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Agenda 2003-11-10 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 10, 2003 5:45 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:45 P.M. Council Chambers 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. 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. November 10, 2003 Page 2 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 ***RECESS for the 2003 Family of the Year Reception, to be held from 6:30 – 7:00 p.m. in the Council Chambers. RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENT RESOLUTION RECOGNIZING THE PALMER FAMILY AS THE 2003 CYPRESS FAMILY OF THE YEAR November 10, 2003 Page 3 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) 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. 2003-10, AND DESIGN REVIEW COMMITTEE PERMIT NO. 2003-06, PROPOSED DEVELOPMENT OF A NEW 74,100 SQUARE FOOT RETAIL COMMERCIAL CENTER ON A CURRENTLY VACANT 7.08 ACRE SITE AT THE NORTHWEST CORNER OF KATELLA AVENUE AND SIBONEY STREET WITHIN THE PBP (PLANNED BUSINESS PARK) ZONE AND WITHIN AREA 6 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. 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 Conditional Use Permit No. 2003-10 and Design Review Committee Permit No. 2003-06, subject to the conditions attached in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2003-10 and Design Review Committee Permit No. 2003-06 – With Conditions. November 10, 2003 Page 4 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 (2 - 14) 2. APPROVAL OF MINUTES Meeting of October 27, 2003. Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-30, DONATION OF SCULPTURE AND PROPOSED PLACEMENT WITHIN THE CIVIC CENTER CAMPUS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2003-30. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2003-30. 5. ADOPTION OF A RESOLUTION RECOGNIZING THE PALMER FAMILY AS THE 2003 CYPRESS FAMILY OF THE YEAR. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, recognizing the Palmer family as the 2003 Cypress Family of the Year. A Resolution of the City Council of the City of Cypress, Recognizing the Palmer Family as the 2003 Cypress Family of the Year. November 10, 2003 Page 5 6. ADOPTION OF A RESOLUTION TO AMEND THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, amending Resolution No. 1635, amending the City of Cypress and Cypress Recreation and Park District Personnel Rules and Regulations. 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. 1635, Amending the City of Cypress and Cypress Recreation and Park District Personnel Rules and Regulations. 7. ADOPTION OF A RESOLUTION ESTABLISHING A RETIREE HEALTH SAVINGS PLAN AND AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO EXECUTE THE PLAN DOCUMENTS. Recommended Action: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, title as follows, establishing a Retiree Health Savings Plan; and 2) Authorize the City Manager and the Director of Finance and Administrative Services to sign and execute the Declaration of Trust of the City of Cypress Integral Part Trust and the City of Cypress Retiree Medical and Dental Expense Reimbursement Plan (Welfare Benefit Plan Document). 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, Establishing a Retiree Health Savings (RHS) Plan. 8. ACCEPTANCE OF DONATION FROM THE AMERICAN LEGION. Recommended Action: That the City Council: 1) Accept the donation in nd the amount of $1,600 from the 82 Airborne Division Association, Orange County Chapter of the American Legion; and 2) Increase estimated revenues (3711-11, expense reimbursement) in the amount of $1,600 in the General Fund; and 3) Appropriate $1,600 from the unreserved fund balance of the General Fund to account 4113-11-167- 05 (small equipment). November 10, 2003 Page 6 9. AWARD OF CONTRACT FOR THE REMODEL OF THE CYPRESS POLICE LABORATORY, PUBLIC WORKS PROJECT NO. 2003-34. Recommended Action: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2003-34 to be Elite Custom Cabinets, Inc., 9820 Jersey Avenue, Santa Fe Springs, California 90670; and 2) Award a contract for the Remodel of the Cypress Police Laboratory in the amount of $24,997 to Elite Custom Cabinets, Inc.; and 3) Authorize $2,200 (8% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities; and 4) Authorize an appropriation of funds in the amount of $4,000 from the unappropriated fund balance of the Capital Improvement Fund into Account No. 4186-15-826-24 for the Cypress Police Laboratory Remodel. 10. AWARD OF CONTRACT FOR PURCHASE OF SIX (6) PATROL VEHICLES. Recommended Action: That the City Council: 1) Appropriate $30,000 to Account No. 4377-90-659-39 from the Equipment Replacement Fund, for the purchase of one (1) new K-9 vehicle; and 2) Approve the transfer of $30,000 from the City’s General Liability Fund (2200-96) to the City’s Equipment Replacement Fund (1200-90) for the purchase of one (1) K-9 vehicle and replacement equipment; and 3) Award a contract to purchase the five (5) 2004 Crown Victoria Police Interceptors and one (1) 2004 Pontiac Grand Prix from Wondries Fleet Division, 1247 W. Main Street, Alhambra, California 91803, in the amount of $148,339.27. 11. ADOPTION OF PUBLIC WORKS CONTRACT CHANGE ORDER POLICY. Recommended Action: That the City Council adopt an Administrative Policy titled “Public Works Contract Change Order.” 12. EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Notes (Exhibit “B”) in the amount of $10,600,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments or other available project area revenue sources. November 10, 2003 Page 7 13. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF POLICE SERVICES OFFICER. 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 revised class specification for the regular full-time position of Police Services Officer. 14. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 61894 THROUGH 62129. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (15) 15. SECOND READING OF ORDINANCES AMENDING THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA, LOS ALAMITOS RACE TRACK AND GOLF COURSE PROJECT AREA, AND LINCOLN AVENUE REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 211. Recommended Action: That the City Council adopt the Ordinances by title only, titles as follows, amending the Redevelopment Plans for the Civic Center Redevelopment Project Area, Los Alamitos Race Track and Golf Course Project Area, and Lincoln Avenue Redevelopment Project Area pursuant to Senate Bill 211. 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). November 10, 2003 Page 8 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). UNFINISHED BUSINESS No items. NEW BUSINESS (16) 16. ADOPTION OF AN URGENCY ORDINANCE TO AMEND THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO INCLUDE THE PROVISION OF MILITARY SERVICE CREDIT AS PUBLIC SERVICE. Recommended Action: That the City Council, pursuant to the provisions of the City Charter and California Government Code §§ 36934 and 36937, adopt the Urgency Ordinance to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. An Urgency Ordinance of the City Council of the City of Cypress, California, Authorizing an Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. November 10, 2003 Page 9 CYPRESS REDEVELOPMENT AGENCY MATTERS (17) 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: 17. EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommended Action: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and two Promissory Notes (Exhibit “B”) in the amount of $10,600,000 with the City of Cypress, with the repayment to the City being made from future tax increments or other available project area revenue sources. 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 November 10, 2003 Page 10 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 24, 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 6day of November, 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, NOVEMBER 7, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.