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Agenda 2004-01-12 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 12, 2004 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 TIM KEENAN MAYOR PRO TEM/AGENCY VICE CHAIR ANNA L. PIERCY COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER LYDIA SONDHI WORKSHOP DISCUSSION REGARDING PROPOSED MODERNIZATION SESSION AND EXPANSION OF THE CYPRESS COMMUNITY CENTER ***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. January 12, 2004 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 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 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 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 CITY OF CYPRESS ITEMS: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) January 12, 2004 Page 3 Number of cases: Three CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Marchetti and City of Cypress v. Mapon, Inc. Colen & Lee Claim No. 066-00-00029 CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6 Agency Negotiator: Richard Storey Employee Group: Cypress Police Officers’ Association RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION 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. January 12, 2004 Page 4 PUBLIC HEARINGS (1 - 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. JOINT PUBLIC HEARING OF THE CYPRESS CITY COUNCIL AND THE CYPRESS REDEVELOPMENT AGENCY: 1. PUBLIC HEARING REGARDING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION. Recommended Action: That the City Council and Redevelopment Agency: 1) Hold a joint public hearing on the proposed Disposition and Development Agreement between the Agency and Costco Wholesale in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the Agency Resolution by title only, title as follows, approving the Disposition and Development Agreement; and 3) Adopt the City Council Resolution by title only, title as follows, approving the Disposition and Development Agreement. a. Motion that the Cypress Redevelopment Agency adopt the resolution by title only, title as follows: A Resolution of the Cypress Redevelopment Agency, Approving a Disposition and Development Agreement Between the Agency and Costco Wholesale Corporation Pertaining Certain Real Property Located at the Northwest Corner of Walker Street and Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area in the City of Cypress. b. Motion that the City Council adopt the resolution by title only, title as follows: A Resolution of the City Council of the City of Cypress, Approving a Disposition and Development Agreement Between the Cypress Redevelopment Agency and Costco Wholesale Corporation Pertaining Certain Real Property Located at the Northwest Corner of Walker Street and Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area in the City of Cypress. January 12, 2004 Page 5 ***Recess the Cypress Redevelopment Agency. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2003-11, DESIGN REVIEW COMMITTEE PERMIT NO. 2003-28 AND TENTATIVE PARCEL MAP NO. 2003-130, PROPOSED DEVELOPMENT OF A NEW 149,705 SQUARE FOOT RETAIL COMMERCIAL STORE LOCATED AT 5401 KATELLA AVENUE, A RETAIL FUEL STATION AT 10901 WALKER STREET, APPROVAL OF DESIGN REVIEW FOR ALL BUILDINGS AND A SUBDIVISION OF THE EXISTING SITE INTO THREE (3) PARCELS WITHIN THE PBP ZONE. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2003-11 and Design Review Committee Permit No. 2003-28 – With Conditions; and 2) Adopt the Resolution by title only, title as follows, approving Tentative Parcel Map No. 2003-130 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2003-28 and Conditional Use Permit No. 2003-11 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Parcel Map No. 2003-130 – With Conditions. 3. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-1, A REQUEST TO CHANGE THE LOCATION OF THE PROPOSED PHASE 2 AUTOMOTIVE SERVICE BUILDING LOCATED AT 5640 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving amendment to Conditional Use Permit No. 99-1 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 99-1 – With Conditions. 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 - 19) January 12, 2004 Page 6 4. APPROVAL OF MINUTES Meeting of December 8, 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. 6. APPROVAL OF AN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE PREPARATION OF PHASE II OF A FATS, OIL AND GREASE CONTROL PROGRAM STUDY. Recommended Action: That the City Council: 1) Approve an agreement with the Orange County Sanitation District for the preparation of Phase II of a Fats, Oil and Grease Control Program Study; and 2) Appropriate $5,000 from the fund balance of the Sewer Fund to Account No. 4187- 41-219-08 to pay for the City’s proportionate share of the cost of the study. 7. AWARD OF CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANKS AT CITY CORPORATION YARD, PUBLIC WORKS PROJECT NO. 2003-51. Recommended Action: That the City Council: 1) Determine McCarran Environmental to be a non-responsible bidder and the bid from McCarran Environmental to be non-responsive; and 2) Determine the lowest responsible bidder for Public Works Project No. 2003-51 to be The Reynolds Group, Post Office Box 1996, Tustin, California 92781; and 3) Award a contract for the Removal of Underground Storage Tanks at the City Corporation Yard in the amount of $51,790 to The Reynolds Group; and 4) Authorize $5,179 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 8. ACCEPTANCE OF REPAIR OF SEWER LINE IN ORANGE AVENUE WEST OF MOODY STREET, PUBLIC WORKS PROJECT NO. 2003-05. Recommended Action: That the City Council: 1) Accept the Repair of Sewer Line on Orange Avenue West of Moody Street, Public Works Project No. 2003-05, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $27,889; and 2) Approve the final retention payment of $2,788.90 to Atlas-Allied Inc., 1210 N. Las Brisas, Anaheim, California 92806, 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 January 12, 2004 Page 7 expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 9. APPROVAL OF SEWER MASTER PLAN, SEWER CONDITION ASSESSMENT PLAN, AND SEWER FLOW MONITORING, PUBLIC WORKS PROJECT NOS. 2000-06, 2001-16, AND 2002-24. Recommended Action: That the City Council: 1) Approve Amendment No. 4 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District; and 2) Approve Amendment No. 2 to Cooperative Project Program Contract No. 0103 with Orange County Sanitation District; and 3) Approve Amendment No. 2 to Cooperative Project Program Contract No. 0123 with Orange County Sanitation District; and 4) Approve Sewer Master Plan, Sewer Condition Assessment Plan, and Sewer Flow Monitoring, Public Works Project Nos. 2000-06, 2001-16, and 2002-24; and 5) Authorize the City Manager to execute Amendment No. 4 to Contract No. 0001, Amendment No. 2 to Contract No. 0103, Amendment No. 2 to Contract No. 0123 for Cooperative Project Program Agreements with Orange County Sanitation District; and 6) Authorize staff to submit all deliverables and requests for reimbursement to Orange County Sanitation District. 10. APPROPRIATION OF CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT FUNDS. Recommended Action: That the City Council: 1) Approve an increase to estimated revenues in the General Fund in Other Grants, Account No. 3525-11-999-99, for $6,206; and 2) Approve the appropriation of $6,206 from the unreserved fund balance of the General Fund to Small Tools and Equipment, Account No. 4113-11-184-05. 11. ACCEPTANCE OF DONATION FOR POLICE TRAINING. Recommended Action: That the City Council: 1) Accept the donation in the amount of $5,000, and increase estimated revenues (3711-11, expense reimbursement) in the General Fund; and 2) Appropriate $5,000 from the unreserved fund balance of the General Fund to Account No. 4220-11-167-05 (P.O.S.T. Training). January 12, 2004 Page 8 12. ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING MEMBER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS). 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 Resolutions by title only, titles as follows, regarding member contributions to the Public Employees’ Retirement System (PERS). 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, Regarding Member Contributions to the Public Employees’ Retirement System (PERS). 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, Regarding Retirement Contributions to the Public Employees’ Retirement System (PERS) 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, a Subsidiary District of the City of Cypress, Regarding Retirement Contributions to the Public Employees’ Retirement System (PERS) for Public Safety Members of the Cypress Police Officers’ Association. 13. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS’ APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2004. Recommended Action: That the City Council receive and file the report on Agreed-Upon Procedures Applied to the City of Cypress’ Appropriation Limit for the Fiscal Year Ending June 30, 2004. 14. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2003. Recommended Action: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2003. January 12, 2004 Page 9 15. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2003. Recommended Action: That the City Council receive and file the Comprehensive Annual Financial Report of the City of Cypress for the Fiscal Year Ended June 30, 2003. 16. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2003. Recommended Action: That the City Council receive and file the Investment Report for the month of November, 2003. 17. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 62558 THROUGH 62903. Recommended Action: That the City Council approve the attached warrant register. Recreation & Park District Matters: 18. APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 7 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR A SIX-MONTH PERIOD, JANUARY 1, 2004, THROUGH JUNE 30, 2004. 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. 7 to Agreement No. C-8-0189 with the Orange County Transportation Authority, extending the term of the Agreement for six months, January 1, 2004, through June 30, 2004, with no changes to the cost per passenger trip or to the terms and conditions of the Agreement. 19. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2004. Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District’s Appropriation Limit for the Fiscal Year Ending June 30, 2004. END OF CONSENT CALENDAR January 12, 2004 Page 10 ORDINANCES: (SECOND READING) (20) 20. SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2003-08, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE TABLE 25.7(A) REGARDING PARKING STANDARDS FOR TAKE-OUT OR LIMITED SEATING RESTAURANTS. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, and waive further reading, amending Section 25, Appendix “A” of the Cypress Zoning Ordinance (Signs), amending Table 25.7(A) regarding parking requirements for restaurant uses. An Ordinance of the City Council of the City of Cypress, Amending Section 25, Appendix “A” of the Cypress Zoning Ordinance (Signs), Amending Table 25.7(A) Regarding Parking Requirements for Restaurant Uses. UNFINISHED BUSINESS No items. NEW BUSINESS (21) 21. CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-29, CYPRESS CIVIC CENTER RENOVATION/CIVIC CENTER IMPROVEMENT PHASE I. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2003-29 – with conditions; and 2) Certify the Mitigated Negative Declaration (De Minimus) and Mitigation Monitoring Program; and 3) Approve the plans and specifications for Civic Center Improvement Phase I, Public Works Project No. 2003-11, and authorize staff to advertise the project for bids. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2003-29 – January 12, 2004 Page 11 With Conditions. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (22) 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: 22. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2003. Recommended Action: That the Cypress Redevelopment Agency Board receive and file the Component Unit Financial Report of the Cypress Redevelopment Agency for the Fiscal Year Ended June 30, 2003. 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. January 12, 2004 Page 12 ITEMS FROM CITY COUNCIL MEMBERS ·· Reports on Committee Assignments ·· Other Items 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, January 26, 2004, 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 7day of January, 2004. ________________________________ Jill R. 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, JANUARY 9, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.