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Agenda 2005-01-10 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 10, 2005 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 ROLL CALL MAYOR/AGENCY CHAIR MIKE McGILL MAYOR PRO TEM/AGENCY VICE CHAIR LYDIA SONDHI COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER TODD SEYMORE 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, 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. 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. January 10, 2005 Page 2 ***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 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 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) City of Huntington Beach v. Huntington Beach Police Officers Association, et al. Case Number SACV 01-1125 JVS (ANx) United States District Court, Central District of California RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CITY MANAGER January 10, 2005 Page 3 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 address the Council are recognized. Your name will be called at the time the matter is heard by the Council. PUBLIC HEARINGS (1) 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 NO. 3 TO CONDITIONAL USE PERMIT NO. 2001-10, A REQUEST TO ADD OFFSALE BEER AND WINE TO THE PROPOSED HAMPTON INN HOTEL LOCATED AT 10900 YAMAHA WAY WITHIN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Amendment No. 3 to Conditional Use Permit No. 2001-10 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Amendment No. 3 to Conditional Use Permit No. 2001-10 – With Conditions. January 10, 2005 Page 4 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 (2 - 16) 2. APPROVAL OF MINUTES Meeting of December 13, 2004. Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2004. Recommended Action: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year ended June 30, 2004. 5. ACCEPTANCE OF THE AUDIT LETTER, THE AUDITOR’S RECOMMENDATIONS TO MANAGEMENT, AND STAFF’S RESPONSE TO THE AUDITOR’S RECOMMENDATIONS TO MANAGEMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2004. Recommended Action: That the City Council receive and file the Audit Letter, the Auditor’s Recommendations to Management, and Staff’s Response to the Auditor’s Recommendations to Management. January 10, 2005 Page 5 6. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF SENIOR LICENSING SPECIALIST AND ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF LICENSING SPECIALIST. 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 regular full-time positions of Licensing Specialist/Senior Licensing Specialist, amending the City’s classification plan. 7. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A 6,908 SQUARE FOOT INCREASE IN THE BUILDING SQUARE FOOTAGE FOR THE BUILDING APPROVED UNDER STAFF REVIEW COMMITTEE PERMIT NO. 2004-23 FOR THE PROPERTY LOCATED AT 6161 CHIP AVENUE IN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, adopting the Mitigated Negative Declaration and Mitigation Monitoring Program for Staff Review Committee Permit No. 2004-23. A Resolution of the City Council of the City of Cypress, Adopting the Mitigated Negative Declaration and Mitigation Monitoring Program for Staff Review Committee Permit No. 2004-23. 8. ACCEPTANCE OF DONATION FROM PACIFICARE FOR THE PURCHASE OF A GLOBAL POSITIONING SATELLITE SURVEILLANCE SYSTEM. Recommended Action: That the City Council: 1) Accept the donation in the amount of $4,100, and increase estimated revenues (3713-11, Donations) in the General Fund; and 2) Appropriate $4,100 from the unreserved fund balance of the General Fund to account 4113-11-177-05 (Small Tools and Equipment). January 10, 2005 Page 6 9. APPROPRIATION OF FUNDS FOR A REPLACEMENT DIGITAL IMAGING MANAGEMENT SYSTEM COMPUTER. Recommended Action: That the City Council appropriate $2,635 to account number 4402-90-665-41 (Capital Outlay – Computer Hardware/Software) from the Equipment Replacement Fund (90) fund balance, for the purchase of one (1) new Digital Imaging Management System computer. 10. ACCEPTANCE OF FINAL TRACT MAP NO. 16460. PROPERTY LOCATED AT 4801 LINCOLN AVENUE. Recommended Action: That the City Council approve Final Tract Map No. 16460 and authorize the City Clerk to sign the record map. 11. ACCEPTANCE OF REHABILITATION OF WALKER STREET, ORANGE AVENUE, AND HOLDER STREET, PUBLIC WORKS PROJECT NO. 2003-44. Recommended Action: That the City Council: 1) Accept the project for Rehabilitation of Walker Street, Orange Avenue, and Holder Street, Public Works Project No. 2003-44, as being satisfactorily completed in conformance with the project specifications; and 2) Approve the final retention payment of $45,565.80 to All American Asphalt, P.O. Box 2229, Corona, California 92878-2229, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2004. Recommended Action: That the City Council receive and file the Investment Report for the month of November, 2004. 13. APPROVAL OF COMMERCIAL WARRANT LIST FOR January 10, 2005 Page 7 WARRANTS NO. 67855 THROUGH 68251. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 14. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE SUPPLY AND INSTALLATION OF PLAYGROUND EQUIPMENT IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT NO. 2004-21. Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the plans and design specifications for the supply and installation of play equipment and protective surfacing in various City parks; and 2) Authorize staff to solicit bids for the project. 15. ADOPTION OF A RESOLUTION TO APPROVE THE FILING OF AN APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt a Resolution by title only, title as follows, approving the filing of an application for the grant funds from the Per Capita California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. A Resolution of the City Council of the City of Cypress, Approving the Applicant to Apply for Grant Funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002. January 10, 2005 Page 8 16. ADOPTION OF A RESOLUTION TO APPROVE THE FILING OF AN APPLICATION FOR BLOCK GRANT FUNDS FOR THE ROBERTI-Z’BERG-HARRIS CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt a Resolution by title only, title as follows, approving the filing of an application for the block grant funds from the Roberti-Z’Berg Harris (RZH) California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. A Resolution of the City Council of the City of Cypress, Approving the Applicant to Apply for Grant Funds for the Roberti-Z’Berg-Harris Grant Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. January 10, 2005 Page 9 NEW BUSINESS (17) 17. APPLICATION FOR DESIGN REVIEW COMMITTEE PERMIT NO. 2004-17, A REQUEST TO CONSTRUCT A 5,400 SQUARE-FOOT MEDICAL OFFICE BUILDING LOCATED AT 5001 CERRITOS AVENUE IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Design Review Committee Permit No. 2004-17 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-17 – With Conditions. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. January 10, 2005 Page 10 CYPRESS REDEVELOPMENT AGENCY MATTERS (18) 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. Consent Calendar (18): 18. CONSIDERATION OF AN AMENDMENT TO EXTEND THE TERM OF THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND JONES DEVELOPMENT GROUP, LLC. Recommended Action: That the Cypress Redevelopment Agency approve the Amendment to Extend the Exclusive Negotiation Agreement (ENA) between the Agency and Jones Development Group, LLC (JDG) for two (2) corner pads located at the northwest corner of Walker Street and Katella Avenue (1.807 acres) and the northeast corner of Winners Circle and Katella Avenue (1.254 acres) respectively, and authorize the Agency Chair to executive the Amendment. 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. January 10, 2005 Page 11 ITEMS FROM CITY COUNCIL MEMBERS ? Reports on Committee Assignments ? Other Items 1. Discussion Regarding 2005 Annual City Commission Recruitment (Requested by Council Member Luebben) 2. Discussion Regarding Letter of Support to the California Council on Base Retention (Requested by Mayor McGill) ITEMS FROM CITY MANAGER ADJOURNMENT in memory of Jim O’Hara. The next meeting will be a Regular Meeting, to be held on Monday, January 24, 2005, beginning at 5:30 p.m. in the Executive Board Room. 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 6 day of January, 2005. ________________________________ 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, JANUARY 7, 2005, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.