Agenda 2004-01-26
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JANUARY 26, 2004
6:00 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
CALL TO ORDER 6:00 P.M.
Council Chambers
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
***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 26, 2004 Page 2
CLOSED SESSIONCYPRESS 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)
Number of cases: Two
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
January 26, 2004 Page 3
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.
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.
2003-16, A REQUEST TO ALLOW THE SALE OF BEER AND WINE AT
AN EXISTING JAPANESE STYLE RESTAURANT (DBA SUSHILAND
USA INC.) LOCATED AT 6907 KATELLA AVENUE IN THE PC-1
PLANNED COMMUNITY BUSINESS PARK ZONE.
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Conditional Use Permit No.
2003-16 – with conditions.
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 Conditional Use Permit No. 2003-16 – With Conditions.
January 26, 2004 Page 4
2. PUBLIC HEARING REGARDING AN APPLICATION FOR A SPECIAL
PERMIT TO OPERATE A SECONDHAND STORE DBA HAYLEY’S
CLOSET LOCATED AT 9959 WALKER STREET WITHIN THE CG
COMMERCIAL GENERAL ZONE, TO ALLOW SECONDHAND
MERCHANDISE SALES OF USED CHILDREN’S CLOTHES AND
ACCESSORIES.
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving a Special Use Permit to allow
secondhand merchandise sales at a secondhand store located at 9959
Walker Street – with conditions.
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
Special Use Permit for a Secondhand Store Located at 9959 Walker
Street – 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 (3 - 14)
3. APPROVAL OF MINUTES
Meeting of January 12, 2004.
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.
January 26, 2004 Page 5
5. ADOPTION OF RESOLUTION AND AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CYPRESS AND THE CYPRESS POLICE OFFICERS’ ASSOCIATION
FOR CONTRACT PERIOD JULY 1, 2001 THROUGH JUNE 30, 2006.
Recommended Action: That the City Council: 1) Adopt the Resolution
by title only, title as follows, approving Amendment No. 1 to the
Memorandum of Understanding between the City of Cypress and the
Cypress Police Officers’ Association concerning wages, salaries, fringe
benefits and conditions of employment; and 2) Approve an increase in
appropriation as follows from the unreserved fund balance of the
General Fund: 4001-11-163-05 (Salaries) $75,000
4003-11-163-05 (Overtime) $15,000
A Resolution of the City Council of the City of Cypress,
Approving Amendment No. 1 to the Memorandum of Understanding
Between the City of Cypress and the Cypress Police Officers’
Association Concerning Wages, Salaries, Fringe Benefits and
Conditions of Employment.
6. ADOPTION OF RESOLUTION APPROVING THE CITY OF CYPRESS’
STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS)
MULTI-HAZARD FUNCTIONAL PLAN.
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, adopting an Emergency Operations Plan for
said city.
A Resolution of the City Council of the City of Cypress,
California, Adopting a Standardized Emergency Management
System (SEMS) Multi-Hazard Functional Plan for Said City.
7. ACCEPTANCE OF THE AUDIT LETTER, AUDITOR’S
RECOMMENDATIONS TO MANAGEMENT, AND STAFF’S RESPONSE
TO THE AUDITOR’S RECOMMENDATIONS TO MANAGEMENT FOR
THE FISCAL YEAR ENDED JUNE 30, 2003.
Recommended Action: That the City Council receive and file the Audit
Letter, Auditor’s Recommendations to Management, and Staff’s
Response to the Auditor’s Recommendations to Management.
January 26, 2004 Page 6
8. ACCEPTANCE OF DONATION FROM PACIFICARE FOR THE
PURCHASE OF A SENTINEL RADIO ALARM SYSTEM.
Recommended Action: That the City Council: 1) Accept the donation in
the amount of $4,000 and increase estimated revenues (3713-11,
Donations) in the General Fund; and 2) Appropriate $4,000 from the
unreserved fund balance of the General Fund to account 4113-11-165-
05 (Small Tools and Equipment).
9. AWARD OF CONTRACT FOR REMODEL OF CYPRESS COUNCIL
CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18, AND
DESIGN/BUILD FOR REPLACEMENT OF AUDIO/VIDEO SYSTEMS,
PUBLIC WORKS PROJECT NO. 2001-18AV.
Recommended Action: That the City Council: 1) Determine the lowest
responsible bidder for Public Works Project No. 2001-18 to be DLS
Builders, 1975 N. Batavia, Orange, California 92865; and 2) Award a
contract for Remodel of Cypress Council Chamber to DLS Builders in the
amount of $610,175; and 3) Determine the lowest responsible bidder for
Public Works Project No. 2001-18AV to be CCS Presentation Systems,
5055 Wilshire Blvd., #315, Los Angeles, California 90036; and 4) Award
a contract for Design/Build for Audio/Video Systems for Cypress Council
Chamber to CCS Presentation Systems in the amount of $278,032; and
5) Authorize $28,000 (3% of Bid Amount) as contingency to be used for
unforeseen work or adjustment in quantities for both projects.
10. ACCEPTANCE OF INSTALLATION AND MODIFICATION OF TRAFFIC
SIGNALS AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO.
2002-42.
Recommended Action: That the City Council: 1) Accept the Installation
and Modification of Traffic Signals at Various Locations, Public Works
Project No. 2002-42, as being satisfactorily completed in substantial
conformance with the project specifications in the final amount of
$150,000; and 2) Approve the final retention payment of $15,000 to
R & M Electrical Contracting, 22541 Aspan Street, Suite C, Lake Forest,
California 92630; 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.
January 26, 2004 Page 7
11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
DECEMBER, 2003.
Recommended Action: That the City Council receive and file the
Investment Report for the month of December, 2003.
12. APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 62904 THROUGH 63038.
Recommended Action: That the City Council approve the attached
warrant register.
Recreation & Park District Matters:
13. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL
YEAR ENDED JUNE 30, 2003.
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors for the Cypress Recreation and Park District,
receive and file the Component Unit Financial Report of the Cypress
Recreation and Park District for the fiscal year ended June 30, 2003.
14. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR ARNOLD/CYPRESS PARK NORTH RESTROOM
REMODEL, PUBLIC WORKS PROJECT NO. 2003-26.
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors of the Cypress Recreation and Park District: 1)
Approve the plans and specifications for the remodel of the restrooms at
Arnold/Cypress Park North; and 2) Authorize staff to solicit bids for the
project.
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
No items.
NEW BUSINESS
January 26, 2004 Page 8
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 (15)
The Cypress City Council, Acting as the Cypress Redevelopment Agency.
***Reconvene the Cypress Redevelopment Agency.
NEW BUSINESS:
15. APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
HABITAT FOR HUMANITY OF ORANGE COUNTY, INC. FOR THE
PROVISION OF SEVEN (7) AFFORDABLE TOWNHOME UNITS
LOCATED AT 8882 WALKER STREET.
Recommended Action: That the Cypress Redevelopment Agency
Board: 1) Approve the Affordable Housing Agreement with Habitat for
Humanity of Orange County, Inc. for the provision of seven (7)
affordable townhome units at 8882 Walker Street and authorize the
execution of the Agreement by the Agency Chair; and 2) Approve an
appropriation from the unreserved fund balance of the Agency’s Low
and Moderate Income Housing Fund in the amount of $894,277 to the
following account number: 4299-36-196-06.
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 26, 2004 Page 9
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, February 9, 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
nd
than 72 hours prior to the meeting. Dated this 22day 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 23, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE
ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.