Loading...
Agenda 2004-06-14 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 14, 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 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. June 14, 2004 Page 2 WORKSHOP SESSION ITEMS FOR DISCUSSION: GENERAL DISCUSSION REGARDING 2004 CYPRESS GENERAL MUNICIPAL ELECTION ***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 JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et al. Case Number 04CC00136 Orange County Superior Court – Civil Complex Center 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 June 14, 2004 Page 3 RECONVENE 7:00 P.M. BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street, Cypress, CA 90630 PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Presentation of City Tile Plaque to William W. Wynder, City Attorney, in Commemoration and Celebration of the One Year Anniversary of Aleshire & Wynder, LLP 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. June 14, 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 THE CONSIDERATION OF ISSUANCE BY THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE TARA VILLAGE APARTMENTS LOCATED AT 5201 LINCOLN AVENUE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving execution and delivery by the ABAG Finance Authority for Nonprofit Corporations of the issuance of bonds relating to the Tara Village Apartments and BCC Corporation. A Resolution of the City Council of the City of Cypress, Approving Execution and Delivery by the ABAG Finance Authority for Nonprofit Corporations of the Issuance of Bonds Relating to the Tara Village Apartments and BCC Corporation. 2. PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: FEDERAL GRANTS UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANTS 2003. Recommended Action: That the City Council: 1) Conduct a public hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the grant funds; and 2) Accept the awarded grant sum of $19,966 from the federal government. 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 - 22) 3. APPROVAL OF MINUTES Meeting of May 24, 2004. June 14, 2004 Page 5 Recommended Action: Approve as submitted, with Mayor Keenan abstaining on the minutes due to his absence from the meeting. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2004 THROUGH JUNE 30, 2007. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, ratifying the Memorandum of Understanding between the City of Cypress and the Cypress Maintenance Employees’ Association. A Resolution of the City Council of the City of Cypress, Approving the Memorandum of Understanding Between the City of Cypress and the Cypress Maintenance Employees’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. 6. ADOPTION OF RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 970 REGARDING EMPLOYER-EMPLOYEE RELATIONS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving a side letter of agreement between the City of Cypress and the Cypress Police Officers’ Association and Cypress Employees’ Association regarding unit modification and amending Resolution No. 970 pertaining to relations and communications between the City of Cypress and its employees. A Resolution of the City Council of the City of Cypress, Approving a Side Letter of Agreement Between the City of Cypress and the Cypress Police Officers’ Association and Cypress Employees’ Association Regarding Unit Modification and Amending Resolution No. 970 Pertaining to Relations and Communications Between the City of Cypress and Its Employees. June 14, 2004 Page 6 7. APPROVAL OF AMENDMENT TO AGREEMENT FOR PROVISION OF EMERGENCY MEDICAL TRANSPORTATION AND RELATED SERVICES WITH MEDIX AMBULANCE SERVICE, INC. Recommended Action: That the City Council, based on the recommendation of the Orange County Fire Authority and the City’s Board Member representative, Council Member McGill, approve the Amendment to Agreement to extend the current contract with Medix Ambulance Service to provide Emergency Medical Transportation Services for the City for an additional two months from the period June 30, 2004 through August 31, 2004. 8. AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommended Action: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21- A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 S. La Cienega Blvd., Los Angeles, CA 90035, for an amount not to exceed $153,202 per year. 9. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2004-05. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving the City’s participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds; and 2) Authorize the Mayor, City Manager, Assistant City Manager, and/or their designees to execute the two associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. 10. APPROVAL OF COUNTY OF ORANGE MAP CHECK AGREEMENT NO. D04-037. Recommended Action: That the City Council approve the County of Orange Map Check Agreement No. D04-037 and authorize the Mayor to execute all necessary documents. June 14, 2004 Page 7 11. EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit “B”) in the amount of $7,000,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments, proceeds from the sale of property or other available project area revenue sources. 12. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-05, A REQUEST TO CONSTRUCT A 6,000 SQUARE FOOT RETAIL BUILDING LOCATED AT 5371 LINCOLN AVENUE WITHIN THE DOWNTOWN AREA OF THE LINCOLN AVENUE SPECIFIC PLAN. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2004-05 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-05 – With Conditions. 13. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-06, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE CYPRESS GATEWAY BUSINESS PARK LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND YAMAHA WAY. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2004-06 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-06 – With Conditions. 14. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR CYPRESS ACRES STREET AND STORM DRAIN IMPROVEMENTS, PHASE 4, MERTEN AVENUE AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2003-09. June 14, 2004 Page 8 Recommended Action: That the City Council: 1) Approve the plans and specifications for Cypress Acres Street and Storm Drain Improvements, Phase 4, Merten Avenue and La Salle Street, Public Works Project No. 2003-09; and 2) Authorize staff to advertise the project for bid. 15. ANNUAL REQUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Recommended Action: That the City Council adopt the Resolution by title only, title as follows, informing the Orange County Transportation Authority (OCTA) that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways (MPAH). A Resolution of the City Council of the City of Cypress, Concerning the Status of the Circulation Element for the City of Cypress. 16. APPROVAL OF THE CITY ENGINEER’S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving the City Engineer’s Report and establishing a public hearing for July 12, 2004, declaring the City Council’s intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. A Resolution of the City Council of the City of Cypress, Approving the City Engineer’s Report Dated June 14, 2004, In Connection with the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1. A Resolution of the City Council of the City of Cypress, Declaring Its Intention to Order the Renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2004-05, Pursuant to the Landscaping and Lighting Act of 1972, and Fixing a Time and Place for Hearing Objections Thereto. 17. ACCEPTANCE OF FINAL TRACT MAP NO. 16555. PROPERTY LOCATED AT 4891 CERRITOS AVENUE. Recommended Action: That the City Council approve Final Tract Map No. 16555 and authorize the City Clerk to sign the record map. June 14, 2004 Page 9 18. ACCEPTANCE OF FINAL TRACT MAP NO. 16564. PROPERTY LOCATED AT 10800 WALKER STREET. Recommended Action: That the City Council approve Final Tract Map No. 16564 and authorize the City Clerk to sign the record map. 19. APPROPRIATION OF FUNDS FOR THE PURCHASE OF POLICE MOBILE DATA COMPUTER (MDC) DISPLAY MONITORS. Recommended Action: That the City Council: 1) Approve the sale of surplus Vehicle Radio Modems (VRM’s) and approve an increase of $25,500 in estimated revenue (3700-90) received from the sale of the VRM’s; and 2) Approve an appropriation increase of $25,500 to account number 4305-90-656-35 for the purchase of Mobile Data Computer (MDC) display monitors. 20. APPROVAL OF REINSTATEMENT FROM INDUSTRIAL DISABILITY RETIREMENT AS A MEMBER OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM – MATTHEW ROBINSON. Recommended Action: That the City Council approve reinstatement of Matthew Robinson from industrial disability retirement as a member of the California Public Employees’ Retirement System. 21. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 64927 THROUGH 65159. Recommended Action: That the City Council approve the attached warrant registers. Recreation & Park District Matters: 22. AWARD OF CONTRACT FOR THE PURCHASE OF TWO (2) VEHICLES. Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Award a contract to purchase one (1) van and one (1) car from Wondries Fleet Division, 1247 W. Main Street, Alhambra, CA 91800, in the amount of $52,114.37; and 2) Approve the additional appropriation of $2,115.00 from the Recreation and Park District Equipment Replacement Fund (4365-83- 654-39) for the purchase of two (2) vehicles. END OF CONSENT CALENDAR June 14, 2004 Page 10 ORDINANCES: (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS (23) 23. ADOPTION OF AN ORDINANCE TO REPEAL CHAPTER 2A OF THE CYPRESS MUNICIPAL CODE AND REPLACE WITH NEWLY ESTABLISHED GENERAL OPERATING PROCEDURES AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES. Recommended Action: That the City Council introduce the Ordinance for first reading by title only, title as follows, repealing Chapter 2A of the Cypress Municipal Code and establishing new general operation procedures and standards for ambulance transportation services within the City. An Ordinance of the City Council of the City of Cypress, California, Repealing Chapter 2A of the Cypress Municipal Code and Establishing New General Operation Procedures and Standards for Ambulance Transportation Services Within the City. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. June 14, 2004 Page 11 CYPRESS REDEVELOPMENT AGENCY MATTERS (24 - 25) 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 (24): 24. EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommended Action: That the Cypress Redevelopment Agency authorize Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit “B”) in the amount of $7,000,000 with the City of Cypress, with the repayment by the Agency being made from future tax increments, proceeds from the sale of property or other available project area revenue sources. END OF CONSENT CALENDAR NEW BUSINESS (25): JOINT ITEM WITH THE CYPRESS CITY COUNCIL: 25. APPROVAL OF SETTLEMENT AGREEMENT AND ASSOCIATED AFFORDABLE HOUSING AGREEMENT FOR DEVELOPMENT OF THE PROPERTY LOCATED AT 4801 LINCOLN AVENUE. Recommended Action: 1) That the City Council approve the Settlement Agreement and Associated Affordable Housing Agreement and authorize the execution of the Agreement by the Mayor; and 2) That the Cypress Redevelopment Agency approve the Settlement Agreement and June 14, 2004 Page 12 Associated Affordable Housing Agreement and authorize the execution of the Agreement by the Agency Chair. 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, June 28, 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 10day of June, 2004. ________________________________ Jill R. Guertin, City Clerk June 14, 2004 Page 13 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, JUNE 11, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.