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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.