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Agenda 2004-12-13 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 13, 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. Council Chambers Conference 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 ***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. December 13, 2004 Page 2 CLOSED SESSIONCYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle 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 ALLEGIANCEJUNIOR GIRL SCOUT TROOP #469, Cypress Service Unit INVOCATION CHAPLAIN JERRY SHUMARD Cypress Police Department SPECIAL ORDER ADOPTION OF RESOLUTION DECLARING BUSINESS THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2004. Recommended Action: Adopt the Resolution by title only, title as follows, declaring the results of the General Municipal Election held on November 2, 2004. A Resolution of the City Council of the City of Cypress, California, Reciting the Fact of the General Municipal Election Held on November 2, December 13, 2004 Page 3 2004, Declaring the Result and Such Matters as Provided by Law. PRESENTATIONS PRESENTATION OF CERTIFICATES OF ELECTION AND ADMINISTERING LOYALTY OATH TO NEWLY-ELECTED COUNCIL MEMBERS • Phil Luebben • Todd W. Seymore CITY COUNCIL ELECTION OF MAYOR AND MAYOR PRO TEM REORGANIZATION PRESENTATIONS PRESENTATION OF MAYOR’S PLAQUE TO OUTGOING MAYOR TIM KEENAN PRESENTATION OF CERTIFICATE OF SPECIAL RECOGNITION TO EUGENE J. KOMROSKY, POLICE SERGEANT, IN RECOGNITION OF 31 YEARS OF DEDICATED SERVICE UPON HIS RETIREMENT FROM THE CITY OF CYPRESS RECESS 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. The SPEAKER’S CARD assists the Mayor in ensuring that all persons wishing to December 13, 2004 Page 4 address the Council are recognized. Your name will be called at the time the matter is heard by the Council. PUBLIC HEARINGS (1 - 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2004- 07 AND TENTATIVE TRACT MAP NO. 16778, A REQUEST TO CREATE A SINGLE-LOT SUBDIVISION AND TO CONSTRUCT FIVE (5) RESIDENTIAL CONDOMINIUM UNITS, INCLUDING ONE (1) DENSITY BONUS UNIT LOCATED AT 8512-8522 LA HOMA STREET WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, and waive further reading, approving Conditional Use Permit No. 2004-07 – with conditions, and approving Tentative Tract Map No. 16778 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2004-07 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16778 – With Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2004-06/TENTATIVE TRACT MAP NO. 16815, A REQUEST TO COMBINE TWO (2) PARCELS AND CONSTRUCT THIRTEEN (13) CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 8651-8675 LA SALLE STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, and waive further reading, approving Conditional Use Permit No. 2004-06 – with conditions, and approving Tentative Tract Map No. 16815 – with conditions. A Resolution of the City Council of the City of Cypress, December 13, 2004 Page 5 Approving Conditional Use Permit No. 2004-06 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16815 – With Conditions. 3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2004-05, A REQUEST TO ADD ONSITE GENERAL ALCOHOL TO THE PROPOSED LA SALSA RESTAURANT LOCATED AT 4957 KATELLA AVENUE, UNIT G, WITHIN PLANNING AREA 6 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN AREA. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Conditional Use Permit No. 2004-05 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2004-05 – With Conditions. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendars (Council and Redevelopment Agency) are to be approved with one motion unless a member of the Council/Redevelopment Agency or the public requests separate action on a specific item. CONSENT CALENDAR (4 - 20) 4. APPROVAL OF MINUTES Meetings of November 16 and November 22, 2004. Recommended Action: Approve as submitted, with Council Member/Agency Board Member McCoy abstaining on the minutes of November 16, 2004, due to his absence from the meeting. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. December 13, 2004 Page 6 6. ADOPTION OF RESOLUTIONS RECOGNIZING TIM KEENAN AND ANNA PIERCY FOR THEIR EIGHT YEARS OF SERVICE ON THE CYPRESS CITY COUNCIL. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, recognizing Tim Keenan and Anna Piercy for their eight years of service on the Cypress City Council. A Resolution of the City Council of the City of Cypress, Recognizing Tim Keenan For His Eight Years of Service on the Cypress City Council. A Resolution of the City Council of the City of Cypress, Recognizing Anna Piercy For Her Eight Years of Service on the Cypress City Council. 7. ADOPTION OF RESOLUTION SUPPORTING THE CITY OF ANAHEIM’S EFFORTS TO KEEP THE NAME “ANAHEIM ANGELS” AS THE NAME OF THE ANAHEIM ANGELS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, supporting the City of Anaheim’s efforts to keep the name “Anaheim Angels” as the name of the Anaheim Angels. A Resolution of the City Council of the City of Cypress, Supporting the City of Anaheim’s Efforts to Keep the Name “Anaheim Angels” as the Name of the Anaheim Angels. 8. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF RESERVE POLICE OFFICER. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the classification specification for the temporary, part-time position of Reserve Police Officer. December 13, 2004 Page 7 9. ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION FOR THE POSITION OF RESERVE POLICE OFFICER AND ESTABLISHMENT OF SPECIAL ACTIVITY SUPPLIES ACCOUNT. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, establishing the hourly wage for the classification of Reserve Police Officer in the City’s Classification Plan; and 2) Approve an appropriation from the General Fund unreserved fund balance to 4104-11- 186-05 (Special Activity Supplies) for $2,000. A Resolution of the City Council of the City of Cypress, and Acting as Ex-Officio Board of Directors of the Cypress Recreation and Park District, Establishing the Hourly Wage for the Classification of Reserve Police Officer in the City’s Classification Plan. 10. ADOPTION OF RESOLUTION AND AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES’ ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2003 THROUGH JUNE 30, 2006. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment No. 1 to the Memorandum of Understanding between the City of Cypress and the Cypress Employees’ Association concerning wages, salaries, fringe benefits and conditions of employment. A Resolution of the City Council of the City of Cypress, Approving Amendment No. 1 to the Memorandum of Understanding Between the City of Cypress and the Cypress Employees’ Association Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment. December 13, 2004 Page 8 11. AWARD OF CONTRACT FOR THE CREATION OF A CITY MARKETING STRATEGY PROGRAM/CAMPAIGN BETWEEN THE CITY OF CYPRESS AND HAWKINS ADVERTISING. Recommended Action: That the City Council award a contract to Hawkins Advertising in the amount of $30,925 to develop a comprehensive marketing strategy and promotional campaign for the City of Cypress. Funding sources for this contract are as follows: Carryover (Economic Development) 4189-11-190-06 $11,030.00 Current Budget (Economic Development) 4189-11-190-06 6,500.00 Carryover (Public Information) 4120-11-117-02 13,395.00 TOTAL $30,925.00 12. APPROVAL OF SETTLEMENT AMOUNT AND RELEASE OF ALL CLAIMS FOR THE CLAIM FOR DAMAGES FILED BY MANDY STRAIT AGAINST THE CITY OF CYPRESS. Recommended Action: That the City Council approve the final settlement amount of $15,000 and Release of All Claims by and between Mandy Strait and the City of Cypress, for the Claim for Damages filed by Mandy Strait against the City of Cypress. 13. ACCEPTANCE OF 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) Accept 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, December 13, 2004 Page 9 as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $104,400; and 2) Approve the final retention payment of $10,440 to R & M Electrical Contracting, 22541 Aspan Street, Suite C, Lake Forest, California 92630; 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. 14. ACCEPTANCE OF FINAL TRACT MAP NO. 16671. PROPERTY LOCATED AT 5442 CAMP STREET. Recommended Action: That the City Council approve Final Tract Map No. 16671 and authorize the City Clerk to sign the record map. 15. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2004. Recommended Action: That the City Council receive and file the report. 16. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS’ APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Recommended Action: That the City Council receive and file the report on Agreed-Upon Procedures Applied to the City of Cypress’ Appropriation Limit for the Fiscal Year Ending June 30, 2005. 17. ACCEPTANCE OF FISCAL YEAR 2003-2004 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council accept and direct staff to file the Fiscal Year 2003-2004 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2004. December 13, 2004 Page 10 18. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 67692 THROUGH 67854. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 19. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2004. Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the report. 20. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District’s Appropriation Limit for the Fiscal Year Ending June 30, 2005. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): (21) 21. SECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS ADDING A NEW ARTICLE VIII, TO CHAPTER 13, OF THE MUNICIPAL CODE TO ADOPT FATS, OILS AND GREASE MANAGEMENT, DISCHARGE, AND CONTROL REGULATIONS, AND AMENDING CHAPTER 22 OF THE MUNICIPAL CODE TO IMPLEMENT THE GRANT OF AUTHORITY CONTAINED HEREIN. December 13, 2004 Page 11 Recommended Action: That the City Council approve the second reading of the Ordinance by title only, title as follows, adding a new Article VIII, to Chapter 13, of the Municipal Code to adopt Fats, Oils and Grease Management, Discharge, and Control Regulations, and amending Chapter 22 of the Municipal Code to implement the grant of authority contained herein. An Ordinance of the City Council of the City of Cypress, California, Adding a New Article VIII, to Chapter 13, of the Municipal Code to Adopt Fats, Oils and Grease Management, Discharge, and Control Regulations, and Amending Chapter 22 of the Municipal Code to Implement the Grant of Authority Contained Herein. UNFINISHED BUSINESS No items. NEW BUSINESS (22) 22. APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. Recommended Action: That the City Council confirm the Mayor’s appointments to the various organizations and committees. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (23 - 24) 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 Agency requests separate action on a specific item. December 13, 2004 Page 12 Consent Calendar (23): 23. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2004. Recommended Action: That the Cypress Redevelopment Agency Board receive and file the report. END OF CONSENT CALENDAR New Business (24): 24. ELECTION OF AGENCY CHAIR AND VICE CHAIR. Recommended Action: That the Cypress Redevelopment Agency conduct an election for its Chair and Vice Chair for one-year terms of office, expiring in December, 2005. 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 in memory of Calvin Meekhoff and Merle McCall. The next meeting will be a Regular Meeting, to be held on Monday, January 10, 2005, beginning at 5:30 p.m. in the Executive Board Room. The second Regular Meeting in December will not be held. December 13, 2004 Page 13 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 than 72 hours prior to the meeting. Dated this th 9 day of December, 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, DECEMBER 10, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.