Loading...
Agenda 2002-10-28 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 28, 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 28, 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 28, 2002 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE BOY SCOUT TROOP 1616 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 28, 2002 Page 4 PUBLIC HEARINGS (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council. 1. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-5, A REQUEST TO REDUCE THE SIZE OF THE TARGET GARDEN CENTER AND ADD ADDITIONAL SQUARE FOOTAGE THROUGHOUT THE BUILDING LOCATED AT 6835 KATELLA AVENUE IN THE PC-1 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 Amendment to Conditional Use Permit No. 84-5 – With Conditions. 2. PUBLIC HEARING REGARDING AN APPLICATION FOR A SPECIAL PERMIT, A REQUEST TO OPERATE A SECONDHAND STORE LOCATED AT 6336 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 6336 Lincoln Avenue – 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 requests separate action on a specific item. CONSENT CALENDAR (3 - 11) 3. APPROVAL OF MINUTES Meeting of October 14, 2002. Recommended Action: Approve as submitted. October 28, 2002 Page 5 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING NOVEMBER 6, 2002, AS “LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim November 6, 2002, as “Law Enforcement Records and Support Personnel Day” in the City of Cypress. 6. ADOPTION OF RESOLUTION RELATING TO THE CLOSURE OF WEST COAST PORTS. Recommended Action: That the City Council consider the adoption of a Resolution by title only, title as follows, relating to the closure of West Coast Ports, specifically including the Port of Long Beach and the Port of Los Angeles, and the substantial economic impact of these closures. A Resolution of the City Council of the City of Cypress, Relating to the Closure of the West Coast Ports, Specifically Including the Ports of Long Beach and Los Angeles. 7. REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF BURBANK. Recommended Action: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of the City of Burbank in the case entitled Rubin v. City of Burbank, 124 Cal. Rptr. 2d 867, California Court of Appeal, Second Appellate District, Division Two. October 28, 2002 Page 6 8. AWARD OF CONTRACT FOR CONSTRUCTION OF SKATE PARK AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 2002-35. Recommended Action: That the City Council: 1) Authorize the transfer of $57,290 from the City’s unreserved General Fund balance (2200-11) to the Cypress Recreation and Park District’s General Fund (1200-12); and 2) Appropriate $57,290 from the Cypress Recreation and Park District General Fund Account No. 4186-12-518-29; and 3) Determine the lowest responsible bidder for Public Works Project No. 2002-35 to be Seashore Construction Inc.; and 4) Award a contract for construction of Skate Park at Veterans Park, Public Works Project No. 2002-35, in the amount of $115,843.57, to Seashore Construction Inc., 1930 Old Tustin Avenue, Santa Ana, California 92705-7811; and 5) Authorize $11,584.36 (10% of bid amount) as contingency to be used for unforeseen work or adjustment in quantities. 9. AWARD OF CONTRACT FOR BALL ROAD PARKWAY IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2001- 24. Recommended Action: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2001-24 to be GMC Engineering, Inc.; and 2) Award a contract for Ball Road Parkway Improvements, Public Works Project No. 2001-24, in the amount of $310,000.35 to GMC Engineering, Inc., 1401 Warner Avenue, Suite B, Tustin, California 92780; and 3) Authorize $31,000 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2002. Recommended Action: That the City Council receive and file the Investment Report for the month of September, 2002. 11. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 56375 THROUGH 56564. Recommended Action: That the City Council approve the attached warrant registers. October 28, 2002 Page 7 END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (12 - 14) 12. SECOND READING OF ORDINANCE ADOPTING ZONE CHANGE NO. 2002-02, AND THE CENTERSTONE SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET FROM CG COMMERCIAL GENERAL TO PC PLANNED COMMUNITY, AND TO APPROVE THE CENTERSTONE SPECIFIC PLAN. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, 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. An Ordinance of the City Council of the City of Cypress, 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. 13. SECOND READING OF ORDINANCES REGARDING ADOPTION OF THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. Recommended Action: That the City Council adopt the Ordinances by title only, titles as follows, regarding adoption of the Latest Model Building, Fire, Electrical, and Plumbing Codes with Amendments for the City of Cypress. 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 October 28, 2002 Page 8 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. 14. SECOND READING OF ORDINANCE TO AMEND SECTION 2-3.3(b) OF THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. Recommended Action: That the City Council approve the second reading of the attached Ordinance, 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. UNFINISHED BUSINESS October 28, 2002 Page 9 NEW BUSINESS 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 ITEMS FROM CITY MANAGER ADJOURNMENT Due to the Veteran’s Day holiday on Monday, November 11, 2002, the next Tuesday, November 12, 2002 meeting will be a Regular Meeting, to be held on , 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 24 day of October, 2002. ________________________________ Jill R. Ingram-Guertin, City Clerk October 28, 2002 Page 10 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 25, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.