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Agenda 2003-11-24 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24, 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/AGENCY CHAIR FRANK McCOY MAYOR PRO TEM/AGENCY VICE CHAIR TIM KEENAN COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER ANNA L. PIERCY COUNCILMEMBER/BOARD MEMBER LYDIA SONDHI WORKSHOP SESSION CYPRESS REDEVELOPMENT AGENCY ITEM: AFFORDABILITY DISCUSSION REGARDING TWO (2) PROPOSED HOUSING PROJECTS LOCATED ON LINCOLN AVENUE ***Recess the meeting to Closed Session. 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. November 24, 2003 Page 2 CLOSED SESSIONCITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Nevis Homes, LLC v. City of Cypress, et al. Orange County Superior Court Case No. 03CC11128 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 CITY OF CYPRESS ITEMS: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION November 24, 2003 Page 3 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 wishing to address the Council are recognized. Your name will be called at the time the matter is heard by the Council. ***Recess the Cypress Redevelopment Agency. 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 REVIEW OF CONDITIONAL USE PERMIT NO. 2001-16, INVOLVING THE HOURS OF OPERATION OF AN EXISTING COMPUTER INTERNET BUSINESS LOCATED AT 6927 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2001-16 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2001-16 – With Conditions. November 24, 2003 Page 4 2. PUBLIC HEARING REGARDING VARIANCE NO. 2003-05 AND ZONE CHANGE NO. 2003-01, A REQUEST TO ALLOW A REDUCTION IN THE REQUIRED LOT WIDTH AND RE-ZONE THE PROPERTY LOCATED AT 5532 CAMP STREET FROM CG COMMERCIAL GENERAL TO RS-6,000 RESIDENTIAL SINGLE-FAMILY. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, granting a variance from Table 9.5, Section 9.5.3, of the Cypress Zoning Code to allow a decrease in the allowable lot width for the property located at 5532 Camp Street; and 2) Introduce the Ordinance for first reading by title only, title as follows, and waive further reading, adopting Zone Change No. 2003-01, changing the zoning classification of the property located at Camp Street from CG Commercial General to RS-6,000 Residential Single-Family. A Resolution of the City Council of the City of Cypress, Granting a Variance from Table 9.5, Section 9.5.3, of the Cypress Zoning Code to Allow a Decrease in the Allowable Lot Width for the Property Located at 5532 Camp Street. An Ordinance of the City Council of the City of Cypress, Adopting Zone Change No. 2003-01, Changing the Zoning Classification of the Property Located at 5532 Camp Street from CG Commercial General to RS-6,000 Residential Single-Family. 3. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2003-06, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE SECTION 29.17.D REGARDING SIGNS IN THE SPECIAL PURPOSE ZONES, AND CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-09, CONSTRUCTION OF A NEW MONUMENT SIGN FOR THE CYPRESS COMMUNITY CENTER. Recommended Action: That the City Council: 1) Introduce the Ordinance for first reading by title only, title as follows, and waive further reading, for approval of Zoning Code Amendment No. 2003-06; and 2) Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2003-09. An Ordinance of the City Council of the City of Cypress, California, Amending Section 29, Appendix “A” of the Cypress Zoning Ordinance (Signs), Amending Section 29.17.D Regarding Signs in Special Purpose Zones. A Resolution of the City Council of the City of Cypress, November 24, 2003 Page 5 Approving Design Review Committee Permit No. 2003-09. 4. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2003-07, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE TABLE 9.3 REGARDING SECOND STORY SIDE YARD BALCONIES IN RESIDENTIAL ZONES. Recommended Action: That the City Council introduce the Ordinance for first reading by title only, title as follows, and waive further reading, for approval of Zoning Code Amendment No. 2003-07. An Ordinance of the City Council of the City of Cypress, California, Amending Section 9, Division 1, Appendix “A” of the Cypress Zoning Ordinance (Residential Zones), Amending Table 9.3 Regarding Second Story Side Yard Balconies. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Council requests separate action on a specific item. CONSENT CALENDAR (5 - 15) 5. APPROVAL OF MINUTES Meeting of November 10, 2003. Recommended Action: Approve as submitted, with Council Member Piercy abstaining on the minutes due to her absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. November 24, 2003 Page 6 7. CONSIDERATION OF ADOPTION OF RESOLUTION TO SUPPORT THE INTRODUCTION OF THE LEAGUE OF CALIFORNIA CITIES’ SPONSORED STATE BALLOT INITIATIVE RELATED TO APPROPRIATIONS OF LOCAL TAX FUNDS. Recommended Action: That the City Council: 1) Review and discuss the League of California Cities’ request for consideration of support to introduce a proposed statewide ballot initiative aimed at protecting local revenues by limiting the ability of state government to appropriate local tax funds to fund state government; and 2) Consider the adoption of a Resolution by title only, title as follows, supporting a statewide ballot initiative to require voter approval before state government may take local tax funds. A Resolution of the City Council of the City of Cypress, Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. 8. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH THE CALIFORNIA INSURANCE POOL AUTHORITY TO ESTABLISH AND PARTICIPATE IN A WORKERS’ COMPENSATION POOLED PROGRAM. Recommended Action: That the City Council approve and authorize the execution of Amendment No. 1 to the Agreement Among California Insurance Pool Authority Workers’ Compensation Pool Members and California Insurance Pool Authority Establishing CIPA Workers’ Compensation Pool Program. 9. APPROVAL OF AN AGREEMENT WITH THE CITY OF BUENA PARK FOR SHARING THE COST OF IMPROVEMENTS ON LINCOLN AVENUE BETWEEN VALLEY VIEW STREET AND HOLDER STREET, PUBLIC WORKS PROJECT NO. 2003-52. Recommended Action: That the City Council: 1) Approve an agreement with the City of Buena Park for sharing the cost of improvements on the south side of Lincoln Avenue between Valley View Street and Holder Street, which lies within the boundary for Cypress; and 2) Authorize the City Manager to execute and the City Clerk to attest the agreement with the City of Buena Park, subject to the approval of the City Attorney. November 24, 2003 Page 7 10. REJECTION OF BIDS FOR THE PARTIAL ROOF REPLACEMENT AT CYPRESS COMMUNITY CENTER AND CYPRESS SENIOR CENTER, PUBLIC WORKS PROJECT NO. 2003-29. Recommended Action: That the City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation and Park District, reject the bids received on October 29, 2003, for the Partial Roof Replacement at the Cypress Community Center and Cypress Senior Center, Public Works Project No. 2003-29. 11. APPROVAL OF SPECIFICATIONS AND SPECIAL PROVISIONS FOR REMOVAL OF UNDERGROUND STORAGE TANKS AT CITY CORPORATION YARD, PUBLIC WORKS PROJECT NO. 2003-51. Recommended Action: That the City Council: 1) Approve the Specifications and Special Provisions for Removal of Underground Storage Tanks (UST’s) at City Corporation Yard, Public Works Project No. 2003-51; and 2) Authorize staff to solicit bids for the project. 12. AWARD OF CONTRACT FOR CONSTRUCTION OF ENTRY MONUMENT SIGNS ON MEDIAN ISLAND OF VALLEY VIEW STREET, PUBLIC WORKS PROJECT NO. 2001-25. Recommended Action: That the City Council: 1) Authorize the transfer of $25,000 from the City’s General Fund unreserved balance to the Capital Improvement Fund (Fund 15); and 2) Appropriate $25,000 from the fund balance of the Capital Improvement Fund to Account No. 4186- 15-437-27; and 3) Determine Bravo Sign and Design, Inc. to be non- responsive bidder and the bid from Bravo Sign and Design, Inc. to be non-responsive; and 4) Determine the lowest responsible bidder for Public Works Project No. 2001-25 to be L H Engineering, Inc.; and 5) Award a contract for Construction of Entry Monument Signs on Median Island of Valley View Street, Public Works Project No. 2001-25, in the amount of $36,890, to L H Engineering, Inc., 2137 W. Chalet Avenue, Anaheim, CA 92804; and 6) Authorize $3,700 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 13. APPROPRIATION OF FUNDS FOR PURCHASE OF VEHICLE CALMING RADAR/SPEED DISPLAY SIGNS. Recommended Action: That the City Council approve the appropriation of $6,895 from the unreserved fund balance of the General Fund to the November 24, 2003 Page 8 Small Tools and Equipment account number 4113-11-183-05, for the purchase of two (2) Vehicle Calming Radar/Speed Display Signs. 14. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2003. Recommended Action: That the City Council receive and file the Investment Report for the month of October, 2003. 15. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 62130 THROUGH 62343. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS No items. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. November 24, 2003 Page 9 CYPRESS REDEVELOPMENT AGENCY MATTERS (16 - 17) The Cypress City Council, Acting as the Cypress Redevelopment Agency. ***Reconvene the 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 Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR: 16. APPROVAL OF AFFORDABLE HOUSING AGREEMENT FOR THE PROVISION OF FIVE (5) AFFORDABLE UNITS IN A 13-UNIT TOWNHOME PROJECT LOCATED AT 5231 LINCOLN AVENUE. Recommended Action: That the Cypress Redevelopment Agency Board approve the Affordable Housing Agreement and authorize the execution of the Agreement by the Agency Chair. 17. AWARD OF CONTRACT FOR CONSULTANT SERVICES FOR REDEVELOPMENT PLAN MERGER/AMENDMENT SERVICES. Recommended Action: That the Cypress Redevelopment Agency Board approve the Contract Services Agreement with the Rosenow Spevacek Group (RSG) for the provision of comprehensive Redevelopment Plan Merger/Amendment services and authorize the execution of the Agreement by the Agency’s Executive Director or his designee. 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 November 24, 2003 Page 10 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 of the Cypress City Council and the Cypress Redevelopment Agency. The next meeting will be a Regular Meeting, to be held on Monday, December 8, 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 20day of November, 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, NOVEMBER 21, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.