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.