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Agenda 2003-01-27 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 27, 2003 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 FRANK McCOY MAYOR PRO TEM TIM KEENAN COUNCILMEMBER MIKE McGILL COUNCILMEMBER ANNA L. PIERCY COUNCILMEMBER LYDIA SONDHI WORKSHOP SESSION SOUTHERN CALIFORNIA WATER COMPANY UPDATE 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. January 27, 2003 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 January 27, 2003 Page 3 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE 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. Your name will be called at the time the matter is heard by the Council. January 27, 2003 Page 4 PUBLIC HEARINGS (1 - 4) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-18, A REQUEST TO ADD ONSALE GENERAL ALCOHOL TO THE MARRIOTT RESIDENCE INN HOTEL LOCATED AT 4931-4941 KATELLA AVENUE, IN THE PBP PLANNED 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. 2002-18 – With Conditions. 2. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002-08, A REQUEST TO RELOCATE AN EXISTING WEIGHT LOSS AND FITNESS CENTER FROM ITS EXISTING LOCATION AT 9919 WALKER STREET TO 9925 WALKER STREET WITHIN THE SAME SHOPPING CENTER, IN THE CG-10,000 COMMERCIAL GENERAL 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 an Amendment to Conditional Use Permit No. 2002-08 – With Conditions. 3. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2003-01, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE TO MODIFY PROVISIONS FOR ON-SITE PARKING STANDARDS FOR DETACHED CONDOMINIUM UNITS. 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, January 27, 2003 Page 5 California, Amending Section 25, Division 1, Appendix “A” of the Cypress Zoning Ordinance (Off Street Parking and Loading), Amending Table 25.7(A) Thereby Defining Parking Space Requirements in Residential Zones. 4. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2003-02, A PROPOSAL TO AMEND THE CYPRESS ZONING ORDINANCE TO MODIFY PROVISIONS FOR THE PROCESSING REQUIREMENTS FOR SECONDHAND DEALERS. 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 Section 15-61 of the Cypress City Code Regarding the Approval of Special Permits for Secondhand Dealers. 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 (5 - 12) 5. APPROVAL OF MINUTES Meeting of January 13, 2003. Recommended Action: Approve as submitted. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. January 27, 2003 Page 6 7. ADOPTION OF RESOLUTION REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE VARIOUS STREET AND SIGNAL PROJECTS WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM. Recommended Action: Adopt the Resolution by title only, title as follows, approving the submittal of various street and traffic signal improvement projects to the Orange County Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program (CTFP). A Resolution of the City Council of the City of Cypress, Adopting the Submittal of Various Street and Signal Improvement Projects to the Orange County Transportation Authority for Funding Under the Combined Transportation Funding Program. 8. APPROVAL OF CONTRACT CHANGE ORDER NO. 4 AND ACCEPTANCE OF CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE, PUBLIC WORKS PROJECT NO. 2001-05. Recommended Action: That the City Council: 1) Approve Contract Change Order No. 4 to JP LaBarge Construction Management for Public Works Project No. 2001-05, in the amount of $26,741.97; and 2) Approve an operating transfer, in the amount of $2,100, from the fund balance of Asset Forfeiture Fund 28 to Capital Improvement Project Fund for the purposes of required deputy inspection and testing, and appropriate $2,100 into Account No. 4189-15-844-24; and 3) Accept the project for Construction of Police Department Shooting Range and Training Facility, Public Works Project No. 2001-05, as being satisfactorily completed in conformance with the project specifications; and 4) Approve the final retention payment of $74,787.91 to JP LaBarge th Construction Management, 305 E. 9 Street, Upland, California 91786, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 5) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. January 27, 2003 Page 7 9. ACCEPTANCE OF FINAL TRACT MAP NO. 16372. PROPERTY LOCATED AT 5361 DELONG STREET. Recommended Action: That the City Council approve Final Tract Map No. 16372 and authorize the City Clerk to sign the record map. 10. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN REVISING THE CLASS SPECIFICATION FOR THE POSITION OF CODE ENFORCEMENT OFFICER I/II. 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 updated class specification for the regular full-time positions of Code Enforcement Officer I/II. 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2002. Recommended Action: That the City Council receive and file the Investment Report for the month of December, 2002. 12. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 57575 THROUGH 57872. Recommended Action: Approve the attached warrant register. END OF CONSENT CALENDAR January 27, 2003 Page 8 UNFINISHED BUSINESS (13) 13. CONTINUED CONSIDERATION OF THE APPLICATION FOR DESIGN REVIEW COMMITTEE PERMIT NO. 2002-11, A Request to Construct a 5,009 Square-Foot Equine Veterinary Hospital Located at 8931 Watson Street in the PC Planned Community Zone. Recommended Action: Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2002-11 - with conditions. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2002-11 - With Conditions. 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 January 27, 2003 Page 9 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, February 10, 2003, 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 rd 23 day of January, 2003. ________________________________ 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, JANUARY 24, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.