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Agenda 2002-02-11 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 11, 2002 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 LYDIA SONDHI MAYOR PRO TEM FRANK McCOY COUNCILMEMBER TIM KEENAN COUNCILMEMBER MIKE McGILL COUNCILMEMBER ANNA L. PIERCY WORKSHOP SESSION ACACIA ADULT DAY CARE SERVICES 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. February 11, 2002 Page 2 CLOSED SESSION JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress Case Number SA02-60 United States District Court – Central District of California Case Number 02CC01575 Orange County Superior Court – Central Justice Center Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency and City of Cypress Case Number 02CC00006 Orange County Superior Court – Civil Division CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street 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 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 9471 Walker Street (Property Improved with the Chamber of Commerce Building), within the Civic Center Redevelopment Project Area Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel Under negotiation: Price and Terms of Payment February 11, 2002 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION 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. February 11, 2002 Page 4 PUBLIC HEARINGS (1-4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 AND VARIANCE NO. 2001- 06, A REQUEST TO CONSTRUCT A 1,004 SQUARE-FOOT FREESTANDING MULTI-PURPOSE ROOM AT AN EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. A VARIANCE IS ALSO REQUESTED TO ALLOW A REAR BUILDING SETBACK OF SIX FEET (6’). 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 Amendment to Conditional Use Permit No. 78-27 – 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 a Six-Foot (6’) Rear Setback for a Proposed Freestanding Multi-Purpose Room at an Existing Church and Private School Facility Located at 5202 Lincoln Avenue. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-22 AND TENATIVE TRACT MAP NO. 16322, A REQUEST BY RC GAITE, LLC, TO SUBDIVIDE TWO (2) PARCELS INTO SEVEN (7) PARCELS FOR CONDOMINIUM OWNERSHIP AND TO CONSTRUCT SIX (6) CONDOMINIUM UNITS LOCATED AT 8812 LA SALLE 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. 2001-22 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16322 – With Conditions. February 11, 2002 Page 5 3. PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 2001-216, A REQUEST TO SUBDIVIDE ONE PARCEL INTO TWO PARCELS ON THE PROPERTY LOCATED AT 10900 WALKER STREET IN THE PC-3 PLANNED COMMUNITY BUSINESS PARK AND PS PUBLIC & SEMI- PUBLIC 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 Tentative Parcel Map No. 2001-216 – With Conditions. 4. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2002-01, MODIFYING SECTION 25.19 (A)(B) OF THE CYPRESS ZONING ORDINANCE, REDESIGNATING APPROVED VEHICLE PARKING AREAS IN RESIDENTIAL FRONT YARDS, ESTABLISHING FINES FOR VIOLATION OF SECTIONS 25.19 (A)(B); ADDING, DELETING AND MODIFYING ENTRIES AND TITLES WITHIN RESOLUTION NO. 4268; AND MODIFYING SECTION 41.51 (“Y” DEFINITIONS (YARD, FRONT) OF THE CYPRESS ZONING ORDINANCE). 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, Amending Sections 25.19 (A)(B) and 41.51 of the Cypress Zoning Ordinance. 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, Adding, Deleting, and Modifying Entries and Titles Within Resolution No. 4268. February 11, 2002 Page 6 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 (5-14) 5. APPROVAL OF MINUTES Meetings of January 21 and January 28, 2002. Recommended Action: Approve as submitted. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. PROCLAIMING JANUARY 27 – FEBRUARY 1, 2002, AS “CATHOLIC SCHOOLS WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim January 27 – February 1, 2002, as “Catholic Schools Week” in the City of Cypress. 8. APPROVAL OF AMENDMENT NO. 1 TO AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR CITY AND REDEVELOPMENT AGENCY ATTORNEY SERVICES. Recommended Action: That the City Council approve proposed Amendment No. 1 to the Amended and Restated Contract Services Agreement for City and Redevelopment Agency Attorney Services originally made and entered on April 9, 2001. Amendment No. 1 alters Section 4.0 related to compensation. February 11, 2002 Page 7 9. APPROVAL OF AMENDMENT NO. 2 TO THE SEWER MASTER PLAN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT, PUBLIC WORKS PROJECT NO. 2000-06. Recommended Action: That the City Council: 1) Approve Amendment No. 2 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District; and 2) Authorize the Mayor to execute Amendment No. 2 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District. 10. APPROVAL OF A CONTRACT EXTENSION FOR AUDIT SERVICES FOR THE FISCAL YEARS ENDED JUNE 30, 2002 AND JUNE 30, 2003. Recommended Action: That the City Council approve the attached contract extension with Caporicci, Cropper & Larson, LLP for audit services for the fiscal years ended June 30, 2002 and June 30, 2003. 11. AWARD OF CONTRACT FOR REPLACEMENT OF TWO MAINTENANCE TRUCKS. Recommended Action: That the City Council award a contract to purchase two (2) 2002 Ford Ranger pick up trucks th from Downtown Ford Sales, 525 N. 16 Street, Sacramento, California 95814, in the amount of $33,041.94. 12. ACCEPTANCE OF THE DONATION OF FUNDS TO PURCHASE A TACTICAL RIFLE. Recommended Action: That the City Council: 1) Formally accept a monetary donation in the amount of $1,350 given by the American Legion Post No. 295. These funds were donated to fund the purchase of a tactical rifle; and 2) Approve an increase of $1,350 to Account No. 3713-11; and 3) Appropriate $1,350 from the fund balance of Account No. 3713-11 to Account No. 4305-90-657-36 for the purchase of a tactical rifle. February 11, 2002 Page 8 13. ACCEPTANCE OF CONSTRUCTION OF PAVED SHOULDER ALONG WEST SIDE OF MOODY STREET FROM 600 FEET NORTH OF LINCOLN AVENUE TO GRACE AVENUE, PUBLIC WORKS PROJECT NO. 2000-37. Recommended Action: That the City Council: 1) Accept the project for Construction of Paved Shoulder Along West Side of Moody Street from 600 feet North of Lincoln Avenue to Grace Avenue, Public Works Project No. 2000-37, as being satisfactorily completed in conformance with the project specifications; and 2) Approve the final retention payment of $4,579.61 to Eagle Asphalt Construction, 1126 Clorinda Drive, Diamond Bar, California 91789, 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. 14. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 52270 THROUGH 52496. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR February 11, 2002 Page 9 UNFINISHED BUSINESS (15) 15. 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. Following the close of the Public Hearing at the January 14, 2002 City Council meeting, the City Council continued a decision on this item to the January 28, 2002 City Council meeting. At the January 28, 2002 City Council meeting, the City Council continued a decision on this item to the February 11, 2002 City Council meeting. Recommended Action:That the City Council adopt the Resolution by title only, title as follows, sustaining, in part, and overruling, in part, the decision of the Planning Manager, and deeming the submittals of Cottonwood Christian Center complete so as to permit staffs’ independent review and processing of the same by the Community Development Department in preparation for the presentation to and for consideration and possible action on the same by the Cypress City Council. A Resolution of the City Council of the City of Cypress, Sustaining, In Part, and Overruling, In Part, the Decision of the Cypress Planning Manager Regarding the Completeness of the Conditional Use Permit Application Submittals from Cottonwood Christian Center. NEW BUSINESS February 11, 2002 Page 10 RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (16-17) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 16. APPROVAL OF AMENDMENT NO. 1 TO AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR CITY AND REDEVELOPMENT AGENCY ATTORNEY SERVICES. Recommended Action: That the Cypress Redevelopment Agency approve proposed Amendment No. 1 to the Amended and Restated Contract Services Agreement for City and Redevelopment Agency Attorney Services originally made and entered on April 9, 2001. Amendment No. 1 alters Section 4.0 related to compensation. 17. CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION. At the January 28, 2002 City Council meeting, the City Council, acting as the Cypress Redevelopment Agency, continued a decision on this item to the February 11, 2002 City Council meeting. Recommended Action: That the Cypress Redevelopment Agency Board approve an Exclusive Negotiation Agreement (ENA) between the Agency and Costco Wholesale Corporation for an approximately 16 to 18 acre site located at the northwest corner of Katella Avenue and Walker Street, and authorize the Agency Chair to execute the Amendment. END OF CONSENT CALENDAR ORAL COMMUNICATIONS February 11, 2002 Page 11 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 The next meeting will be a Regular Meeting, to be held on Monday, February 25, 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 th 7 day of February, 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, FEBRUARY 8, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.