Agenda 2002-01-14 AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JANUARY 14, 2002
5:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
CALLTO ORDER
5:30 P.M.
Executive Board Room
ROLL CALL
MAYOR LYDIA SONDHI
MAYOR PRO TEM FRANK McCOY
COUNCILMEMBER TIM KEENAN
COUNClLMEMBER MIKE McGILL
COUNCILMEMBER ANNA L. PIERCY
WORKSHOP SESSION
SHOOTING RANGE AND TRAINING
FACILITY PROJECT
RECONVENE
7:00 P.M.
Council Chambers
PLEDGE OFALLEGIANCE
GIRL SCOUT JUNIOR TROOP 29
INVOCATION
IThis 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 A~endas/Minutes are a va#able at www. ci. cypress, ca~ us. I
January 14, 2002 Page 2
PRESENTATIONS
PRESENT CERTIFICATES OF RECOGNITION
TO RON McDONALD, MAINTENANCE
SUPERVISOR, AND STEVE RODRIGUEZ,
MAINTENANCE WORKER, FOR 25 YEARS
OF SERVICE WITH THE CITY OF CYPRESS
PRESENT AWARD CERTIFICATES TO THE
CULTURAL ARTS COMMISSION'S HIGH
SCHOOL ARTS AWARD WINNERS
REPORT OF WORKSHOP AGENDA/
CLOSED SESSION
CITY MANAGER
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.
January14,2002 Page 3
PUBLIC HEARINGS (1-3)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
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.
Recommended Action: That the City Council confirm the
decision of the Planning Manager, and find the subject
documents do not constitute an application for a Conditional
Use Permit for the reasons described in the staff report.
PUBLic HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2001-20, A REQUEST TO CONSTRUCT A
FUEL SERVICE STATION WITH A CONVENIENCE
MARKET LOCATED AT 4962-4992 LINCOLN AVENUE, AND
VARIANCE NO. 2001-05, TO ALLOW ZERO-FOOT (0')
BUILDING SETBACKS FROM THE REAR AND SIDE
PROPERTY LINES AND TO ALLOW A ZERO-FOOT (0')
STREET SIDE YARD LANDSCAPE SETBACK FROM THE
ULTIMATE (FUTURE) PUBLIC PARKWAY ALONG MOODY
STREET.
Motion to Adopt the Resolutions Presented for Consideration
by Titles Only and to Waive Further Reading.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2001-20 - With
Conditions.
A Resolution of the City Council of the City of Cypress,
Granting a Variance from the Terms of the Adopted Lincoln
Avenue Specific Plan (Ordinance No. 983), Section 4.5, Table
2, to Allow Reduced Building and Landscape Setbacks for a
Proposed Service Station and Convenience Market Located at
4962-4992 Lincoln Avenue.
January 14, 2002 Page 4
PUBLIC HEARING REGARDING EXTENSION NO. 2 OF
CONDITIONAL USE PERMIT NO. 99-11, A REQUEST FOR
A SECOND EXTENSION OF A PREVIOUSLY APPROVED
LAND USE PERMIT ALLOWING THE CONSTRUCTION OF
A FULL SERVICE CAR WASH BUILDING AND A RETAIL
COMMERCIAL AND AUTOMOTIVE SERVICE BUILDING,
LOCATED AT 5501-5601 BALL ROAD.
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 Extension No. 2 of Conditional Use Permit No.
99-11 - With Conditions.
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 pubfic requests separate
action on a specific item.
CONSENT CALENDAR (4-15)
APPROVAL OF MINUTES
Meetings of December 10 and 17, 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.
APPROVAL OF DESIGN REVIEW COMMI'I-FEE PERMIT
NO. 2001-35, A Request to Approve a Master Sign
Program for the SHURflo Development Located at the
Southwest Corner of Katella Avenue and Valley View
Street in the PC-4 Planned Community Business Park
Zone.
Recommended Action: Adopt the Resolution by title only, title
as follows, approving Design Review Committee Permit No.
2001-35 - With Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2001-35 -
With Conditions.
January 14, 2002 Page 5
ADOPTION OF RESOLUTION OPPOSING THE ORANGE
COUNTY CENTRAL PARK AND NATURE PRESERVE
INITIATIVE.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, opposing the Orange
County Central Park and Nature Preserve Initiative.
A Resolution of the City Council of the City of Cypress,
Opposing the Orange County Central Park and Nature
Preserve Initiative.
ADOPTION OF RESOLUTION DELEGATING TO BOTH
CITY MANAGER AND CITY ENGINEER THE
AUTHORIZATION TO EXECUTE ALL MASTER
AGREEMENTS, PROGRAM SUPPLEMENTAL
AGREEMENTS, AND ANY AMENDMENTS THERETO, AND
DBE PROGRAMS WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, delegating to both City
Manager and City Engineer the authorization to execute all
master agreements, program supplemental agreements, and
any amendments thereto, and DBE programs with California
Department of Transportation.
A Resolution of the City Council of the City of Cypress,
California, Delegating to Both City Manager and City Engineer
the Authorization to Execute All Master Agreements, Program
Supplemental Agreements, and Any Amendments Thereto,
and DBE Programs with California Department of
Transportation.
January 14, 2002 Page 6
ADOPTION OF RESOLUTION DECLINING TO ENACT A
PROGRAM OF PREFERENCES IN CITY EMPLOYMENT
FOR VETERANS OF THE ARMED FORCES AND
EXPLAINING ITS REASONS FOR DOING SO AS
REQUIRED BY GOVERNMENT CODE SECTION 50088.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, declining to enact a
program of preferences in City employment for veterans of the
armed forces and explaining its reasons for doing so as
required by Government Code Section 50088.
A Resolution of the City Council of the City of Cypress,
Declining to Enact a Program of Preferences in City
Employment for Veterans of the Armed Forces and Explaining
Its Reasons for Doing So As Required by Government Code
Section 50088.
10.
AWARD OF CONTRACT FOR PREPARATION OF CITY'S
SEWER CONDITION ASSESSMENT PLAN, PUBLIC
WORKS PROJECT NO. 2001-16.
· Recommended Action: That the City Council: 1) Dispense
with the request for quotation (RFQ) process for professional
consulting services; and 2) Award a contract to AKM
Consulting Engineers, 101 Pacifica, Suite 150, Irvine,
California 92618, in the amount of $167,400 for Preparation
of City's Sewer Condition Assessment Plan; and 3) Authorize
the Mayor to execute the agreement with AKM Engineering.
11.
ACCEPTANCE OF INSTALLATION OF NEW ROOF AT CITY
HALL, PUBLIC WORKS PROJECT NO. 2001-21.
Recommended Action: That the City Council: 1) Accept the
project for Installation of New Roof at City Hall, Public Works
Project No. 2001-21, as being satisfactorily completed in
conformance with the project specifications; and 2) Approve
the final retention payment of $22,941.90 to Sears Roofing
Service, 5850 Obispo Avenue, Long Beach, California 90805,
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.
January 14, 2002 Page 7
12.
ACCEPTANCE OF RESTORATION OF PUMP STATIONS
NOS. 2 AND 3 ON MYRA AVENUE, PUBLIC WORKS
PROJECT NO. 2001-12.
Recommended Action: That the City Council: 1) Accept the
improvements for Restoration of Pump Stations Nos. 2 and 3
on Myra Avenue, Public Works Project No. 2001-12, as being
satisfactorily completed in conformance with the project
specifications in the final amount of $64,225.00; and 2)
Approve the final retention payment of $6,422.50 to Perry
Maness Industries, Inc., 1101 E. Spring Street, Long Beach,
California 90806, thirty-five (35) days after the Notice of
Completion is filed, if no claims or objections have been filed,
and upon concurrence of the Director of Public Works; 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, and upon concurrence of the Director of Public Works.
13.
REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 2001.
Recommended Action: That the City Council receive and fire
the Investment Report for the month of November, 2001.
14.
APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 51767 THROUGH 52136.
Recommended Action: That the City Council approve the
attached warrant registers.
January 14, 2002 Page 8
Recreation & Park District Matters:
15.
ACCEPTANCE OF THE RE-ROOF AND ASBESTOS
ABATEMENT OF THE SNACK SHOP AT OAK KNOLL
PARK, PUBLIC WORKS PROJECT NO. 2001-26.
Recommended Action: That the City Council, acting as ex-
officio governing Board of Directors of the Cypress Recreation
and Park District: 1) Accept the Re-Roof and Asbestos
Abatement of the Snack Shop at Oak Knoll Park, Public
Works Project No. 2001-26, as being satisfactorily completed
in substantial conformance with the project specifications; and
2) Approve the final retention payment of $1,211.80 to Coast
Roof Co., Inc., 230t Orangethorpe Avenue, Fullerton,
California 92834, thirty-five (35) days after the Notice of
Completion is filed if no claims or objections have been filed,
upon concurrence of the Director of Public Works.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND READING) (16)
16.
SECOND READING OF ORDINANCE ADOPTING ZONE
CHANGE NO. 2001-01, A REQUEST TO CHANGE THE
ZONING OF THE PROPERTIES LOCATED AT THE
SOUTHWEST CORNER OF MOODY STREET AND BISHOP
STREET FROM CH COMMERCIAL HEAVY TO RM-20
RESIDENTIAL MULTIPLE FAMILY.
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, Adopting Zone Change No. 2001-01, Changing the Zoning
Classification of the Four Properties Located at 9061 Moody Street
and 4912-4952 Bishop Street from CH Heavy Commercial to RM-20
Residential Multiple-Family.
UNFINISHED BUSINESS
NEW BUSINESS
January 14, 2002 Page 9
RECREATION & PARK DISTRICT MA'I-rERS
The Cypress City Council, Acting as the Ex-Officio Governing Board
of Directors.
CYPRESS REDEVELOPMENT AGENCY MATTERS (17-18)
The Cypress City Council, Acting as the Cypress Redevelopment
Agency.
Consent Calendar:
17.
APPROVAL OF AMENDMENT NO. 1 TO EXCLUSIVE
NEGOTIATION AGREEMENT BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND FIELDSTONE
COMMUNITIES INC.
Recommended Action: That the Cypress Redevelopment
Agency Board approve Amendment No. 1 to the Exclusive
Negotiation Agreement between the Agency and Fieldstone
Communities Inc. for the 5.28 acre site located at the
northwest corner of Walker Street and Orange Avenue, and
authorize the Agency Chair to execute the Amendment.
18.
APPROVAL OF CONTRACT SERVICES AGREEMENT WITH
ROSENOW SPEVACEK GROUP, INC. (RSG) FOR THE
PREPARATION OF A COMPREHENSIVE AFFORDABLE
HOUSING STRATEGY.
Recommended Action: That the Cypress Redevelopment
Agency: 1) Approve the Contract Services Agreement with
the Rosenow Spevacek Group, Inc. (RSG) in an amount not to
exceed $15,000.00 for the preparation of a comprehensive
affordable housing strategy; 2) Authorize the Executive
Director to execute the Contract Services Agreement with the
Rosenow Spevacek Group, Inc. (RSG); and 3) Appropriate
$15,000.00 from the Unreserved Fund Balance of the Low to
Moderate Set Aside Fund to Account No. 4189-36-96-06
(Professional Services).
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 14, 2002 Page 10
ITEMS FROM CITY COUNCIL MEMBERS
· Reports on Committee Assignments
· Other Items
ITEMS FROM CITY MANAGER
ADJOURNMENT in memory of John Kanel, former Cypress City Council
Member for twenty years, and Reynold Elkin, long-time Cypress community
activist.
The next meeting will be a Regular Meeting, to be held on Monday, January 28,
2002, 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
11th day of January, 2002.
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 FRIDAY, JANUARY 11, 2002, WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.