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Agenda 2004-04-12 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 12, 2004 5:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. WORKSHOP SESSION/CLOSED SESSION EXECUTIVE BOARD ROOM CYPRESS CITY HALL 5275 Orange Avenue CYPRESS, CALIFORNIA REGULAR MEETING BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street CYPRESS, CALIFORNIA CALL TO ORDER 5:00 P.M. Executive Board Room JOINT MEETING WITH THE CABLE TELEVISION COMMISSION 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 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. April 12, 2004 Page 2 CABLE TELEVISION COMMISSION COMMISSIONER JERRY BATES COMMISSIONER BRIAN BLACK COMMISSIONER JOSEPH HOURIGAN COMMISSIONER LARRY SANTUCCI COMMISSIONER RUFUS WASHINGTON ITEMS FOR DISCUSSION: GENERAL DISCUSSION AND UPDATE REGARDING CURRENT PROJECTS AND/OR ISSUES ***Recess the Joint Council/Commission meeting. WORKSHOP REVIEW OF PROPOSED 2004-2011 SESSION CAPITAL IMPROVEMENT PROGRAM BUDGET ***Recess the meeting to Closed Session. 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) April 12, 2004 Page 3 Number of cases: Two RECONVENE 7:00 P.M. BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street, Cypress, CA 90630 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. April 12, 2004 Page 4 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 AMENDMENT TO CONDITIONAL USE PERMIT NO. 77-9, A REQUEST TO EXPAND AN EXISTING BILLIARD HALL WITH ONSITE BEER AND WINE SALES LOCATED AT 6285- 6289 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving amendment to Conditional Use Permit No. 77-9 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 77-9 – With Conditions. 2. PUBLIC HEARING REGARDING THE PROPOSED 2004-2011 CAPITAL IMPROVEMENT PROGRAM. Recommendation: That the City Council conduct a Public Hearing to solicit comments on the City’s proposed 2004-2011 Capital Improvement Program. 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 - 18) 3. APPROVAL OF MINUTES Meetings of March 15, March 22, and March 31, 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. April 12, 2004 Page 5 5. PROCLAIMING THE MONTH OF APRIL, 2004, AS “FAIR HOUSING MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2004, as “Fair Housing Month” in the City of Cypress. 6. PROCLAIMING THE WEEK OF APRIL 18-24, 2004, AS “NATIONAL CRIME VICTIMS’ RIGHTS WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of April 18-24, 2004, as “National Crime Victims’ Rights Week” in the City of Cypress. 7. PROCLAIMING THE WEEK OF APRIL 18-25, 2004, AS “DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of April 18-25, 2004, as “Days of Remembrance of the Victims of the Holocaust” in the City of Cypress. 8. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-02, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE WALGREEN’S DRUG STORE LOCATED AT 5005 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2004-02, subject to the eleven (11) conditions attached in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-02 – With Conditions. April 12, 2004 Page 6 9. AWARD OF CONTRACT 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) Appropriate $15,000 from the unreserved fund balance of the Measure M Turnback Fund (Fund 39) and allocate $7,000 to Account No. 4186-39-847-22 (Installation of Protected/Permissive Left Turns at the Intersection of Orange Avenue and Denni Street) and $8,000 to Account No. 4186-39- 847-22 (Installation of Protected/Permissive Left Turns at the Intersection of Orange Avenue and Walker Street); and 2) Determine the lowest responsible bidder for Public Works Project No. 2004-05 to be R & M Electrical Contracting; and 3) Award a contract 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, in the amount of $104,000, to R & M Electrical Contracting, 22541 Aspan Street, Suite C, Lake Forest, California 92630; and 4) Authorize $10,440 (10% of the estimated project cost-bid amount) as contingency to be used for unforeseen work or adjustment in quantities. 10. ACCEPTANCE OF THE CYPRESS POLICE DEPARTMENT LABORATORY REMODEL, PUBLIC WORKS PROJECT NO. 2003-34. Recommended Action: That the City Council: 1) Accept the Cypress Police Department Laboratory Remodel, Public Works Project No. 2003- 34, as being completed in substantial conformance with the project specifications; and 2) Approve the final retention payment of $2,970 to Elite Custom Cabinets, Inc., 9820 Jersey Avenue, Santa Fe Springs, California 90670; and 3) Authorize the City Clerk to release the cash deposit upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 11. AWARD OF CONTRACT FOR REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 2, PUBLIC WORKS PROJECT NO. 2003-45. Recommended Action: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2003-45 to be Orion Contracting, 806 E. Avenida Pico, Suite 1 - #337, San Clemente, California 92673; and 2) Award a contract for Rehabilitation of Tanglewood Alleys, Phase 2, in the amount of $462,600, to Orion Contracting; and 3) Authorize $46,260 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. April 12, 2004 Page 7 12. ACCEPTANCE OF REMOVAL OF UNDERGROUND STORAGE TANKS AT THE CITY CORPORATION YARD, PUBLIC WORKS PROJECT NO. 2003-51. Recommended Action: That the City Council: 1) Accept the Removal of the Underground Storage Tanks at the City Corporation Yard, Public Works Project No. 2003-51, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $56,644.55; and 2) Approve the final retention payment of $5,664.45 to The Reynolds Group, P.O. Box 1996, Tustin, California 92781; 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. 13. RETENTION OF PROFESSIONAL ENGINEERING SERVICES FOR MODIFICATION OF SEWER SYSTEM AT THE INTERSECTION OF LINCOLN AVENUE AND MOODY STREET, PUBLIC WORKS PROJECT NO. 2003-39, AND AT THE INTERSECTION OF CERRITOS AVENUE AND FLORENCE STREET, PUBLIC WORKS PROJECT NO. 2004-07. Recommended Action: That the City Council: 1) Award a professional engineering services contract for preparation of construction plans, specifications, and estimate for Modification of Sewer System at the Intersection of Lincoln Avenue and Moody Street, Public Works Project No. 2003-39, to S A Associates, 1130 W. Huntington Drive, Unit 12, Arcadia, California 90017, for an amount not to exceed $18,000; and 2) Award a professional engineering services contract for preparation of construction plans, specifications, and estimate for Modification of Sewer System at the Intersection of Cerritos Avenue and Florence Street, Public Works Project No. 2004-07, to Hall & Foreman, Inc., 420 Exchange, Suite 100, Irvine, California 92602, for an amount not to exceed $34,790; and 3) Authorize $5,000 as a contingency to be used for reimbursable and design contingency; and 4) Appropriate $58,000 from the Unreserved Fund Balance of the Sewer Fund to Account No. 4189-41-436-24. April 12, 2004 Page 8 14. ACCEPTANCE OF FEMA SUPPLEMENTAL COMMUNITY EMERGENCY RESPONSE TEAM GRANT AND APPROPRIATION OF FUNDS. Recommended Action: That the City Council: 1) Accept the FEMA Supplemental Community Emergency Response Team grant, for the amount of $4,136; and 2) Approve an increase to estimated revenues in the General Fund in Other Grants account number 3525-11-999-99 for $4,136; and 3) Approve the appropriation of $4,136 from the unreserved fund balance of the General Fund to Small Tools and Equipment account number 4113-11-180-05, for the purchase of various emergency services and training related equipment. 15. ACCEPTANCE OF DONATION FROM EIZO NANAO TECHNOLOGIES FOR FOUR (4) 15” MONITOR CHASSIS. Recommended Action: That the City Council accept the donation of four (4) 15” flat panel Liquid Crystal Display (LCD) monitor chassis. 16. ADDITIONAL APPROPRIATION FOR REPLACEMENT OF ONE MAINTENANCE TRUCK. Recommended Action: That the City Council: 1) Appropriate $22,000 to Account No. 4367-90-659-39 from the Equipment Replacement Fund balance, for the purchase of one (1) new replacement pickup truck; and 2) Approve the transfer of $9,000 from the City’s General Liability Fund (2200-96) to the City’s Equipment Replacement Fund (1200-90) for the purchase of one (1) 2004 Chevrolet 2500 HD pickup truck. 17. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 63914 THROUGH 64308. Recommended Action: That the City Council approve the attached warrant registers. April 12, 2004 Page 9 Recreation & Park District Matters: 18. ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1,500 AND THE APPROPRIATION OF $1,500 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Recommended Action: That the City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donations in the amount of $1,500 from Medix Ambulance Service, PacifiCare, Heritage Memorial Services, Los Alamitos Medical Center, Blue Cross of California, and La Palma Intercommunity Hospital, and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,500; and 2) Appropriate $1,500 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4104-12-317-10 for the purchase of supplies for the Volunteer Recognition Celebration on April 17, 2004. Supplies include decorations, entertainment and giveaways for the 175 volunteers. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) No items. UNFINISHED BUSINESS No items. April 12, 2004 Page 10 NEW BUSINESS (19) 19. ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT, THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT, AND THE LINCOLN AVENUE REDEVELOPMENT PROJECT, PURSUANT TO SENATE BILL 1045. Recommended Action: That the City Council introduce the Ordinance by title only, title as follows, and waive the first reading, amending the Redevelopment Plans for the Civic Center Redevelopment Project, the Los Alamitos Race Track and Golf Course Redevelopment Project, and the Lincoln Avenue Redevelopment Project, pursuant to Senate Bill 1045 as codified in Health & Safety Code Section 33333.6(e)(2)(C). An Ordinance of the City Council of the City of Cypress, Amending the Redevelopment Plans for the Civic Center Redevelopment Project, the Los Alamitos Race Track and Golf Course Redevelopment Project, and the Lincoln Avenue Redevelopment Project, Pursuant to Senate Bill 1045 As Codified In Health & Safety Code Section 33333.6(e)(C). RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. April 12, 2004 Page 11 CYPRESS REDEVELOPMENT AGENCY MATTERS (20) 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: 20. ACCEPTANCE OF ASBESTOS REMOVAL AND DEMOLITION OF STRUCTURES AT 5732 AND 6122 LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2003-57. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Accept the project for asbestos removal and demolition of structures at 5732 and 6122 Lincoln Avenue, Public Works Project No. 2003-57, as being satisfactorily completed in conformance with the project specifications; and 2) Approve the final retention payment of $4,811 to Greenleaf Demolition and Grading, 7702 Yukon Drive, Huntington Beach, California 92648, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed. 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 April 12, 2004 Page 12 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, April 26, 2004, beginning at 5:00 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 8day of April, 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, APRIL 9, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.