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Agenda 2003-04-14 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 14, 2003 5:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:00 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 REVIEW OF PROPOSED 2003-2010 CAPITAL IMPROVEMENT PROGRAM RECESS 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. April 14, 2003 Page 2 CLOSED SESSION JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 134-011-43 and 134-011-45; Consisting of approximately 1 Acre on the South Side of Lincoln Avenue, East of Valley View Street, within the Lincoln Avenue 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. 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. SPEAKER’S CARD The assists the Mayor in ensuring that all persons April 14, 2003 Page 3 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 - 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 VARIANCE NO. 2003-02, 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 SECOND-STORY ADDITION FROM THE REQUIRED TEN FOOT (10’) TO THREE FOOT (3’) SETBACK LOCATED AT 5592 VONNIE LANE IN THE RM-15 RESIDENTIAL MULTIPLE FAMILY 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, 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 Second Story Addition from the Required Ten Foot (10’) to Three Foot (3’) Setback Located at 5592 Vonnie Lane. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2003-04, A REQUEST TO ESTABLISH A JAPANESE RESTAURANT WITH ONSALE BEER AND WINE AT 4109 BALL ROAD IN THE CG 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 Conditional Use Permit No. 2003-04 – With Conditions. 3. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97-6, A REQUEST TO ESTABLISH A DRY CLEANING FACILITY AT 4189 BALL ROAD IN THE CG 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 Amendment to Conditional Use Permit No. 97-6 – April 14, 2003 Page 4 With Conditions. 4. PUBLIC HEARING REGARDING THE PROPOSED 2003-2010 CAPITAL IMPROVEMENT PROGRAM. Recommendation: That the City Council conduct a Public Hearing to solicit comments on the City’s proposed 2003-2010 Capital Improvement Program. 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 – 21) 5. APPROVAL OF MINUTES Meetings of March 17 and March 24, 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. 7. PROCLAIMING THE MONTH OF APRIL, 2003, AS “NATIONAL CHILD ABUSE PREVENTION MONTH” AND APRIL 2, 2003, AS “NATIONAL DAY OF HOPE” IN THE CITY OF CYPRESS. Recommended Action: That the City Council officially proclaim the month of April, 2003, as “National Child Abuse Prevention Month” and April 2, 2003, as “National Day of Hope” in the City of Cypress. 8. PROCLAIMING THE MONTH OF APRIL, 2003, AS “AUTISM AWARENESS MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the City Council officially proclaim the month of April, 2003, as “Autism Awareness Month” in the City of Cypress. April 14, 2003 Page 5 9. PROCLAIMING APRIL 27 – MAY 3, 2003, AS “NATIONAL RECORD-A-THON WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the City Council officially proclaim April 27 – May 3, 2003, as “National Record-A-Thon Week” in the City of Cypress. 10. ADOPTION OF RESOLUTION TO SUPPORT JOINT FORCES TRAINING BASE FUNDING. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, in support of moving Congressional funding up from Federal Year 2008 to begin in year 2004 for infrastructure improvements at the Los Alamitos Joint Forces Training Base. A Resolution of the City Council of the City of Cypress, In Support of the “Military Construction Utility Delivery Systems Upgrade Project,” at the Joint Forces Training Base in Los Alamitos. 11. ADOPTION OF RESOLUTION IN SUPPORT OF SB 465 – TRANSIT VILLAGE BILL. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, in support of SB 465 – Transit Village Bill. A Resolution of the City Council of the City of Cypress, In Support of SB 465 – Transit Village Bill. 12. ADOPTION OF RESOLUTION ADOPTING THE SECOND REVISION TO THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, adopting the second revision to the Boards, Commissions and Committees Policy Manual. A Resolution of the City Council of the City of Cypress, Adopting the Second Revision to the Boards, Commissions and Committees Policy Manual. April 14, 2003 Page 6 13. SUPPORT OF SCA 2 AND ACA 7 RELATED TO AMENDING THE CALIFORNIA CONSTITUTION TO REDUCE VOTER MARGIN FOR PASSAGE OF BALLOT MEASURES INVOLVING SALES TAXES FOR TRANSPORTATION PROJECTS AND SERVICES. Recommended Action: That the City Council support SCA 2 (Torlakson) and ACA 7 (Dutra) and authorize the Mayor to sign a letter on the City Council’s behalf and forward it to the appropriate legislators and transportation agencies. 14. OPPOSITION TO AB 136 RELATED TO WORKERS’ COMPENSATION TEMPORARY DISABILITY AND LEAVE OF ABSENCE. Recommended Action: That the City Council oppose AB 136 (Kehoe) and authorize the Mayor to sign a letter on the City Council’s behalf and forward it to the appropriate legislators. 15. APPROVAL OF SETTLEMENT AGREEMENT IN THE CASE OF CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS V. SCOTT AANONSON, CITIZENS FOR PROPERTY RIGHTS, ET AL. Recommended Action: That the City Council approve the attached Settlement Agreement and Mutual General Release by and between Citizens for Property Rights, Scott Aanonson, Jill R. Ingram-Guertin, the Cypress Redevelopment Agency, and the City of Cypress. 16. ACCEPTANCE OF FINAL TRACT MAP NO. 16439. PROPERTY LOCATED AT 9731 WALKER STREET. Recommended Action: That the City Council approve Final Tract Map No. 16439 and authorize the City Clerk to sign the record map. 17. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR THE REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 1, PUBLIC WORKS PROJECT NO. 2002-39. Recommended Action: That the City Council: 1) Approve the plans and specifications for the rehabilitation of Tanglewood Alleys, Phase 1, Public Works Project No. 2002-39; and 2) Authorize staff to advertise the project for bid. April 14, 2003 Page 7 18. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR REHABILITATION OF DENNI STREET BETWEEN CERRITOS AVENUE AND CARBON CREEK CHANNEL, AND MOODY STREET BETWEEN CERRITOS AVENUE AND BALL ROAD, PUBLIC WORKS PROJECT NO. 2003-07. Recommended Action: That the City Council: 1) Approve the plans and specifications for Rehabilitation of Denni Street between Cerritos Avenue and Carbon Creek Channel, and Moody Street between Cerritos Avenue and Ball Road, Public Works Project No. 2003-07; and 2) Authorize staff to advertise the project for bid. 19. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 58587 THROUGH 58784. Recommended Action: Approve the attached warrant register. Recreation & Park District Matters: 20. ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1,250 AND THE APPROPRIATION OF $1,250 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donations in the amount of $1,250 from The Medicine Shoppe, Medix Ambulance Service, Lakewood Regional, Harriman Jones Medical Group, Caremore Insurance, Long Beach Memorial and Los Alamitos Memorial, and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,250; and 2) Appropriate $1,250 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4104-12- 317-10 for the purchase of supplies for the Volunteer Recognition Celebration on April 12, 2003. Supplies include decorations, entertainment and giveaways for the 175 volunteers. April 14, 2003 Page 8 21. ACCEPTANCE OF DONATION IN THE AMOUNT OF $2,500 AND APPROPRIATION OF $2,500 FOR CEDAR CLEN PARK IMPROVEMENTS. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $2,500 from SAFECO Insurance Company of America, and increase the estimated revenue account #3713-12 by $2,500; and 2) Appropriate $2,500 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4113-12-306-10 for the purchase of items such as barbecues and picnic tables for improvements to Cedar Glen Park. END OF CONSENT CALENDAR UNFINISHED BUSINESS NEW BUSINESS (22) 22. ADOPTION OF ORDINANCE OF THE CITY OF CYPRESS, AMENDING SECTIONS 17-69 AND 17-70 OF THE CYPRESS MUNICIPAL CODE RELATING TO SKATEBOARDING IN DESIGNATED AREAS. Recommended Action: That the City Council 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, Amending Sections 17-69 and 17-70 of the Cypress Municipal Code Relating to Skateboarding in Designated Areas. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. April 14, 2003 Page 9 CYPRESS REDEVELOPMENT AGENCY MATTERS (23 - 24) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 23. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2002-03. Recommended Action: That the Cypress Redevelopment Agency Board approve additional appropriations from the Los Alamitos Race Track and Golf Course Project Area fund balance as follows: Appropriate $100,000 to account 4179-38-197-06 (Legal Services) from the fund balance of the LART Capital Projects fund. 24. APPROVAL OF SETTLEMENT AGREEMENT IN THE CASE OF CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS V. SCOTT AANONSON, CITIZENS FOR PROPERTY RIGHTS, ET AL. Recommended Action: That the Cypress Redevelopment Agency approve the attached Settlement Agreement and Mutual General Release by and between Citizens for Property Rights, Scott Aanonson, Jill R. Ingram-Guertin, the Cypress Redevelopment Agency, and the City of Cypress. END OF CONSENT CALENDAR 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 April 14, 2003 Page 10 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, April 28, 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 th than 72 hours prior to the meeting. Dated this 10 day of April, 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, APRIL 11, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.