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Agenda 2003-10-27 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 27, 2003 5:15 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:15 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 ***Recess the meeting to Closed Session. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Agency negotiator: William W. Wynder Employee: City Manager ***Reconvene the City Council meeting. 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. October 27, 2003 Page 2 WORKSHOP SESSION DISCUSSION REGARDING DONATION OF A PUBLIC ART PIECE FROM THE FRIENDS OF CYPRESS CULTURAL ARTS, INC. ***Recess the meeting to Closed Session. CLOSED SESSIONCITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Nevis Homes, LLC v. City of Cypress, et al. Orange County Superior Court Case No. 03CC11128 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 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCECub Scout Den #9/Pack #601 INVOCATION October 27, 2003 Page 3 PRESENTATIONS 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 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 (1 - 3) 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. 2003-12, A REQUEST TO CONSTRUCT A SECOND-STORY BALCONY TO THE SIDE OF AN EXISTING RESIDENCE LOCATED AT 9532 MARGARET STREET IN THE RS-6,000 RESIDENTIAL SINGLE- FAMILY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2003-12 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2003-12 – With Conditions. October 27, 2003 Page 4 2. PUBLIC HEARING REGARDING A REVIEW OF CONDITIONAL USE PERMIT NO. 2001-16, INVOLVING AN EXISTING COMPUTER INTERNET BUSINESS LOCATED AT 6927 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommended Action: That the City Council receive and file the report for review of Conditional Use Permit No. 2001-16. 3. PUBLIC HEARING REGARDING REVIEW OF FISCAL YEAR 2004-05 (YEAR 30) COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. Recommended Action: That the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2004-05 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City’s participation in the Fiscal Year 2004- 05 (Year 30) Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. A Resolution of the City Council of the City of Cypress, Approving the th City’s Participation in the 30 Year Housing and Community Development Block Grant (CDBG) Program With the County of Orange. 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 (4 - 13) 4. APPROVAL OF MINUTES Meeting of October 13, 2003. Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. October 27, 2003 Page 5 6. ACCEPTANCE OF REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 1, PUBLIC WORKS PROJECT NO. 2002-39. Recommended Action: That the City Council: 1) Accept the project for Rehabilitation of Tanglewood Alleys, Phase 1, Public Works Project No. 2002-39, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $351,095.23; and 2) Approve the final retention payment of $35,109.52 to Copp Contracting, Inc., P.O. Box 457, Buena Park, California 90621-0457, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 7. ACCEPTANCE OF REHABILITATION OF DENNI STREET FROM CERRITOS AVENUE TO CARBON CREEK CHANNEL, AND MOODY STREET FROM CERRITOS AVENUE TO BALL ROAD, PUBLIC WORKS PROJECT NO. 2003-07. Recommended Action: That the City Council: 1) Accept the Rehabilitation of Denni Street between Cerritos Avenue and Carbon Creek Channel, and Moody Street between Cerritos Avenue and Ball Road, Public Works Project No. 2003-07, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $221,437.12; and 2) Approve the final retention payment of $22,143.71 to Alliance Streetworks, Inc., 3873 E. Eagle Drive, Anaheim, California 92807; 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. 8. ACCEPTANCE OF ASPHALT REPLACEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2002-40. Recommended Action: That the City Council: 1) Accept the Asphalt Replacement at Maintenance Yard, Public Works Project No. 2002-40, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $93,450.50; and 2) Approve the final retention payment of $4,672.53 to Copp Contracting, Inc., P.O. Box 457, Buena Park, California 90621; 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 October 27, 2003 Page 6 objections have been filed, upon concurrence of the Director of Public Works. 9. AWARD OF CONTRACT FOR REPAIR OF SEWER LINE IN ORANGE AVENUE WEST OF MOODY STREET, PUBLIC WORKS PROJECT NO. 2003-05. Recommended Action: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2003-05 to be Atlas- Allied Inc.; and 2) Award a contract for Repair of Sewer Line in Orange Avenue West of Moody Street, Public Works Project No. 2003-05, in the amount of $27,889 to Atlas-Allied Inc., 1210 N. Las Brisas, Anaheim, California 92806; and 3) Authorize $2,800 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 10. APPROVAL OF JOBS HOUSING BALANCE INCENTIVE GRANT PROGRAM (JHBP) CONTRACT. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving the Jobs Housing Balance Incentive Grant Program (JHBP) Agreement funded by the State Department of Housing and Community Development, and authorize the City Manager and/or his designee to execute the grant contract(s), and all other documents and instruments required by the State for participation in the JHBP, on behalf of the City Council. A Resolution of the City Council of the City of Cypress, Authorizing the Execution of a Grant Agreement and Any Amendments Thereto, and Any Other Documents Necessary to Secure a Jobs Housing Balance Incentive Grant Program (JHBP) Grant From the State of California, Department of Housing and Community Development (Department). 11. APPROVAL OF UPDATED RESOLUTION AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND. 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, updating the authorizations associated with the investment of monies in the Local Agency Investment Fund. A Resolution of the City Council of the City of Cypress, Ex Officio Governing Board of Directors of the Cypress Recreation and Park District, A Subsidiary District of the City of Cypress, Authorizing October 27, 2003 Page 7 Investment of Monies in the State of California’s Local Agency Investment Fund. 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2003. Recommended Action: That the City Council receive and file the Investment Report for the month of September, 2003. 13. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 61722 THROUGH 61893. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS No items. October 27, 2003 Page 8 NEW BUSINESS (14) 14. ADOPTION OF ORDINANCES AMENDING THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA, LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA, AND LINCOLN AVENUE REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 211. Recommended Action: That the City Council introduce for First Reading the Ordinances Presented for Consideration by Title Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Adopting the Fourth Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Pursuant to Senate Bill 211 as Codified in Health and Safety Code Section 33333.6(e)(2). An Ordinance of the City Council of the City of Cypress, California, Adopting the Third Amendment to the Redevelopment Plan for the Lincoln Avenue Redevelopment Project Pursuant to Senate Bill 211 as Codified in Health and Safety Code Section 33333.6(e)(2). An Ordinance of the City Council of the City of Cypress, California, Adopting the Third Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Pursuant to Senate Bill 211 as Codified in Health and Safety Code Section 33333.6(e)(2). RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. October 27, 2003 Page 9 CYPRESS REDEVELOPMENT AGENCY MATTERS (15 - 16) 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. CONSENT CALENDAR: 15. ADOPTION OF RESOLUTION APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 5732 LINCOLN AVENUE. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Adopt the Resolution by title only, title as follows, approving the Purchase and Sale Agreement with STSONS Enterprises, Inc. for the Agency’s acquisition of the approximately 1.10 acre parcel located at 5732 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 $1,425,000 to the following account number: 4176-36-196-06. A Resolution of the Cypress Redevelopment Agency, Approving an Agreement for the Purchase and Sale of Real Property By and Between the Agency, as Buyer, and STSONS Enterprises, Inc., as Seller, of an Approximately 1.10 Acre Parcel Located in the City of Cypress at 5732 Lincoln Avenue Within the Lincoln Avenue Redevelopment Project Area. October 27, 2003 Page 10 16. CONSIDERATION OF CONSULTANT SERVICES AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE ROSENOW SPEVACEK GROUP FOR PROJECT MANAGEMENT/ECONOMIC CONSULTING SERVICES. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Approve the Contract Services Agreement with the Rosenow Spevacek Group for Economic Consulting and General Redevelopment Consultant Services; and 2) Approve appropriations from the Agency’s unreserved fund balances as follows: Account Number Amount Civic Center Project Area 4189-35-194-06 $ 1,200 Lincoln Avenue Project Area 4189-37-195-06 $ 1,200 LART Project Area 4189-38-197-06 $ 1,200 Low-Moderate Income Housing 4189-36-196-06 $32,400 Fund 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 October 27, 2003 Page 11 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, November 10, 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 23day of October, 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, OCTOBER 24, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.