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Agenda 2001-11-26 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 26, 2001 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. Executive Board Room ROLL CALL MAYOR MIKE McGILL MAYOR PRO TEM LYDIA SONDHI COUNCILMEMBER TIM KEENAN COUNClLMEMBER FRANK McCOY COUNClLMEMBER ANNA L. PIERCY WORKSHOP SESSION CONSIDERATION OF PROPOSAL BY THE BOYS & GIRLS CLUB OF CYPRESS FOR A PARTNERSHIP WITH THE CITY OF CYPRESS TO CONSTRUCT A JOINT USE FACILITY AT CEDAR GLEN PARK CLOSED SESSION LIABILITY CLAIMS (Government Code Section 54956.95) Claimant: Front Row Center, Inc. Agency claimed against: City of Cypress 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 fo/Iow¢ng 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. I November 26, 2001 Page 2 LIABILITY CLAIMS (Government Code Section 54956.95) Claimant: Dennis Illingworth Agency claimed against: City of Cypress CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9 (a) Quitmeyer v. City of Cypress, et al. Case Number 00CC15234 Orange County Superior Court RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY MANAGER CITY A'I-rORNEY 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 afl persons wishing to address the Council are recognized. November 26, 2001 Page 3 PUBLIC HEARINGS (1-7) Pub~lc Comments Restricted to Ten Minutes Per Speaker, Un/ess Extended By The City CounciL APPEAL OF PLANNING MANAGER'S DECISION REGARDING A CONDITIONAL USE PERMIT APPLICATION: A REQUEST, BY JONATHAN CURTIS OF SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP, TO APPEAL THE DECISION OF THE PLANNING MANAGER REGARDING THE COMPLETENESS OF A CONDITIONAL USE PERMIT APPLICATION FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET WITHIN AREA 5 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-17, A REQUEST TO CONSTRUCT A SAV-ON DRUG STORE WITH A DRIVE-THRU PHARMACY AND OFFSALE GENERAL ALCOHOL SALES AT THE NORTHEAST CORNER OF BALL ROAD AND WALKER STREET IN THE CG COMMERCIAL GENERAL ZONE. Motion to Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-17- With Conditions. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-11, A REQUEST TO OPERATE AN ADULT DAY CARE FACILITY IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 5171 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Motion to Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-11 - With Conditions. November 26, 2001 Page 4 PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-13, A REQUEST TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS ANTENNA FACILITY WITHIN AN EXISTING COMMERCIAL CENTER LOCATED AT 4129 BALL ROAD, AND VARIANCE NO. 2001-04, TO ALLOW THE ANTENNA STRUCTURE CLOSER THAN 300 FEET TO A RESIDENTIAL ZONE AND CLOSER THAN TEN (10) FEET FROM ANOTHER STRUCTURE. Motion to Adopt the Resolutions Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-13 - Conditions. With 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 19, Division 2, Table 19.13, Items 2 and 8, to Allow an Antenna Structure Closer Than Ten Feet (10') to Another Structure and Closer Than 300 Feet to a Residential Zone. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-18, A REQUEST TO ESTABLISH A RESTAURANT SERVING BEER AND WINE IN AN EXISTING 1,190 SQUARE-FOOT LEASE SPACE LOCATED AT 10509 VALLEY VIEW STREET IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. Motion to Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-18 - With Conditions. o PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-15, A REQUEST TO APPROVE A COMPUTER RENTAL AND INTERNET ACCESS BUSINESS LOCATED AT 9191 VALLEY VIEW STREET IN THE PCM PLANNED COMMERCIAL LIGHT MANUFACTURING ZONE. Motion to Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-15- With Conditions. November 26, 2001 Page 5 PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2001-06, AMENDING SECTION 29, APPENDIX "A" OF THE CYPRESS ZONING ORDINANCE (SIGNS), AMENDING SECTION 29.17.D (SPECIAL PURPOSE ZONES). Motion to Introduce for First Reading the Ordinance Presented for Consideration by Title Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Section 29, Appendix "A" of the Cypress Zoning Ordinance (Signs), Amending Section 29.17.D Regarding Signs in Special Purpose Zones. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar (Council) are to be approved with one motion unless a member of the Council or the public requests separate action on a specific item. CONSENT CALENDAR (8-21) APPROVAL OF MINUTES Meetings of November 3 and November 13, 2001. Recommended Action: Approve as submitted. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 10. PROCLAIMING NOVEMBER 1, 2001 - DECEMBER 31, 2002, AS "BUCKLE UP FOR LIFE CHALLENGE" IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim November 1,2001 - December 31,2002, as "Buckle Up For Life Challenge" in the City of Cypress. November 26, 2001 Page 6 11. ADOPTION OF RESOLUTION AUTHORIZING THE SUBMISSION OF A LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing the submission of a Local Law Enforcement Block Grant application. A Resolution of the City Council of the City of Cypress, Authorizing the Submission of a Local Law Enforcement Block Grant Application. 12. ACCEPTANCE OF GRANT FUNDS AND APPROPRIATION FOR THE PURCHASE OF TECHNOLOGY EQUIPMENT. Recommended Action: That the City Council: 1) Receive grant funds in the amount of $44,531 and place it into the unreserved fund balance of the General Fund; and 2) Approve an increase of estimated revenues for fiscal year 2001/2002, in the unreserved fund balance of the General Fund account number 3525-11-999-99 for $44,531; and 3) Appropriate $17,000 from.the unreserved fund balance of the General Fund to the Radar Trailer account number 4472-90-657~35 for the purchase of a computerized radar trailer; and 4) Appropriate $17,531 from the unreserved fund balance of the General Fund to the Police Grant Expenditure account number 4113-11-184-05 for the purchase of digital recorders, computer software, and personal digital assistants; and 5) Appropriate $10,000 from the unreserved fund balance of the General Fund to the Police Grant Expenditure account number 4116-11-184-05 for the purchase of a document imaging system. 13. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 307 2001. Recommended Action: That the City Council receive and file the Comprehensive Annual Financial Report of the City of Cypress for the fiscal year ended June 30, 2001. November 26, 2001 Page 7 14. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2001. 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, 200I. 15. ACCEPTANCE OF THE AUDIT LETTER AND THE AUDITOR'S LETrER OF RECOMMENDATIONS TO MANAGEMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2001. Recommended Action: That the City Council receive and file the Audit Letter and the Auditor's Letter of Recommendations to Management for the fiscal year ended June 30, 2001. 16. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET FOR THE FISCAL YEAR ENDING JUNE 30, 2002. Recommended Action: That the City Council receive and file the Agreed-Upon Procedures Applied to the City of Cypress' Appropriation Limit for the fiscal year ending June 30, 2002. 17. ACCEPTANCE OFFISCALYEAR2000-2001 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council accept and direct staff to file the Fiscal Year 2000-2001 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31,2001. 18. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2001. Recommended Action: That the City Council receive and file the Investment Report for the month of October, 2001. November 26, 2001 Page 8 19. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 51097 THROUGH 51322. Recommended Action: That the City Council approve the attached warrant register. Recreation & Park District Matters: 20. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2001. Recommended Action: That the City Council, acting as ex- officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the Component Unit Financial Report of the Cypress Recreation and Park District for the fiscal year ended June 30, 2001. 21. 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, 2002. Recommended Action: That the City Council, acting as ex- officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the Agreed-Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the fiscal year ending June 30, 2002. END OF CONSENT CALENDAR November 26, 2001 Page 9 ORDINANCES: (SECOND READING) (22) 22. SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2001-05, A CITY INITIATED TEXT AMENDMENT TO THE CYPRESS ZONING ORDINANCE, DIVISION 2 - ANTENNAS, TABLE 19.13, ANTENNA REGULATIONS, MODIFYING THE MAXIMUM NUMBER OF ANTENNAS PERMITTED PER LOT IN THE COMMERCIAL, INDUSTRIAL, AND PUBLIC/SEMI- PUBLIC ZONES. Recommended Action: That the City Council Adopt the Ordinance by Title Only and Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Amending the Cypress City Code, Appendix I - Zoning, Section 19, Division 2, Table 19.13 (Antenna Regulations) Relating to the Maximum Number of Antennas Per Lot. NEW BUSINESS UNFINISHED BUSINESS RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (23-24) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 23. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2001. Recommended Action: That the Cypress Redevelopment Agency Board receive and file the Component Unit Financial Report of the Cypress Redevelopment Agency for the fiscal year ended June 30, 2001. November 26, 2001 Page 10 24. APPROPRIATION OF FUNDS AND AMENDMENT NO. I TO CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT SERVICES WITH THE ROSENOW SPEVACEK GROUP. Recommended Action: That the Cypress Redevelopment Agency: 1) Approve Amendment No. 1 to the Consultant Services Agreement with the Rosenow Spevacek Group (RSG) for project management services to: (1) extend the term of the Agreement; and (2) add an additional amount of $30,000 to the maximum amount of compensation under the terms of the Agreement; and 2) Approve appropriations from the respective Agency unreserved fund balances as follows: Account Number Amount Civic Center Project Area 4189-35-194-06 $ 5,000 Lincoln Avenue Project Area 4189-37-195-06 $ 5,000 Los Alamitos Race Track/ Golf Course Project Area 4189-38-197-06 $20,000 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 eReports on Committee Assignments · Other Items ITEMS FROM ClTY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, December 10, 2001, beginning at 5:30 p.m. in the Executive Board Room. November 26, 2001 Page 11 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 21st day of November, 2001. Jill R. Ingram-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 MONDAY, NOVEMBER 26, 2001, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.