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Agenda 2002-12-09 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 9, 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 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 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. December 9, 2002 Page 2 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 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCEBROWNIE GIRL SCOUT TROOP #469, Cypress Service Unit INVOCATION FATHER MIKE HEHER St. Ireanaeus Catholic Church December 9, 2002 Page 3 SPECIAL ORDER ADOPTION OF RESOLUTION DECLARING OF BUSINESS THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002. Recommended Action: Adopt the Resolution by title only, title as follows, declaring the results of the General Municipal Election held on November 5, 2002. A Resolution of the City Council of the City of Cypress, California, Reciting the Fact of the General Municipal Election Held on November 5, 2002, Declaring the Result and Such Matters as Provided by Law. PRESENTATIONS PRESENTATION OF CERTIFICATES OF ELECTION AND ADMINISTERING LOYALTY OATH TO NEWLY-ELECTED COUNCIL MEMBERS • Frank S. McCoy, Jr. • Mike McGill • Lydia Sondhi CITY COUNCIL ELECTION OF MAYOR AND MAYOR PRO TEM REORGANIZATION PRESENTATIONS PRESENTATION OF MAYOR’S PLAQUE TO OUTGOING MAYOR LYDIA SONDHI RECESS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY December 9, 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. Your name will be called at the time the matter is heard by the Council. PUBLIC HEARINGS (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING VARIANCE NO. 2002-02, A REQUEST TO VARY FROM SECTION 9.5, TABLE 9.5.6 OF THE CYPRESS ZONING ORDINANCE TO ALLOW A REDUCED SIDE YARD SETBACK FOR A SINGLE-STORY ROOM ADDITION LOCATED AT 5621 VONNIE LANE. 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, Granting a Variance from the Terms of the Zoning Ordinance of the City of Cypress, Section 9.5, Table 9.5.6 to Allow a Reduced Side Yard Setback For a Single-Story Room Addition Located at 5621 Vonnie Lane. ***Convene Cypress Redevelopment Agency. December 9, 2002 Page 5 JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY 2. PUBLIC HEARING REGARDING MID-TERM REVIEW OF THE CYPRESS REDEVELOPMENT AGENCY’S FIVE YEAR IMPLEMENTATION PLAN AND CONSIDERATION OF A PROPOSED AMENDMENT TO SAID IMPLEMENTATION PLAN. Motion to Receive and File the Mid-Term Implementation Plan Review Report, and Adopt the Resolution Presented for Consideration by Title Only and to Waive Further Reading. A Resolution of the Cypress Redevelopment Agency, Approving an Amendment to the Agency’s Five Year Implementation Plan 2000-2004. ***Recess Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendars (Council and Redevelopment Agency) are to be approved with one motion unless a member of the Council/Redevelopment Agency or the public requests separate action on a specific item. CONSENT CALENDAR (3 - 11) 3. APPROVAL OF MINUTES Meetings of November 18 and November 25, 2002. Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. December 9, 2002 Page 6 5. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-10, A Request to Approve a Sign Program for the New Sav-On Drug Store Located at 5501 Ball Road in the CG Commercial General Zone. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-10 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-10 - With Conditions. 6. ADOPTION OF RESOLUTION REGARDING ACCEPTANCE AND DEPOSIT OF DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) DONATIONS. Recommended Action: Adopt the Resolution by title only, title as follows, authorizing the Chief of Police to accept donations designated for the Drug Abuse Resistance Education (D.A.R.E.) program on behalf of the City Council, and granting permission for the Chief of Police to deposit such funds into the Police Department’s donation revenue account number 3713-11. A Resolution of the City Council of the City of Cypress, Authorizing the Chief of Police to Accept Donations Designated for the Drug Abuse Resistance Education (D.A.R.E.) Program on Behalf of the City Council of the City of Cypress, and Granting Permission for the Chief of Police to Deposit Such Funds into the Police Department’s Donation Revenue Account. 7. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF RECREATION LEADER I-IV, AQUATICS INSTRUCTOR, ASSISTANT POOL MANAGER, LIFEGUARD, AND POOL MANAGER. 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 revised classification specifications for the temporary part-time and seasonal December 9, 2002 Page 7 positions of Recreation Leader I-IV, Aquatics Instructor, Assistant Pool Manager, Lifeguard, and Pool Manager. 8. ADOPTION OF RESOLUTION AMENDING HOURLY PAY RANGES FOR TEMPORARY PART-TIME AND SEASONAL POSITIONS. 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 Resolution by title only, title as follows, amending Resolution No. 5110, establishing hourly pay ranges for temporary part-time and seasonal positions. A Resolution of the City Council of the City of Cypress, And Acting as Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, Amending Resolution No. 5110 Establishing Hourly Pay Ranges for Temporary Part-Time and Seasonal Positions. 9. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION TO ORANGE COUNTY SANITATION DISTRICT REQUESTING MATCHING FUNDS FOR A CCTV (CLOSED CIRCUIT TELEVISION) INSPECTION PROJECT. Recommended Action: That the City Council authorize staff to submit an application to Orange County Sanitation District requesting matching funds for a CCTV (Closed Circuit Television) Inspection Project. 10. ACCEPTANCE OF FISCAL YEAR 2001-2002 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council accept and direct staff to file the Fiscal Year 2001-2002 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2002. 11. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 56985 THROUGH 57226. Recommended Action: Approve the attached warrant register. December 9, 2002 Page 8 END OF CONSENT CALENDAR UNFINISHED BUSINESS NEW BUSINESS (12) 12. APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. Recommended Action: That the City Council confirm the Mayor’s appointments to the various organizations and committees. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. ***Recess City Council. CYPRESS REDEVELOPMENT AGENCY MATTERS (13 - 14) The Cypress City Council, Acting as the Cypress Redevelopment Agency. ***Reconvene Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Agency requests separate action on a specific item. December 9, 2002 Page 9 Consent Calendar (13): 13. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH JOHN BATES ASSOCIATES, INC. FOR ARCHITECTURAL AND DESIGN SERVICES. Recommended Action: That the Redevelopment Agency Board: 1) Approve the Contract Services Agreement with John Bates Associates, Inc. in the amount of $205,950 for architectural services for the Civic Center expansion and design services for City Hall and the Cypress Community Center; 2) Approve a transfer from the fund balance of the Cypress Redevelopment Agency (Civic Center Project Area) Operating Fund (35) to the Capital Projects Fund (15) in the amount of $205,950; and 3) Appropriate $205,950 from the fund balance of the Capital Projects Fund to account number 4189-15-434-24 (Professional Services – Chamber/Civic Center remodel) for architectural and design services. END OF CONSENT CALENDAR New Business (14): 14. ELECTION OF AGENCY CHAIR AND VICE CHAIR. Recommended Action: That the Cypress Redevelopment Agency conduct an election for its Chair and Vice Chair for one-year terms of office, expiring in December, 2003. ***Adjourn Cypress Redevelopment Agency. ***Reconvene City Council. 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 December 9, 2002 Page 10 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 1. Discussion on Orange County Fire Authority Firefighter Memorial (Requested by Council Member McGill) ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, January 13, 2003, beginning at 5:30 p.m. in the Executive Board Room. The second Regular Meeting in December will not be held. 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 5th day of December, 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, DECEMBER 6, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.