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Agenda 2005-05-23 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MAY 23, 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. ***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. May 23, 2005 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 – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Richard Chasse v. City of Cypress Colen & Lee Claim No. 066-02-00007 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: Richard Storey and William W. Wynder Employee Groups: Executive Management Mid-Management Non-Represented Cypress Police Management Association PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager May 23, 2005 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE 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. 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. May 23, 2005 Page 4 PUBLIC HEARINGS (1 – 5) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING VARIANCE NO. 2005-03, A REQUEST TO ALLOW LANDSCAPE BUFFERS LESS THAN THREE-FEET (3’) WIDE ALONG A DRIVEWAY, LOCATED AT 8602 WALKER STREET IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, granting a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 3.14.050.C.7 to allow less than three feet (3’) wide landscape buffers along a driveway – with conditions. A Resolution of the City Council of the City of Cypress, Granting a Variance from the Terms of the Zoning Ordinance of the City of Cypress, Section 3.14.050.C.7 to Allow Less Than Three Feet (3’) Wide Landscape Buffers Along a Driveway – With Conditions. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-09 AND TENTATIVE TRACT MAP NO. 16870, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8752 WALKER STREET WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, and waive further reading, approving Conditional Use Permit No. 2005-09 – with conditions, and approving Tentative Tract Map No. 16870 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-09 – With Conditions. A Resolution of the City Council of the City of Cypress, May 23, 2005 Page 5 Approving Tentative Tract Map No. 16870 – With Conditions. 3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-10, A REQUEST TO ALLOW THE USAGE OF AN EXISTING PATIO ENCLOSURE FOR DINING/SEATING PURPOSES WITH ONSITE SALE OF BEER AND WINE AT 4139 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Conditional Use Permit No. 2005-10 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-10 – With Conditions. 4. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-08, A REQUEST TO CONSTRUCT A DETACHED ACCESSORY GARAGE/STORAGE AREA ON THE PROPERTY LOCATED AT 8351 GAY STREET IN THE RS-6,000 RESIDENTIAL SINGLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, approving Conditional Use Permit No. 2005-08 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-08 – With Conditions. 5. PUBLIC HEARING REGARDING CONSIDERATION OF ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF THE CYPRESS SUNRISE APARTMENTS LOCATED AT 9151 GRINDLAY STREET. Recommendation: That the City Council adopt the Resolution by title only, title as follows, and waive further reading, consenting to the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of the Cypress Sunrise Apartments. May 23, 2005 Page 6 A Resolution of the City Council of the City of Cypress, Consenting to the Issuance of Multifamily Housing Revenue Bonds for the Purpose of Financing the Acquisition and Rehabilitation of the Cypress Sunrise Apartments. 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 requests separate action on a specific item. CONSENT CALENDAR (6 - 27) 6. APPROVAL OF MINUTES Meetings of May 2 and May 9, 2005. Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes of May 9, 2005, due to his absence from the meeting. 7. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 8. AWARD OF CONTRACT FOR UNIFORM SERVICES (PUBLIC WORKS). Recommended Action: That the City Council award a contract for uniform services to SoCal Uniform Rental, 419 McGroarty Street, San Gabriel, California 91776, for a three- year period, for an annual amount of $12,862, with the provision of renewing the contract for up to an additional two years, based on mutual agreement of the Contractor and the City. 9. AWARD OF RESTATED TOWING & STORAGE SERVICES AGREEMENT. Recommended Action: That the City Council approve the Restated Towing & Storage Services Agreement with Five City Automotive Repair Center, Inc., a California Corporation dba Cypress Auto Tow & Hansen Auto Body, for City-initiated May 23, 2005 Page 7 towing and storage services in the City of Cypress, and authorize the City Manager to execute the Agreement. 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL CONSTRUCTION MANAGEMENT/ENGINEERING SERVICES. Recommended Action: That the City Council: 1) Award a Professional Services Agreement for On-Call Construction Management/Engineering Services to RBF Consulting, 14725 Alton Parkway, Irvine, California 92618-2027, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Services Agreement for On-Call Construction Management/Engineering Services to CBM Consulting, 17601 S. Denver Avenue, Gardena, California 90248, and direct the Director of Public Works/City Engineer to act as Contract Officer. 11. APPROVAL OF JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATION SYSTEM. Recommended Action: That the City Council approve and execute the Joint Agreement for the Operation, Maintenance, and Financial Management of the 800 Megahertz Countywide Coordinated Communication System (800 MHz CCCS) dated November 2004, and authorize the Mayor and City Clerk to execute two (2) copies of the Joint Agreement. One (1) original copy is for the County Clerk of the Board, and one (1) original is for the City Clerk’s records. 12. RETENTION OF PROFESSIONAL PLANNING SERVICES FOR A TEMPORARY ASSISTANT PLANNER POSITION FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. Recommended Action: That the City Council award a professional personnel services contract for the temporary employment of an Assistant Planner to Hogle-Ireland Inc. in the amount not to exceed $45,000.00. May 23, 2005 Page 8 13. APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE IN THE CASE OF CITY OF HUNTINGTON BEACH V. HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION, ET AL. Recommended Action: That the City Council approve the Settlement Agreement and Release of All Claims by and between the City of Huntington Beach (“Plaintiff”), and the City of Costa Mesa, City of Cypress, City of Fountain Valley, City of Irvine, City of Orange, and City of Westminster (“Defendants”), and authorize the Mayor to execute the same on behalf of the City. 14. A REQUEST BY MR. CHARLES DOMINESEY TO GRANT A ONE YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2004-01, FOR THE CONSTRUCTION OF A FOUR-UNIT CONDOMINIUM DEVELOPMENT ON THE PROPERTY LOCATED AT 5442 CAMP STREET, WITHIN THE RM-20 RESIDENTIAL MIXED-USE ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving a one-year extension of Conditional Use Permit No. 2004-01 – with conditions. A Resolution of the City Council of the City of Cypress, Approving a One-Year Extension of Conditional Use Permit No. 2004-01 – With Conditions. 15. ADOPTION OF A RESOLUTION FINDING THAT THE MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CIVIC CENTER (ORIGINAL AND AMENDMENT AREA), LINCOLN AVENUE (INCLUDING THE PROPOSED ADDED AREA), AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS IS IN CONFORMITY WITH THE CITY OF CYPRESS’ GENERAL PLAN. May 23, 2005 Page 9 Recommended Action: That the City Council, acting as the City’s Planning Agency, adopt the Resolution by title only, title as follows, finding that the Merged, Amended and Restated Redevelopment Plan for the Cypress Merged and Amended Redevelopment Project is in conformity with the City of Cypress General Plan. A Resolution of the Cypress Planning Agency, Finding the Merged, Amended and Restated Redevelopment Plan for the Cypress Merged and Amended Redevelopment Project is in Conformity with the City of Cypress General Plan. 16. ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS FISCAL YEAR 2005-06 APPROPRIATION LIMIT. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, establishing the City’s Fiscal Year 2005-06 appropriation limit. A Resolution of the City Council of the City of Cypress, Establishing the City’s Appropriations Limit for the 2005-06 Fiscal Year. 17. ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. 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 Resolution by title only, title as follows, adopting the Annual Statement of Investment Policy. A Resolution of the City Council of the City of Cypress, and Acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation Park District, Adopting the Annual Statement of Investment Policy. 18. ESTABLISHMENT OF STORM DRAINAGE FUND. Recommended Action: That the City Council: 1) Establish a new special revenue fund (43) to account for the operations of the City’s storm drainage system, titled Storm Drainage Fund; and 2) Designate two dollars of the monthly City Services Fee charged to residents as storm drainage receipts to fund the storm drainage operations in the newly established Fund (43); and 3) Approve an operating transfer from the General Fund (11) to the Storm Drainage Fund (43) in the amount of $2,500,000 to reflect funds accumulated in the General Fund which are administratively designated for May 23, 2005 Page 10 storm drainage infrastructure needs; and 4) Amend the Finance Fiscal Policy on funding Capital Projects from General Fund Revenues to include an annual transfer of $500,000 to the Storm Drainage Fund for maintenance operations and capital projects. 19. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR CITY HALL REMODEL, PUBLIC WORKS PROJECT NO. 2003-18. Recommended Action: That the City Council approve the plans and specifications for City Hall Remodel, and authorize staff to solicit bids for the project. 20. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 3, PUBLIC WORKS PROJECT NO. 2004-22. Recommended Action: That the City Council approve the plans and specifications for Rehabilitation of Tanglewood Alleys, Phase 3, and authorize staff to solicit bids for the project. 21. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR CONSTRUCTION OF POLICE EVIDENCE STORAGE BUILDING AND CIVIC CENTER RESTROOMS, PUBLIC WORKS PROJECT NO. 2004-27. Recommended Action: That the City Council approve the plans and specifications for Construction of Police Evidence Storage Building and Civic Center Restrooms, and authorize staff to solicit bids for the project. 22. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR INSTALLATION OF LEFT TURN MODIFICATIONS AT THE INTERSECTIONS OF BALL ROAD AND BLOOMFIELD STREET, AND MOODY STREET AND LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2004-31. May 23, 2005 Page 11 Recommended Action: That the City Council approve the plans and specifications for Installation of Left Turn Modifications at the Intersections of Ball Road and Bloomfield Street, and Moody Street and Lincoln Avenue, and authorize staff to solicit bids for the project. 23. ACCEPTANCE OF FINAL TRACT MAP NO. 16815. PROPERTY LOCATED AT 8651-8675 LA SALLE STREET. Recommended Action: That the City Council approve Final Tract Map No. 16815 and authorize the City Clerk to sign the record map. 24. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2005. Recommended Action: That the City Council receive and file the Investment Report for the month of April, 2005. 25. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 70055 THROUGH 70224. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 26. ADOPTION OF RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT’S FISCAL YEAR 2005-06 APPROPRIATION LIMIT. Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing the District’s Fiscal Year 2005-06 appropriation limit. A Resolution of the City Council of the City of Cypress, Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, A Subsidiary District of the May 23, 2005 Page 12 City of Cypress, Establishing the Cypress Recreation and Park District’s Appropriations Limit for the 2005-06 Fiscal Year. 27. APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 9 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR ONE YEAR, JULY 1, 2005, THROUGH JUNE 30, 2006. Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, approve Amendment No. 9 to Agreement No. C-8-0189 with the Orange County Transportation Authority, extending the term of the Agreement for one year, July 1, 2005, to June 30, 2006, with no changes to the cost per passenger trip or to the terms and conditions of the Agreement. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS (28) 28. CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT NO. 2005-06, A REQUEST TO ALLOW A FAST- FOOD RESTAURANT WITH DRIVE-THROUGH SERVICE AND AN OUTDOOR DINING AREA, LOCATED AT 10501 KNOTT AVENUE IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2005-06, subject to the originally proposed conditions and the revised conditions 10 and 22. May 23, 2005 Page 13 A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2005-06 – With Conditions. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. 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 May 23, 2005 Page 14 The next meeting will be a Regular Meeting, to be held on Monday, June 13, 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 19 day of May, 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, MAY 20, 2005, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.