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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.