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.