopment Agency requests separate action on a specific item. September 22, 2003 Page 13 CONSENT CALENDAR: 28. CONSIDERATION OF AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION. Recommended Action: That the Cypress Redevelopment Agency Board approve Amendment No. 2 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. 29. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2002-03. Recommended Action: That the Cypress Redevelopment Agency Board approve additional appropriations for Fiscal Year 2002-03 as follows: Appropriate $12,000 to account 4299-35-194-06 (Development Assistance) from the fund balance of the Civic Center Project Area Capital Projects Fund; and Appropriate $10,000 to account 4179-38-197-06 (Legal Services) from the fund balance of the Los Alamitos Race Track and Golf Course Project Area (LART) Capital Projects Fund. 30. APPROVAL OF FISCAL YEAR 2002-03 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS REDEVELOPMENT AGENCY TO FISCAL YEAR 2003-04. Recommended Action: That the Cypress Redevelopment Agency Board: 1. Authorize the appropriation of funds in Fiscal Year 2003-04 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 35 Civic Center Project Fund $ 1,337 37 Lincoln Avenue Project Fund $ 23,682 38 LART Project Fund $ 9,847 September 22, 2003 Page 14 36 Low and Moderate Housing Set-Aside Fund $ 423,735 2. Authorize the appropriation of funds in Fiscal Year 2003-04 for items encumbered at June 30, 2003 as detailed in Attachment B and summarized below: 35 Civic Center Project Fund $ 5,727 37 Lincoln Avenue Project Fund $ 2,093 38 LART Project Fund $ 16,153 36 Low and Moderate Housing Set-Aside Fund $ 14,914 3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2003-04 as listed below: FROM TO AMOUNT 35 Civic Center Project Fund 15 City CIP Fund $205,950 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 1. Discussion Regarding Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds (Requested by Council Member McGill) ITEMS FROM CITY MANAGER ADJOURNMENT of the Cypress City Council and the Cypress Redevelopment Agency. The next meeting will be a Regular Meeting, to be held on Monday, October 13, 2003, beginning at 5:30 p.m. in the Executive Board Room. September 22, 2003 Page 15 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 18day of September, 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, SEPTEMBER 19, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.