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.