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Agenda 97-10-27 CITY OF CYPRESS CITY COUNCIL AGENDA October 27, 1997 CALL TO ORDER: 5:00 P.M., 5275 Orange Avenue, Cypress ROLL CALL: Council Members Bowman, Jones, Keenan, Piercy and Carroll WORKSHOP SESSION: LINCOLN AVENUE STREETSCAPE CLOSED SESSION: Conference With Real Property Negotiator (Government Code Section 54956.8) Property: Various sites throughout the City (Restructuring of PEG Channels) Negotiating parties: City of Cypress MediaOne Liability Claim (Government Code Section 54956.95) Claimant: Wayne P. Victor Agency claimed against: City of Cypress Claimant: Dan Fousek Agency claimed against: City of Cypress 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: CUB SCOUT PACK 660 INVOCATION: Cypress Police Chaplain, Ron Blomberg PRESENTATIONS: "Arts and Humanities Month" Proclamation presented to Cultural Arts Commission. KOCE TV/Channel 50 Program on Grand Opening Ceremony of West-Comm Communications Center REPORT OF CLOSED SESSION/WORKSHOP AGENDA: CITY COUNCIL AGENDA October 27, 1997 ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE) AWARD OF CONTRACTS: 1. Rejection of Bid Received and Authorization to Readvertise for Sewer Modification Work at Moody Street and Alaska Avenue, Public Works Project No. 9736. 2. Purchase of Replacement of Body Armors (Police Department). 3. One-year Service Contract Renewal for Removal and Disposal of City- generated Hazardous Wastes. 4. Installation of a Backup Generator at Myra Avenue Pump Station No. 1, Public Works Project No. 9727. 5. Renewal of Contract for Publishing Cypress City News. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. 6. Motion to Approve City Council Minutes of September 22, 1997, October 6, 1 997, and October 14, 1997. Recommendation: That the City Council approve the Minutes of the Regular Meeting of September 22, 1997, the Adjourned Regular Meeting of October 6, 1997, and the Regular Meeting of October 14, 1997, as submitted. Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. 8. Adoption of Resolutions Commending Eagle Scouts Kevin Richard Kaiser and Aaron Merrill Lewis. CITY COUNCIL AGENDA October 27, 1997 10. 11. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, commending Eagle Scouts Kevin Richard Kaiser and Aaron Merrill Lewis. A Resolution of the City Council of the City of Cypress, Commending Boy Scout Kevin Richard Kaiser on Attaining the Rank of Eagle Scout. A Resolution of the City Council of the City of Cypress, Commending Boy Scout Aaron Merrill Lewis on Attaining the Rank of Eagle Scout. 9. Proclaiming November 1997, as "United Way Month". Recommendation: That the Mayor and City Council officially proclaim November 1997, as "United Way Month" in the City of Cypress. Adoption of Resolution Commending Claire and AI Weinberg for Their Dedicated Service to the Community. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Claire and AI Weinberg for their community service. A Resolution of the City Council of the City of Cypress, Commending Claire and AI Weinberg for Their Service to the Community. Acceptance of the Improvement of the South Side of Orange Avenue From Valley View Street to Peartree Lane and Traffic Signal Modifications at the Intersections of Valley View Street/Orange Avenue and Katella Avenue/Holder Street, Public Works Project No. 9521. Recommendation: That the City Council: 1) Accept the project for the Improvement of the South Side of Orange Avenue from Valley View Street to Peartree Lane and Traffic Signal Modifications at the Intersections of Valley View Street/Orange Avenue and Katella Avenue/Holder Street, Public Works Project No. 9521, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $16,407.44 to Peek Traffic, 2283 Via Burton Street, Anaheim, California 92806, 35 days after the Notice of Completion is filed, if no claims or 3 CITY COUNCIL AGENDA October 27, 1997 12. 13. 14. 15. objections have been filed, and upon the Director of Public Works' concurrence; 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 the concurrence of the Director of Public Works. Acceptance of Phase II, 1996-97 Slurry Seal of Residential Streets, Public Works Project No. 9631. Recommendation: That the City Council: 1) Accept the project for the 1996-97 Slurry Seal of Residential Streets, Phase II, Public Works Project No. 9631, as being satisfactorily completed in substantial conformance with the project specifications; 2) Approve the final retention payment of $26,436.56 to Industrial Asphalt, 1357 W. Foothill Blvd., Azusa, California 91702, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, upon the Director of Public Works' concurrence; 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 the concurrence of the Director of Public Works. Monthly Investment Program for the Month of September 1997. Recommendation: Receive and file. Adoption of Resolution Approving the Federal Housing and Community Development Block Grant Application - 24th Year. (Planning Issue) Recommendation: That the City Council review the proposed projects and the recommended prioritization of the projects to be funded, and adopt the Resolution by title only, title as follows, approving the City's participation in the 24th Year Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. A Resolution of the City Council of the City of Cypress, Approving the City's Participation in the 24th Year Housing and Community Development Block Grant Program With the County of Orange. Acceptance of Installation of Sports Field Lighting at Lexington Junior High School, Public Works Project No. 9646. 4 CITY COUNCIL AGENDA October 27, 1997 Recommendation: That the City Council: 1) Accept the project for the Installation of Sports Field Lighting at Lexington Junior High School, Public Works Project No. 9646, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $15,971.30 to Electro Construction Corp., 3021 Rowena Avenue, Los Angeles, CA 90039, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials and the Faithful Performance Bond, upon expiration of the required lien period, if no claims or objections have been filed, upon the concurrence of the Director of Public Works. 16. Acceptance of the Cypress High School Driveway Modification, Public Works Project No. 9719. Recommendation: That the City Council: 1) Accept the project for the Cypress High School Driveway Modification, Public works Project No. 9719, as being satisfactorily completed in conformance with the project specifications; 2) Approve Change Order No. 1, in the amount of 911,917.20; 3)Approve the final retention payment of 93,795.50 to E&M Constructors Co., P.O. Box 922306, Sylmar, CA 91392, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the concurrence of the Director of Public Works; and 4) 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 the concurrence of the Director of Public Works. 17. Acceptance of the Pavement Rehabilitation of Orange Avenue From Walker Street to Bloomfield Street, Public Works Project No. 9725. Recommendation: That the City Council: 1) Accept the project for the Pavement Rehabilitation of Orange Avenue from Walker Street to Bloomfield Street, as being satisfactorily completed in substantial conformance with the project specifications; 2) Approve the final retention payment to CalMat Co., dba Industrial Asphalt, 1357 W. Foothill Blvd., Azusa, CA 91702, 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, upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond, upon the expiration of the one year guarantee. 5 CITY COUNCIL AGENDA October 27, 1997 18. 19. 20. Approval of Plans and Specifications and Authorization to Solicit Bids for the Construction of a Storm Drain on Lincoln Avenue From the Railroad Tracks, East to Valley View Street, Public Works Project No. 9728. Recommendation: That the City Council approve the Plans and Specifications for the construction of a storm drain on Lincoln Avenue, and authorize staff to solicit bids for the project. Approval of Plans and Specifications and Authorization to Solicit Bids for the Construction of Median Modifications and a Traffic Signal on Lincoln Avenue, Public Works Project No. 9729. Recommendation: That the City Council approve the Plans and Specifications for the construction of a traffic signal and related median modifications on Lincoln Avenue, and authorize staff to solicit bids for the project. Approval of Design Review Committee's DRC//97-35, Request to Install a Wall Sign, Ushio Building, 5740 Cerritos Avenue; DRC//97-36, Request to Add an Enclosed Outdoor Parking Area, Yamaha Building, 6555 Katella Avenue. (Planning Issue) Recommendation: That the City Council adopt the attached Resolutions approving DRC//97-35 and //97-36 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee No. 97-35 - With Conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee No. 97-36 - With Conditions. 21. Approval of Additional Appropriations for Fiscal Year 1996-97. Recommendation: 1) That the City Council approve the additional appropriations for fiscal year 1996-97 from the General Fund unreserved fund balance to the following accounts: 4179-11-105-01 (Legal Services) 4211-11-105-01 (Litigation Costs) $72,400 $21,100 6 CITY COUNCIL AGENDA October 27, 1997 2) That the City Council, acting as the Cypress Redevelopment Agency Board, approve the additional appropriation from the Low and Mod Housing Fund unreserved fund balance to the following account: 4299-36-196-06 (Economic Assistance) $300,000 22. Approval of Modification of Condition No. 20 of Conditional Use Permit No. 87-7, Request to Allow a change in the Type of Screening Trees at an Existing Commercial Center, 5721 Lincoln Avenue. (Planning Issue) Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the modification of Condition No. 20 of Conditional Use Permit No. 87-7: A Resolution of the City Council of the City of Cypress, Approving the Modification of Condition No. 20 of Conditional Use Permit No. 87-7. 23. Denial of Design Review Committee No. 97-32, Request to Install Signs at the Chevron Station, 5999 Cerritos Avenue. (Planning Issue) Recommendation- That the City Council adopt the Resolution by title only, title as follows, denying Design Review Committee No. 97-32. A Resolution of the City Council of the City of Cypress, Denying Design Review Committee No. 97-32. Recreation & Park District Matters: 24. Waiver of Fees for Cypress High School Athletic Boosters 1998 Cinco de Mayo Celebration (5/2/98). Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, waive the facility use fees, except for facility deposit (9250), and liability insurance (9330.06), for the Cypress High School Athletic Boosters 1998 Cinco de Mayo Celebration to be held on May 2, 1998. END OF CONSENT CALENDAR 7 CITY COUNCIL AGENDA October 27, 1997 PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL) 25. Continuation of Public Hearing of Two-Month Review of Live Entertainment Permit at the La Terraza Restaurant, 6197 Ball Road, Cypress. 26. Public Hearing Regarding Conditional Use Permit No. 97-10, a Wireless Telecommunications Transmission Facility, Located at 6555 Katella Avenue, and Variance No. 97-9, an Antenna Located Closer Than 300 Feet to a Residential Zone and Closer than Ten (10) Feet to Other Structures. (Planning Issue) a. A Resolution of the City Council of the City of Cypress, Denying Conditional Use Permit No. 97-10 -With Conditions. A Resolution of the City Council of the City of Cypress, Denying a Variance From the Terms of the Zoning Ordinance of the City of Cypress, Sections 13.4-5 A and H to Allow an Antenna Monopole to be Located Closer Than Ten (10) Feet to Other Structures and Closer Than 300 Feet to a Residential Zone at an Existing Business Park Development, Located at 6555 Katella Avenue, Cypress - Variance No. 97-9. 27. Public Hearing Regarding Police Department's Receipt of State Citizens' Option for Public Safety (COPS) Grant Funds. DEFERRED BUSINESS: 28. Adoption of Resolution of Intention for the Proposed Cypress Business and Professional Center Assessment District No. 1. A Resolution of the City Council of the City of Cypress, Orange County, California, Declaring Its Intention to Order the Construction of Certain Improvements and to Form Cypress Business and Professional Center Assessment District No. 1. A Resolution of the City Council of the City of Cypress, Preliminarily Adopting, Confirming and Approving the Engineer's Report and Appointing the Time and Place For Hearing Protests to Improvements in Proposed Cypress Business and Professional Center Assessment District No. 1. 8 CITY COUNCIL AGENDA October 27, 1997 NEW BUSINESS: 29. Request to Remove a Parkway Tree at 10402 Sande Street. 30. Request to Remove a Parkway Tree at 10654 Maple Street. 31. Request to Determine Whether a Music/Recording Studio is a Similar Use to the List of Permitted Uses Within the PCM Planned Commercial Light Industrial Zone. (Planning Issue) 32. Proposal of MediaOne to Utilize City-Controlled Public Educational and Government Access Cable TV Channels. 33. Appointment to the Cable Television & Technology Commission. 34. Update on the Current Moratorium Regarding the Acceptance and Processing of Permits for Auto-related Uses in the Lincoln Avenue Specific Plan Area. (Planning Issue) 35. Approval of an Ordinance Regulating the Collection, Transfer and Removal of Solid Waste. a. An Ordinance of the City Council of the City of Cypress, California, Regulating the Collection, Transfer, Disposal, and/or Recycling of Solid Waste by Amending Chapter 12, "Solid Waste Management," and Adding Section 14.5 to Appendix I and Amending Section 10.7.C of Appendix I of the Code of the City of Cypress. 36. Scheduling Oral Interview Session for the Finance Review Committee. 37. Discussion Regarding Extending the Term of Office of the City's Representative to the County Sanitation Districts of Orange County Boards. 38. Adoption of Program to Increase Communications Between the City Council and Boards and Commissions. 39. Consideration of Commercial Warrant List for Warrants No. 28319 - 29015. 9 CITY COUNCIL AGENDA October 27, 1997 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. 40. Approval of the Listing of Priority Projects for the Renovation of Arnold/Cypress Park. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. ORAL COMMUNICATIONS: For Matters Not on the Agenda WRITTEN COMMUNICATIONS: For Matters Not on the Agenda ADJOURNMENT: 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) 229-6680. NOTIFICATION BY NOON ON FRIDAY, 10/24/97, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. 10