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Agenda 2002-04-08 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 8, 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 DISCUSSION OF PROVISION OF A NEIGHBORHOOD CLEAN-UP PROGRAM CLOSED SESSION 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 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. April 8, 2002 Page 2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Rasmussen v. City of Cypress, et al. Case Number 99WL07887 Orange County Superior Court 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 Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project, and Does 1-25 Case Number 02CC00031 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 April 8, 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. April 8, 2002 Page 4 PUBLIC HEARINGS (1-3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-06, AND VARIANCE NO. 2002-01, A REQUEST TO OPERATE AN ADULT DAY CARE FACILITY WITHIN THE EXISTING COMMERCIAL BUILDING LOCATED AT 5175 BALL ROAD IN THE OP OFFICE PROFESSIONAL ZONE. 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. 2002-06 – With Conditions. 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 11.5, Table 11.5.5 to Allow a Reduced Side Yard Building Setback, and Section 11.9 for a Reduced Wall Height Adjacent to Residential for the Proposed Acacia Adult Day Care Building Located at 5175 Ball Road. 2. PUBLIC HEARING REGARDING THE 2002-2009 CAPITAL IMPROVEMENT PROGRAM. 3. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2002-03, A CITY INITIATED AMENDMENT TO SECTION 41.5, “B” DEFINITIONS, ADDING A DEFINITION FOR “BEDROOM.” 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, Amending the Cypress City Code, Appendix I – Zoning, Section 41.5, “B” Definitions, Adding a Definition of Bedroom. April 8, 2002 Page 5 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 (4 - 13) 4. APPROVAL OF MINUTES Meeting of March 25, 2002. Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-01, A Request Establish a Sign Program for One (1) Office Building Located at 5660 Katella Avenue in the PC-4 Planned Business Community Park Zone, Warland Cypress Business Center Specific Plan Area. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-01 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-01 – With Conditions. 7. PROCLAIMING THE MONTH OF APRIL, 2002, AS “FAIR HOUSING MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2002, as “Fair Housing Month” in the City of Cypress. April 8, 2002 Page 6 8. PROCLAIMING APRIL 20, 2002, AS “ARBOR DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 20, 2002, as “Arbor Day” in the City of Cypress. 9. ADOPTION OF RESOLUTION OPPOSING SB 1664, AMENDING THE MEMBERSHIP OF THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, opposing SB 1664, amending the membership of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. A Resolution of the City Council of the City of Cypress, In Opposition to SB 1664, Amending the Membership of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. 10. APPROVAL OF INDEMNITY AGREEMENT AND ADOPTION OF RESOLUTION FOR THE CITY OF CYPRESS TO BE NAMED AS A PLAINTIFF, ALONG WITH THE AIRPORT WORKING GROUP OF ORANGE COUNTY, INC., ORANGE COUNTY REGIONAL AIRPORT AUTHORITY, AND OTHER PLAINTIFFS, IN THE CIVIL ACTION CHALLENGING THE LEGALITY OF MEASURE W. Recommended Action: That the City Council approve the Indemnity Agreement between the City of Cypress and the Airport Working Group of Orange County, Inc., and adopt the Resolution by title only, title as follows, naming the City of Cypress as a plaintiff, along with the Airport Working Group of Orange County, Inc., Orange County Regional Airport Authority, and other plaintiffs, in the civil action challenging the legality of Measure W. A Resolution of the City Council of the City of Cypress, Naming the City of Cypress as a Plaintiff, Along with the Airport Working Group of Orange County, Inc., Orange County Regional Airport Authority, and Other Plaintiffs, in the Civil Action Challenging the Legality of Measure W. April 8, 2002 Page 7 11. REJECTION OF BIDS AND APPROVAL OF REVISED PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR RE-BID FOR CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC WORKS PROJECT NO. 2001-05. Recommended Action: That the City Council: 1) Reject the bids received on March 12, 2002, for Construction of Police Department Shooting Range and Training Facility, Public Works Project No. 2001-05; and 2) Approve the revised plans and specifications for Construction of Police Department Shooting Range and Training Facility, Public Works Project No. 2001-05; and 3) Authorize staff to advertise the project for re-bid. 12. AWARD OF CONTRACT FOR MAINTENANCE DIVISION OPERATION EVALUATION. Recommended Action: That the City Council award a contract for a Maintenance Division Operation Evaluation to LA Consulting, 840 Apollo Street, Suite 324, El Segundo, California 90245, in the amount of $34,754. 13. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53153 THROUGH 53367. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR April 8, 2002 Page 8 ORDINANCES: (SECOND READING) (14) 14. SECOND READING OF ORDINANCE REPEALING CHAPTER 2, ARTICLE I, SECTION 2-2.22, CHAPTER 2, ARTICLES IV, V, VI, VII AND IX, AND CHAPTER 16, ARTICLE II SECTIONS 16-8 THROUGH 16-10.1 OF THE CODE OF THE CITY OF CYPRESS AND ADOPTING A NEW CHAPTER 2, ARTICLE IV TO BE ENTITLED “BOARDS, COMMISSIONS AND COMMITTEES.” 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,Repealing Chapter 2, Article I, Section 2-2.22, Chapter 2, Articles IV, V, VI, VII and IX, and Chapter 16, Article II, Sections 16-8 through 16-10.1 of the Code of the City of Cypress and adopting a new Chapter 2, Article IV, to be entitled “Boards, Commissions and Committees.” April 8, 2002 Page 9 UNFINISHED BUSINESS (15) 15. CONTINUATION OF CONSIDERATION OF 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’). Following public testimony and closure of the Public Hearing at the February 11, 2002 City Council meeting, the City Council continued a decision on this item to the February 25, 2002 City Council meeting. At the February 25, 2002 City Council meeting, the applicant requested an additional one- month continuance of this item. The City Council continued a decision on this item to the March 25, 2002 City Council meeting. At the March 25, 2002 City Council meeting, the applicant requested a continuance of this item. The City Council continued a decision on this item to the April 8, 2002 City Council meeting. 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. April 8, 2002 Page 10 NEW BUSINESS (16) 16. ADOPTION OF RESOLUTION OF INTENTION AND APPROVAL OF THE FIRST READING OF THE ORDINANCE TO AMEND THE CONTRACT WITH THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO INCLUDE THE PROVISIONS OF “3% @ 50” FORMULA AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, establishing notice of intention to approve an amendment to contract between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. 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, Establishing Notice of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. 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, Authorizing an Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Cypress. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. April 8, 2002 Page 11 CYPRESS REDEVELOPMENT AGENCY MATTERS (17 - 18) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 17. ADOPTION OF RESOLUTION AUTHORIZING THE ACCEPTANCE OF DEEDS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 27281. Recommended Action: That the Cypress Redevelopment Agency Board adopt the Resolution by title only, title as follows, authorizing the acceptance of deeds in accordance with Government Code Section 27281. A Resolution of the Cypress Redevelopment Agency, Authorizing the Acceptance of Deeds in Accordance with Government Code Section 27281. END OF CONSENT CALENDAR April 8, 2002 Page 12 New Business: 18. CONSIDERATION OF AN OWNER PARTICIPATION PROPOSAL AND A THIRD PARTY PROPOSAL SUBMITTED FOR THE DEVELOPMENT OF THE APPROXIMATELY 18-ACRE POTENTIAL REDEVELOPMENT SITE LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND KATELLA AVENUE WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. Recommended Action: That the Cypress Redevelopment Agency Board: 1) Find and determine that the development proposal submitted by Cottonwood Christian Center, Inc. (“Cottonwood”) in response to the Agency’s invitation to express interest in participating in the proposed Walker/Katella Retail Project is non-responsive; and 2) Find and determine that, even if the Cottonwood proposal were deemed responsive, the development proposal submitted by Costco Wholesale Corporation (“Costco”) is (a) responsive to the Agency’s proposed Walker/Katella Retail Project, and (b) is more consistent with the goals and objectives of the Los Alamitos Race Track and Golf Course (“LART”) Redevelopment Project Area, the City’s General Plan, Strategic Plan, and the Cypress Business & Professional Center Specific Plan; and 3) On the basis of numbers 1 and 2 above, select the Costco development proposal for further consideration; and 4) Find and determine that, pursuant to the Agency’s Rules Governing Participation and Preferences for the LART Project Area, and the provisions of California Community Redevelopment Law (“CRL”), the owner participation process for the Walker/Katella Retail Project has been completed, and that the Agency no longer has obligations to extend the owner participation process or consider proposals from owner participants for the Walker/Katella Retail Project. April 8, 2002 Page 13 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 ·· Reports on Committee Assignments ·· Other Items ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, April 22, 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 4 day of April, 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, APRIL 5, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.