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Agenda 2004-02-09 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 9, 2004 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 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 SESSION PRESENTATION BY MAYOR KEENAN REGARDING CENTERLINE: LOCALLY PREFERRED ALTERNATIVE ***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. February 9, 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 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 INVOCATION PRESENTATIONS PRESENT “KINDERGARTEN AWARENESS WEEK” PROCLAMATION TO DR. BILL ELLER, SUPERINTENDENT, CYPRESS SCHOOL DISTRICT REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY February 9, 2004 Page 3 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) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING EXTENSION OF AMENDED CONDITIONAL USE PERMIT NO. 97-32, A REQUEST FOR A SIX (6) MONTH EXTENSION TO COMPLETE AN ANTENNA UPGRADE AT 8911 WATSON STREET WITHIN THE PC PLANNED COMMUNITY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving a six (6) month extension of amended Conditional Use Permit No. 97-32, reducing the scale of the existing antenna array – with revised 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 Six (6) Month Extension of Amended Conditional Use Permit No. 97-32, Reducing the Scale of the Existing Antenna Array – With Revised Conditions. February 9, 2004 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 - 9) 2. APPROVAL OF MINUTES Meeting of January 26, 2004. 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. PROCLAIMING THE WEEK OF FEBRUARY 25, 2004, AS “KINDERGARTEN AWARENESS WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the City Council officially proclaim the week of February 25, 2004, as “Kindergarten Awareness Week” in the City of Cypress. 5. APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN THE CASE OF MARCHETTI AND CITY OF CYPRESS V. MAPON, INC. Recommended Action: That the City Council approve the Settlement Agreement and Mutual Release by and between Vincent Marchetti, City of Cypress, and Mapon, Inc., dba Ace Roofing. 6. REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF CERRITOS. Recommended Action: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of a lawsuit by the City of Cerritos against the State of California to invalidate the preemption of one-quarter cent of local sales tax as part of the “Triple Flip.” February 9, 2004 Page 5 7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR THE INSTALLATION OF PROTECTED/PERMISSIVE LEFT TURNS AT THE INTERSECTIONS OF ORANGE AVENUE AT DENNI STREET AND ORANGE AVENUE AT WALKER STREET, PUBLIC WORKS PROJECT NO. 2004-05. Recommended Action: That the City Council: 1) Approve the plans and specifications for the Installation of Protected/Permissive Left Turns at the Intersections of Orange Avenue at Denni Street and Orange Avenue at Walker Street, Public Works Project No. 2004-05; and 2) Authorize City staff to advertise the project for bid. 8. APPROPRIATION OF FUNDS FOR POLICE MOBILE DATA COMPUTER SERVICE UPGRADES. Recommended Action: That the City Council: 1) Approve the appropriation of $100,000 for the police mobile data computer software, service and provider upgrades from the unreserved fund balance of the Capital Replacement Fund (4305-90-656-35); and 2) Approve an increase of $19,000 in estimated revenue (3525-11) from the Local Law Enforcement Block Grant; and 3) Approve an increase of $22,637 in estimated revenue (3525-11) from the California Law Enforcement Equipment Program grant; and 4) Approve a transfer of $59,594 from the unreserved fund balance of the General Fund (2200-11) to the Capital Replacement Fund (1200-90); and 5) Approve an appropriation decrease of $6,206 in 4113-11-184-05 (California Law Enforcement Block Grant) for monies that will be reallocated for the purchase of the mobile data computer services. 9. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 63039 THROUGH 63252. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS No items. February 9, 2004 Page 6 NEW BUSINESS 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 (10) The Cypress City Council, Acting as 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: 10. AWARD OF CONTRACT FOR DEMOLITION OF STRUCTURES AT 5732 AND 6122 LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2003-57. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Determine the lowest responsible bidder for Public Works Project No. 2003-57 to be Greenleaf Demolition and Grading, 7702 Yukon Drive, Huntington Beach, California 92648; and 2) Approve an appropriation from the unreserved fund balance of the Cypress Redevelopment Agency’s Low and Moderate Income Housing Fund in the amount of $33,250 to Account No. 4176-36-196-06; and 3) Award a contract for demolition of structures at 5732 and 6122 Lincoln Avenue, in the amount of $50,750, to Greenleaf Demolition and Grading; and 4) Authorize $12,500 (25% of bid amount) as contingency to be used for unforeseen work or adjustment in quantities. February 9, 2004 Page 7 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 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 23, 2004, beginning at 5:30 p.m. in the Executive Board Room. PLEASE NOTE: Due to the renovation of the Cypress Council Chamber, the City Council will be holding all regularly scheduled City Council meetings at the Cypress School District Board Room, 9470 Moody Street, Cypress, effective with the February 23, 2004 City Council meeting. All scheduled Workshop Sessions and Special Meetings will continue to be held in the Executive Board Room at City Hall, and all regular meetings of the City Council on the second and fourth Mondays of each month will commence at 7:00 p.m. at the Cypress School District Board Room until further notice, and will not be broadcast on Cypress Channel 36. 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 5day of February, 2004. ________________________________ Jill R. Guertin, City Clerk February 9, 2004 Page 8 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, FEBRUARY 6, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.