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Agenda 2002-10-14 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 14, 2002 6:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 P.M. Council Chambers ROLL CALL MAYOR LYDIA SONDHI MAYOR PRO TEM FRANK McCOY COUNCILMEMBER TIM KEENAN COUNCILMEMBER MIKE McGILL COUNCILMEMBER ANNA L. PIERCY 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. October 14, 2002 Page 2 CLOSED SESSION 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 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 October 14, 2002 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE BOY SCOUT TROOP 295 INVOCATION PRESENTATIONS 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. October 14, 2002 Page 4 PUBLIC HEARINGS (1 - 9) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING GENERAL PLAN AMENDMENT NO. 2002-02, ZONE CHANGE NO. 2002-02, THE CENTERSTONE SPECIFIC PLAN, CONDITIONAL USE PERMIT NO. 2002-14, AND TENTATIVE TRACT MAP NO. 16376, A REQUEST TO CONSTRUCT 33 SINGLE-FAMILY HOMES N THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET IN THE CG COMMERCIAL GENERAL ZONE. Motion to Introduce for First Reading the Ordinance Presented for Consideration by Titles Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, California, Adopting Zone Change No. 2002-02 and the Centerstone Specific Plan, Changing the Zoning Classification of the Two Properties Generally Located at the Northwest Corner of Ball Road and Holder Street from CG Commercial General to PC Planned Community. Motion to Adopt the Resolutions Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the City Council of the City of Cypress, Adopting General Plan Amendment No. 2002-02, Changing the General Plan Classification of the Properties Located at 6381-6427 Ball Road from General Neighborhood Commercial to Planned Community. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2002-14 – With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 16376 – With Conditions. October 14, 2002 Page 5 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-16, A REQUEST TO ESTABLISH AN AMERICAN LEGION POST WITH ONSALE GENERAL ALCOHOL WITHIN AN EXISTING INDUSTRIAL LEASE SPACE LOCATED AT 5646 CORPORATE AVENUE WITHIN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. 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. 2002-16 – With Conditions. 3. PUBLIC HEARING REGARDING APPLICATION FOR A SPECIAL PERMIT, A REQUEST TO OPERATE A SECONDHAND STORE LOCATED AT 6058 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. 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 a Special Use Permit for a Secondhand Store Located at 6058 Lincoln Avenue – With Conditions. 4. PUBLIC HEARING REGARDING APPLICATION FOR A SPECIAL PERMIT, RESIDENTIAL ADDRESSING SERVICE, CURB NUMBERING SERVICE. Recommended Action: That the City Council approve the Special Permit to Ms. Amanda R. Salazar, D.B.A. Curb Numbering Service, 9823 Walnut Street #2W, Bellflower, California 90706, to paint address numbers on residential curbs in the City, subject to full compliance with Public Works Standard Plan No. 410, which permit shall expire on October 14, 2003. October 14, 2002 Page 6 5. PUBLIC HEARING REGARDING ADOPTION OF ORDINANCES FOR THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. Motion to Introduce for First Reading the Ordinances Presented for Consideration by Titles Only and to Waive Further Reading. An Ordinance of the City Council of the City of Cypress, Amending Sections 5-1 and 5-2 of Chapter 5 of the Cypress City Code, Thereby Adopting by Reference the Following Codes with Certain Amendments Thereto: The 1997 Edition of the Uniform Building Code, Also Known as the 2001 California Building Code, the 2000 Edition of the Uniform Mechanical Code, Also Known as the 2001 California Mechanical Code, the 1997 Edition of the Uniform Housing Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, the 1997 Edition of the Uniform Administrative Code and the 2001 Edition of the Uniform Building Code Standards and Repealing Ordinance No. 989. An Ordinance of the City Council of the City of Cypress, Amending Sections 5-3 and 5-4 of Chapter 5 of the Cypress City Code, and Thereby Adopting by Reference the Following Codes with Certain Amendments Thereto: The 2000 Edition of the Uniform Fire Code and the 2000 Edition of the Uniform Fire Code Standards and Repealing Ordinance No. 990. An Ordinance of the City Council of the City of Cypress, Amending Chapter 8 of the Cypress City Code and Thereby Adopting by Reference the National Electrical Code, 1999 Edition, Also Known as the 2001 California Electrical Code With Certain Amendments and Repealing Ordinance No. 991. An Ordinance of the City Council of the City of Cypress, Amending Chapter 19 of the Cypress City Code and Thereby Adopting by Reference the Following Codes With Certain Amendments Thereto: The 2000 Edition of the Uniform Plumbing Code, Also Known as the 2001 California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code, the 1997 Edition of the Uniform Solar Energy Code, and the Uniform Plumbing Code Material and Installation Standards and Repealing Ordinance No. 992. October 14, 2002 Page 7 6. PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS UNDER THE “VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994.” Recommended Action: That the City Council: 1) Conduct a public hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the grant funds; and 2) Accept the awarded grant sum of $29,694 from the federal government and increase estimated revenues in the General Fund (3525-11); and 3) Transfer $21,430 from the unreserved fund balance of the General Fund (Fund 11) to the Capital Replacement Fund (Fund 90); and 4) Appropriate $21,430 from the unreserved fund balance of the Capital Replacement Fund to account 4305-90-656-35 for the purchase of an Archive Mobile Storage System; and 5) Appropriate $8,846 from the unreserved fund balance of the General Fund (Fund 11) to account 4113-11-163-05 for the purchase of ten (10) M26 tasers, four (4) patrol bicycles and associated equipment; and 6) Appropriate $2,717 from the unreserved fund balance of the General Fund (Fund 11) to account 4116- 11-163-05 for the purchase of field training officer computer software and eight (8) licenses. 7. PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS. Recommended Action: That the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens’ Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve an increase of estimated revenues for fiscal year 2002/2003, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3525-30-999-99 for $100,000; and 3) Approve the continued use of grant funds for one (1) police services officer position, which was approved in fiscal year 1999/2000. These funds, $58,321, will pay for the police service officer’s salary for fiscal year 2002/2003; and 4) Approve the continued use of the remaining funds for one (1) police officer position, which was approved during fiscal year 2001/2002. These remaining funds, $41,679, will pay for a portion of that officer’s salary for fiscal year 2002/2003. October 14, 2002 Page 8 8. PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS, TO BE REALLOCATED FROM FISCAL YEAR 2000/2001. Recommended Action: That the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens’ Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the expenditure of $21,100 from account 4305-90-656-35 (Police Equipment) for the purchase of a voice stress analyzer, document imaging, and laptop computer. 9. PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2003-04 (YEAR 29). Recommended Action: That the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2003-04 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City’s participation in the Fiscal Year 2003-04 (Year 29) Community Development Block Grant Program with the County of Orange; and 3) Authorize the Mayor to sign the grant request on behalf of the Cypress City Council. A Resolution of the City Council of the City of Cypress, th Approving the City’s Participation in the 29 Year Housing and Community Development Block Grant (CDBG) Program with the County of Orange. 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 (10 - 23) 10. APPROVAL OF MINUTES October 14, 2002 Page 9 Meeting of September 23, 2002. Recommended Action: Approve as submitted, with Council Member Keenan abstaining due to his absence from the meeting. 11. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 12. PROCLAIMING THE WEEK OF OCTOBER 17-20, 2002, AS TH THE “49 NATIONAL CONVENTION OF GIRL SCOUTS OF THE USA.” Recommended Action: That the Mayor and City Council officially proclaim the week of October 17-20, 2002, as the th “49 National Convention of Girl Scouts of the USA.” 13. PROCLAIMING THE WEEK OF OCTOBER 19-24, 2002, AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of October 19-24, 2002, as “Red Ribbon Week” in the City of Cypress. 14. PROCLAIMING THE WEEK OF OCTOBER 20-26, 2002, AS “WORLD POPULATION AWARENESS WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of October 20-26, 2002, as “World Population Awareness Week” in the City of Cypress. 15. ADOPTION OF RESOLUTION TO APPLY FOR FUNDING FROM THE CALIFORNIA ENERGY COMMISSION FOR BATTERY BACKUP SYSTEMS. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, authorizing the City to apply for funding from the California Energy Commission for battery backup systems operating with light emitting diode traffic signals; and 2) Approve an increase to estimated revenues in the General Fund in Other Grants, Account No. October 14, 2002 Page 10 3525-39-999-99, in the amount of $14,700; and 3) Approve an appropriation of $26,100 from the Measure M Turnback Fund to Account No. 4186-39-846-22 for the purchase and installation of battery backup systems at various intersections. A Resolution of the City Council of the City of Cypress, To Apply for Funding from the California Energy Commission for Battery Backup Systems. 16. APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR CONSTRUCTION OF PHASE 3 IMPROVEMENTS FOR CYPRESS ACRES, PUBLIC WORKS PROJECT NO. 9836. Recommended Action: That the City Council approve Amendment No. 1 to Cooperative Agreement with County of Orange and County Development Agency for construction of Phase 3 improvements for Cypress Acres, and authorize the Mayor to sign the agreement. 17. APPROVAL OF AMENDMENT NO. 1 FOR RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR REMODEL OF CYPRESS COUNCIL CHAMBERS, PUBLIC WORKS PROJECT NO. 2001-18. Recommended Action: That the City Council approve Amendment No. 1 for Professional Architectural Services for design development, and preparation of plans, specifications, and estimates for the Remodel of the Cypress Council Chambers to John Bates Associates, Inc., 22952 Mill Creek Drive, Laguna Hills, California 92653. The cost of these services is not to exceed $105,135 (amended amount of $98,835 plus 6 percent contingency for reimbursable expenses). 18. AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION OF A COMPUTERIZED, INTERACTIVE TRAINING SYSTEM. Recommended Action: That the City Council award a contract for the purchase and installation of a computerized, interactive training system to Patriot Range Technologies LLC, 227 Bluff Avenue, La Grange, Illinois 60525, for an amount not to exceed $50,000. 19. APPROVAL OF AN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE PREPARATION October 14, 2002 Page 11 OF A FATS, OIL AND GREASE CONTROL PROGRAM STUDY. Recommended Action: That the City Council: 1) Approve an agreement with the Orange County Sanitation District for the preparation of a Fats, Oil and Grease Control Program Study; and 2) Appropriate $3,000 from the fund balance of the Sewer Fund to Account No. 4187-41-219-08 to pay for the City’s proportionate share of the cost of the study. 20. AWARD OF CONTRACT FOR REPLACEMENT OF ENGINE FOR PUBLIC WORKS VEHICLE NO. 319. Recommended Action: That the City Council: 1) Approve a contract in the amount of $7,235.00 with Cook Tractors, Inc., 13728 E. Alondra Blvd., Cerritos, California 90703-2316, to replace the engine in Public Works Vehicle #319; and 2) Appropriate $7,235.00 to Account No. 4368-90-659-39 in the Capital Replacement Fund. 21. ACCEPTANCE OF INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF WALKER STREET AT VESSELS CIRCLE, AND ORANGE AVENUE AT LEXINGTON JUNIOR HIGH SCHOOL, PUBLIC WORKS PROJECT NO. 2002-04. Recommended Action: That the City Council: 1) Accept the Installation of Traffic Signals at the Intersections of Walker Street at Vessels Circle, and Orange Avenue at Lexington Junior High School, Public Works Project No. 2002-04, as being satisfactorily completed in substantial conformance with the project specifications, in the final amount of $106,609.48; and 2) Approve the final retention payment of $10,660.94 to Moore Electrical Contracting, Inc., 463 N. Smith Avenue, Corona, California 92880, thirty-five (35) days after the Notice of Completion is filed if no claims or objections have been filed, upon concurrence of Director of Public Works. 22. ACCEPTANCE OF FINAL TRACT MAP NO. 16323. PROPERTY LOCATED AT 8652 BELMONT STREET. Recommended Action: That the City Council approve Final Tract Map No. 16323 and authorize the City Clerk to sign the record map. 23. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 55947 THROUGH 56374. October 14, 2002 Page 12 Recommended Action: That the City Council approve the attached warrant registers. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (24) 24. SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 24, ARTICLE II, SECTION 24-6 OF THE CYPRESS MUNICIPAL CODE RELATING TO EXCAVATIONS, FILLS, AND OBSTRUCTIONS WITHIN THE PUBLIC RIGHT-OF-WAY. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending Chapter 24, Article II, Section 24-6 of the Cypress Municipal Code relating to excavations, fills, and obstructions within the public right-of-way. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 24, Article II, Section 24-6 of the Cypress Municipal Code Relating to Excavations, Fills, and Obstructions Within the Public Right-Of-Way. UNFINISHED BUSINESS NEW BUSINESS (25-26) 25. APPROVAL OF CITY COUNCIL COMPENSATION INCREASE. Recommended Action: That the City Council introduce the first reading of the Ordinance by title only, title as follows, which will adjust the City Council monthly compensation for the year 2001 by $31 and 2002 by $33 to a new salary level of $685/month, effective January 1, 2003, as provided for in the Cypress City Code and State law. An Ordinance of the City Council of the City of Cypress, California, Amending Section 2-3.3(b) of the Code of the City of Cypress, Adjusting Council Compensation by a 5% Cost of Living Increase. October 14, 2002 Page 13 26. EXPIRATION OF AN INTERIM URGENCY ORDINANCE PROHIBITING THE GRANTING OF VARIOUS LAND USE ENTITLEMENTS BY THE CYPRESS CITY COUNCIL AND THE CYPRESS COMMUNITY DEVELOPMENT DEPARTMENT WITHIN THE GEOGRAPHIC BOUNDARIES OF THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT. Recommended Action: That the City Council review and comment, then receive and file this report and its attachments regarding potential Master Plans for the study area in compliance with California Government Code Section 65858(d). RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. 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 October 14, 2002 Page 14 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, October 28, 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 10 day of October, 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, OCTOBER 11, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.