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Agenda 2004-06-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JUNE 28, 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 28, 2004 Page 2 WORKSHOP SESSION DISCUSSION REGARDING CYPRESS RECREATION & PARK DISTRICT POLICIES & PROCEDURES ***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 RECONVENE 7:00 P.M. BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street, Cypress, CA 90630 PLEDGE OF ALLEGIANCE June 28, 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 - 4) 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. 2004-02, A REQUEST TO ESTABLISH A CONTRACTOR’S OFFICE AND STORAGE FACILITY WITHIN THE EXISTING BUILDING LOCATED AT 8953 WALKER STREET IN THE PC PLANNED COMMUNITY ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2004-02 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2004-02 – With Conditions. June 28, 2004 Page 4 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2004-03 AND TENTATIVE TRACT MAP NO. 16698, A REQUEST TO APPROVE A ONE-LOT SUBDIVISION AND CONSTRUCT SEVEN (7) CONDOMINIUMS ON THE PROPERTY LOCATED AT 8882 WALKER STREET WITHIN THE CM COMMERCIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN AREA. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2004-02 and Tentative Tract Map No. 16698 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2004-03 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16698 – With Conditions. 3. PUBLIC HEARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTION 29.31 OF THE CYPRESS ZONING ORDINANCE RELATING TO THE REGULATION OF POLITICAL CAMPAIGN SIGNS. Recommended Action: That the City Council: 1) Introduce the Ordinance for first reading by title only, title as follows, amending Section 29.31 of the Cypress Zoning Ordinance relating to the regulation of political campaign signs; and 2) Adopt the Resolution by title only, title as follows, amending Resolution No. 4220, establishing a fee for removal and disposal of political campaign signs. a. Motion that the City Council introduce the Ordinance for first reading by title only, title as follows: An Ordinance of the City Council of the City of Cypress, Amending Section 29.31 of the Cypress Zoning Ordinance Relating to the Regulation of Political Campaign Signs. b. 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, Amending Resolution No. 4220, Establishing a Fee for Removal and Disposal of Political Campaign Signs. June 28, 2004 Page 5 4. PUBLIC HEARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING THE CYPRESS MUNICIPAL CODE BY ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY. Recommended Action: That the City Council: 1) Introduce the Ordinance for first reading by title only, title as follows, amending the Cypress Municipal Code by establishing a filing fee for candidates for elective offices of said city. a. Motion that the City Council introduce the Ordinance for first reading by title only, title as follows: An Ordinance of the City Council of the City of Cypress, Amending the Code of the City of Cypress by Establishing a Filing Fee for Candidates for Elective Offices of Said City. 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 (5 - 14) 5. APPROVAL OF MINUTES Meetings of May 3, June 7 and June 14, 2004. Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes of May 3, 2004, due to his absence from the meeting, Council Member Sondhi abstaining on the minutes of June 7, 2004, due to her absence from the meeting, and Council Member McGill abstaining on the minutes of June 14, 2004, due to his absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. June 28, 2004 Page 6 7. AWARD OF CONTRACT FOR REHABILITATION OF WALKER STREET, ORANGE AVENUE, AND HOLDER STREET, PUBLIC WORKS PROJECT NO. 2003-44. Recommended Action: That the City Council: 1) Determine the lowest responsible bidder for Rehabilitation of Walker Street, Orange Avenue, and Holder Street, Public Works Project No. 2003-44, to be All American Asphalt; and 2) Award a contract for Public Works Project No. 2003-44, in the amount of $429,429, to All American Asphalt, P.O. Box 2229, Corona, California 92878-2229; and 3) Authorize $42,942 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 8. CERTIFICATION OF LOCAL PAVEMENT MANAGEMENT PROGRAM AS REQUIRED BY THE REVISED TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN (MEASURE M). Recommended Action: That the City Council: 1) Certify that the City of Cypress has a Pavement Management Plan that will remain in place and be maintained to qualify for allocation of revenues generated from Measure M; and 2) Authorize the City Manager, or his duly designated representative, to execute the Local Pavement Plan Certification on behalf of the City of Cypress and to submit the document to the Orange County Transportation Authority (OCTA) as required by Measure M. 9. ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2004. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2004, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 2, 2004, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. A Resolution of the City Council of the City of Cypress, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2004, for the Election of Certain Officers as Required by the Provisions of the City Charter. A Resolution of the City Council of the City of Cypress, California, June 28, 2004 Page 7 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 2, 2004, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 10. ADOPTION OF RESOLUTION SELECTING BOUNDARIES FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE REDEVELOPMENT PROJECT AND APPROVING THE PRELIMINARY PLAN FORMULATED FOR THE PROPOSED CYPRESS MERGED AND AMENDED PROJECT, INCLUSIVE OF THE PROPOSED ADDED AREA, PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTIONS 33324 AND 33486. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, selecting boundaries for the area proposed to be added to the Lincoln Avenue Redevelopment Project and approving the Preliminary Plan for the proposed Cypress Merged and Amended Redevelopment Project Area, inclusive of the proposed added area. A Resolution of the City Council of the City of Cypress, Acting as the Planning Agency Selecting Boundaries for the Area Proposed to be Added to the Lincoln Avenue Redevelopment Project and Approving the Preliminary Plan for the Proposed Cypress Merged and Amended Project Area Inclusive of the Proposed Added Area. 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2004. Recommended Action: That the City Council receive and file the Investment Report for the month of May, 2004. 12. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 65160 THROUGH 65309. Recommended Action: That the City Council approve the attached warrant registers. Recreation & Park District Matters: 13. APPROVAL OF RECOMMENDED CHANGES TO THE FACILITY USE POLICY. June 28, 2004 Page 8 Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District review and approve the recommended changes to the Facility Use Policy. 14. AUTHORIZATION OF A SUPPLEMENTAL APPROPRIATION AND TRANSFER FOR THE LEASING OF A NEW COPIER. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Authorize a transfer in the amount of $12,500 from the District’s Equipment Replacement Fund (2200-83) to the District’s General Fund (1200-12); and 2) Appropriate $4,944 from the District’s General Fund to account 4215-12- 301-10 for the Lease of a Replacement Copier. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (15) 15. SECOND READING OF 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 adopt the Ordinance by title only, title as follows, and waive further reading, repealing Chapter 2A of the Cypress Municipal Code and establishing new general operating procedures for 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 Operating Procedures for Standards for Ambulance Transportation Services Within the City. UNFINISHED BUSINESS No items. NEW BUSINESS (16) June 28, 2004 Page 9 16. CONFIRMATION OF APPOINTMENTS TO FILL SEVEN (7) COMMISSIONER/BOARD MEMBER VACANCIES. Recommended Action: That the City Council confirm the appointments of four (4) Commissioners to serve a full four (4) year term each, and three (3) Board Members to serve a full two (2) year term each, effective July 1, 2004. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (17) 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 (17): 17. CONSIDERATION OF RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, RECEIVING THE PRELIMINARY PLAN FORMULATED FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE PROJECT AREA AND THE PROPOSED CYPRESS MERGED AND AMENDED PROJECT AREA, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33324, 33325, AND 33486. Recommended Action: That the Cypress Redevelopment Agency Board adopt the Resolution by title only, title as follows, receiving the Preliminary Plan formulated for the proposed Cypress Merged and Amended Project Area, inclusive of the area proposed to be added to the Lincoln Avenue Project Area, and authorizing Agency staff to continue with the amendment/merger process. A Resolution of the Cypress Redevelopment Agency, Receiving the Preliminary Plan Formulated for the Area Proposed to be Added to the Lincoln Avenue Project Area and the Proposed Cypress Merged and Amended Project Area, Pursuant to California Health and Safety Code Sections 33324, 33325 and 33486. June 28, 2004 Page 10 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, July 12, 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 24day of June, 2004. June 28, 2004 Page 11 ________________________________ 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, JUNE 25, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.