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Agenda 2002-07-22 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JULY 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 PROPOSED CIVIC CENTER IMPROVEMENT PLANS 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. July 22, 2002 Page 2 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Julian Thuy Vu Le v. Anthony Ross Palter Case Number 02WL0248 Orange County Superior Court and as to State Farm Insurance’s Pending Litigation Claim (Government Code Section 54956.9 (a) 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) Cypress Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al. Case Number 02CC11786 Orange County Superior Court – Central Justice Center 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 (Removed to Federal Court) Case Number SA02-149 United States District Court – Central District of California July 22, 2002 Page 3 CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-19, 241-091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of 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 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENTATION BY SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY REGARDING THE REGIONAL AVIATION PLAN REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY July 22, 2002 Page 4 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. PUBLIC HEARINGS (1 - 4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-09 AND VARIANCE NO. 2001-03, A REQUEST TO CONSTRUCT A TWO MILLION GALLON WATER RESERVOIR, PUMP STATION, AND WATER TRANSMISSION MAIN, ON THE PROPERTY LOCATED AT 4792 SIMONE WAY IN THE PS PUBLIC & SEMI-PUBLIC ZONE. A REQUEST FOR A VARIANCE FROM THE FRONT AND REAR YARD SETBACKS IS INCLUDED WITH THIS REQUEST. 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 Conditional Use Permit No. 2001-09 – 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 15.5, Table 15.5.8 to Allow Reduced Front and Rear Yard Building Setbacks for the Proposed Southern California Water Company Water Reservoir and Pumphouse Building Located at 4792 Simone Way. July 22, 2002 Page 5 2. PUBLIC HEARING REGARDING A SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 2001-07, INVOLVING AN EXISTING COMPUTER INTERNET FACILITY LOCATED AT 9949 WALKER STREET IN THE CG COMMERCIAL GENERAL ZONE, AND CONSIDERATION OF THE BUSINESS OWNER’S REQUEST TO EXPAND OPERATIONS. 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, Denying the Expansion of Business Operations and Approving Additional Conditions of Approval for Conditional Use Permit No. 2001-07 – With Conditions. 3. PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2002-04, AMENDING SECTION 29.9(A) OF THE CYPRESS ZONING ORDINANCE RELATING TO SIGNS ATTACHED TO VEHICLES, VEHICLE PARTS, TRAILERS, OR OTHER OBJECTS PARKED WITHIN OR NEAR ARTERIAL HIGHWAYS AND OTHER PUBLIC RIGHTS- OF-WAY, ESTABLISHING A FINE FOR VIOLATION OF SECTION 29.9(A), AND MODIFYING RESOLUTION NO. 5526. 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 Chapter 29.9(A) of the Cypress Zoning Ordinance Relating to Signs Attached to Vehicles, Vehicle Parts, Trailers, or Other Objects Parked Within or Near Arterial Highways and Other Public Rights-Of-Way. 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, California, Adding One (1) Entry, and Consecutively Renumbering the Entries Contained Within Resolution No. 5526. July 22, 2002 Page 6 4. PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2002- 03, CITY OF CYPRESS PROJECT NO. 8615-90. 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, California, Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2002-03, Pursuant to the Landscaping and Lighting Act of 1972, and Confirming the Diagram and Assessment Thereof. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar (Council) are to be approved with one motion unless a member of the Council requests separate action on a specific item. CONSENT CALENDAR (5 - 9) 5. APPROVAL OF MINUTES Meeting of July 8, 2002. Recommended Action: Approve as submitted, with Council Member McGill abstaining on the minutes due to his absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-06, A Request to Install a 50 Square Foot Monument Sign at 9201 Grindlay Street in the PS Public and Semi-Public Zone. July 22, 2002 Page 7 Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-06 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-06 - With Conditions. 8. ADOPTION OF RESOLUTION AUTHORIZING A SPECIAL TAX LEVY FOR FISCAL YEAR 2002-03 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommended Action: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for fiscal year 2002-03 within the District by adopting the Resolution by title only, title as follows, and authorize the Mayor to sign the Proposition 218 Certification. A Resolution of the City Council of the City of Cypress, California, Acting as the Legislative Body of Community Facilities District No. 1 (Sorrento Homes) of the City of Cypress, California, Authorizing the Levy of a Special Tax for Fiscal Year 2002-2003 Within Such Community Facilities District. 9. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 54823 THROUGH 55022. Recommended Action: That the City Council approve the attached warrant registers. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (10) 10. SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADDING CHAPTER 2, ARTICLE IV, SECTION 2-120, AUTHORIZING ESTABLISHMENT OF STAGGERED TERMS OF OFFICE FOR INITIAL APPOINTMENTS MADE IN 2002 TO EACH BOARD AND COMMISSION. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, adopting Chapter 2, Article IV, Section 2-120, authorizing establishment of staggered terms of office for initial appointments made in 2002 for each July 22, 2002 Page 8 Board and Commission. An Ordinance of the City Council of the City of Cypress, and the Ex-Officio Governing Body of the Cypress Recreation & Park District, Adopting Chapter 2, Article IV, Section 2-120, Authorizing Establishment of Staggered Terms of Office for Initial Appointments Made in 2002 for Each Board and Commission. UNFINISHED BUSINESS NEW BUSINESS (11 - 12) 11. CONSIDERATION OF AN APPROPRIATION OF VOLUNTARY MEMBERSHIP FUNDING FOR THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY FROM THE UNRESERVED GENERAL FUND BALANCE. Recommended Action: That the City Council consider a request to provide a voluntary contribution of membership funds up to a maximum amount of $9,246, paid on a quarterly basis, to the Orange County Regional Airport Authority (OCRAA). If approved, the Council must authorize the total appropriation of $9,246 from the Unreserved General Fund Balance to Account No. 4163-11-117-02. 12. ADOPTION OF RESOLUTION TO APPROVE CITY INITIATED BALLOT MEASURES FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2002, AND AMENDMENT TO ADOPTED RESOLUTION CALLING FOR THE HOLDING OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2002. Recommended Action: That the City Council approve the submittal of the proposed City-initiated Charter Amendments related to the required residency of the City Manager and to the appointments and terms of Boards and Commissions, and adopt the Resolution by title only, title as follows, ordering the submission to the qualified electors of the City of certain measures relating to the residency requirement for the City Manager and to the appointments and terms of City Boards and Commissions at the General Election to be held on Tuesday, November 5, 2002, as called by Resolution No. 5581. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. July 22, 2002 Page 9 CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. 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, August 12, 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 July, 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, JULY 19, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.