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Agenda 2002-04-22 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 22, 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 PRESENTATION BY ORANGE COUNTY SANITATION DISTRICT REGARDING 301(H) WAIVER CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Kelly v. City of Cypress, et al. Case Number 01CC04751 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 22, 2002 Page 2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Hardy, et al. v. City of Cypress, et al. Case Number 01CC11876 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 22, 2002 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION Pastor Norm Johnson, Cypress Community Church PRESENTATIONSPresent “Public Safety Dispatcher Week” Proclamation to Rita Fraser, Dispatch Administrator, West Cities Communications Center (West-Comm) Present Certificates of Appreciation to All Outgoing City Commissioners and Board Members ·Cable TV & Technology Commission ·Cultural Arts Commission ·Recreation & Community Services Commission ·Senior Citizens Commission ·Traffic Commission ·Youth Commission ·Non-Conforming Uses Hearing Board 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 April 22, 2002 Page 4 SPEAKER’S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized. PUBLIC HEARINGS (1) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-05 AND TENTATIVE TRACT MAP NO. 16323, A REQUEST TO SUBDIVIDE ONE (1) PARCEL INTO SIX (6) PARCELS AND TO CONSTRUCT FIVE (5) CONDOMINIUM UNITS LOCATED AT 8652 BELMONT 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. 2002-05 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16323 – 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 public requests separate action on a specific item. CONSENT CALENDAR (2 - 23) 2. APPROVAL OF MINUTES Meeting of April 8, 2002, with Mayor Pro Tem McCoy abstaining on the minutes due to his absence from the meeting. Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. April 22, 2002 Page 5 4. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-02, A Request to Install a 50 Square Foot Monument Sign at 9031 Grindlay Street in the PS Public and Semi-Public Zone. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-02 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-02 – With Conditions. 5. PROCLAIMING APRIL 14-20, 2002, AS “PUBLIC SAFETY DISPATCHER WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 14-20, 2002, as “Public Safety Dispatcher Week” in the City of Cypress. 6. PROCLAIMING APRIL 22-26, 2002, AS “SCHOOL PSYCHOLOGY WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 22-26, 2002, as “School Psychology Week” in the City of Cypress. 7. PROCLAIMING APRIL 22-28, 2002, AS “COCA-COLA WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim April 22-28, 2002, as “Coca-Cola Week” in the City of Cypress. TH 8. PROCLAIMING THE “30 ANNIVERSARY OF THE MIRACLE LAND KOREAN BAPTIST CHURCH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council th officially proclaim the “30 Anniversary of the Miracle Land Korean Baptist Church” in the City of Cypress. April 22, 2002 Page 6 9. PROCLAIMING THE MONTH OF MAY, 2002, AS “CLEAN AIR MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of May, 2002, as “Clean Air Month” in the City of Cypress. 10. PROCLAIMING MAY 11, 2002, AS “FIRE SERVICE RECOGNITION DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim May 11, 2002, as “Fire Service Recognition Day” in the City of Cypress. 11. PROCLAIMING MAY 13-18, 2002, AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim May 13-18, 2002, as “National Police Week” in the City of Cypress. 12. ADOPTION OF RESOLUTIONS IN SUPPORT OF SB 1619 AND SB 1523 RELATED TO HAZARDOUS ELECTRONIC WASTE RECYCLING PROGRAMS. Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, in support of SB 1619 and SB 1523. A Resolution of the City Council of the City of Cypress, Supporting SB 1619 and the Reuse and Recycling of Hazardous Electronics Products. A Resolution of the City Council of the City of Cypress, Supporting SB 1523, Urging Hazardous Electronics Producers to Take Responsibility for Reuse and Recycling of Their Products. April 22, 2002 Page 7 13. ADOPTION OF RESOLUTION ESTABLISHING A “NO PARKING ANYTIME” AREA ADJACENT TO 5022 LINCOLN AVENUE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, providing for the installation of “No Parking Anytime” area adjacent to 5022 Lincoln Avenue. A Resolution of the City Council of the City of Cypress, Establishing a “No Parking Anytime” Area Adjacent to 5022 Lincoln Avenue. 14. ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION’S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. A Resolution of the City Council of the City of Cypress, Authorizing Submittal of Funding Request to the Department of Conservation’s Division of Recycling Pursuant to the California Beverage Container Recycling and Litter Reduction Act. 15. ADOPTION OF RESOLUTION TO ADOPT THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, adopting the Boards, Commissions and Committees Policy Manual. A Resolution of the City Council of the City of Cypress, Adopting the Boards, Commissions and Committees Policy Manual. April 22, 2002 Page 8 16. APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PAVEMENT REHABILITATION OF CRESCENT AVENUE FROM 120’ E/O SUMNER PLACE TO WEST CITY LIMIT AND ORANGEWOOD AVENUE FROM HOLDER STREET TO KNOTT STREET, PUBLIC WORKS PROJECT NO. 2002-01. Recommended Action: That the City Council: 1) Approve the design specifications for the Pavement Rehabilitation of Crescent Avenue from 120’ E/O Sumner Place to the West City Limit and Orangewood Avenue from Holder Street to Knott Street; and 2) Authorize City staff to solicit bids for this project; and 3) Authorize a transfer of funds in the amount of $222,000 from the fund balance of the CIP Fund to the Gas Tax Fund, 2106, and appropriate $222,000 to Account No. 4186-22-493-21, Arterial Rehabilitation. 17. 2002-2003 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY FINDING. Recommended Action: That the City Council make the finding that the 2002-2003 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). 18. ADOPTION OF THE 2002-2009 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2002-2009. April 22, 2002 Page 9 19. ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the attached Resolution by title only, title as follows, adopting the Annual Statement of Investment Policy. A Resolution of the City Council of the City of Cypress, and Acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, Adopting the Annual Statement of Investment Policy. 20. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF POLICE SERGEANT AND POLICE OFFICER. Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the updated class specifications for the regular full-time positions of Police Sergeant and Police Officer. 21. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2002. Recommended Action: That the City Council receive and file the Investment Report for the month of March, 2002. 22. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53368 THROUGH 53599. Recommended Action: That the City Council approve the attached warrant register. April 22, 2002 Page 10 Recreation and Park District Matters: 23. APPROVAL AND EXECUTION OF A JOINT USE AGREEMENT BETWEEN THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT AND THE CITY OF CYPRESS FOR THE RENOVATION OF CYPRESS COLLEGE TENNIS COURTS. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the Joint Use Agreement between the North Orange County Community College District and the City of Cypress for the Renovation of Cypress College Tennis Courts; and 2) Approve the expenditure, in the amount of $110,000, from the Cypress Recreation and Park District’s Capital Projects Account No. 4186-12-549-29. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (24) 24. SECOND READING OF ORDINANCE AMENDMENT NO. 2002-03, A CITY INITIATED AMENDMENT TO SECTION 41.5, “B” DEFINITIONS, ADDING A DEFINITION FOR “BEDROOM.” 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 41.5, “B” Definitions, Adding a Definition of Bedroom. April 22, 2002 Page 11 UNFINISHED BUSINESS NEW BUSINESS RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (25) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Public Hearings Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or Cypress Redevelopment Agency. 25. JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND REDEVELOPMENT AGENCY FOR THE AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC., AND THE ASSOCIATED MITIGATED NEGATIVE DECLARATION. 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, Adopting the Negative Declaration Prepared in Connection with the Wicker Drive Residential Development. A Resolution of the Cypress Redevelopment Agency, Approving the Agreement for Purchase and Sale and Escrow Instructions Between the Cypress Redevelopment Agency and Fieldstone Communities, Inc. A Resolution of the City Council of the City of Cypress, Approving the Agreement for Purchase and Sale and Escrow Instructions Between the Cypress Redevelopment Agency and Fieldstone Communities, Inc. 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 April 22, 2002 Page 12 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, May 13, 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 18 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 19, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.