Agenda 2003-12-08
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, DECEMBER 8, 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/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
***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.
December 8, 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 Number 262-471-39;
Consisting of an Approximately 22,500 Square Foot Parcel
Located on the East Side of Walker Street, North of
Danny Avenue, in the Lincoln Avenue Redevelopment
Project Area
Negotiating Party: Executive Director, Deputy Executive
Director, and Agency Counsel
Under negotiation: Price and Terms of Payment
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)
December 8, 2003 Page 3
Number of cases: Two
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCECypress Boy Scout Troop #1506
INVOCATION Cypress Police Chaplain Jerry Shumard
CITY COUNCIL ELECTION OF MAYOR AND MAYOR PRO TEM
REORGANIZATION
PRESENTATIONS PRESENTATION OF MAYOR’S PLAQUE TO
OUTGOING MAYOR FRANK McCOY
RECESS
RECONVENE
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.
December 8, 2003 Page 4
PUBLIC HEARINGS (1 - 5)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By
The City Council and/or the Cypress Redevelopment Agency.
1. PUBLIC HEARING REGARDING DESIGN REVIEW COMMITTEE NO.
2003-08 AND TENTATIVE TRACT MAP NO. 16555, A REQUEST TO
SUBDIVIDE A SINGLE PARCEL INTO TEN (10) SEPARATE PARCELS
AND CONSTRUCT TEN (10) SINGLE-FAMILY HOMES ON THE
PROPERTY LOCATED AT 4891 CERRITOS AVENUE WITHIN THE RS-
6,000 RESIDENTIAL SINGLE-FAMILY ZONE.
Recommended Action: That the City Council: 1) Adopt a Finding of De
Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the
Mitigation Monitoring Program in accordance with the requirements of
the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolutions by title only, titles as follows, approving Design Review
Committee Permit No. 2003-08, with conditions, and approving Tentative
Tract Map No. 16555, with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit No. 2003-08 –
With Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 16555 – With Conditions.
2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2003-15 AND TENTATIVE TRACT MAP NO. 16591, A REQUEST TO
APPROVE A ONE-LOT SUBDIVISION AND CONSTRUCT SEVEN (7)
CONDOMINIUMS ON THE PROPERTY LOCATED AT 4761 LINCOLN
AVENUE WITHIN THE PC PLANNED COMMUNITY ZONE, LINCOLN
AVENUE SPECIFIC PLAN AREA.
Recommended Action: That the City Council: 1) Adopt a Finding of De
Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the
Mitigation Monitoring Program in accordance with the requirements of
the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolutions by title only, titles as follows, approving Conditional Use
Permit No. 2003-15, with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2003-15 – With Conditions.
A Resolution of the City Council of the City of Cypress,
December 8, 2003 Page 5
Approving Tentative Tract Map No. 16591 – With Conditions.
3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2003-13, A REQUEST TO OPERATE A FULL-SERVICE DRY-
CLEANING BUSINESS LOCATED AT 4760 LINCOLN AVENUE WITHIN
THE PC PLANNED COMMUNITY ZONE.
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Conditional Use Permit No. 2003-13
– with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2003-13 – With Conditions.
4. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2003-14, A REQUEST TO OPERATE A WEIGHT LOSS AND FITNESS
CENTER AT 4167 BALL ROAD WITHIN THE CG-10,000 COMMERCIAL
GENERAL ZONE.
Recommended Action: That the City Council: 1) Adopt the Resolution
by title only, title as follows, approving Conditional Use Permit No. 2003-
14, with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2003-14 – With Conditions.
5. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO.
2003-08, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE
TABLE 25.7(A) REGARDING PARKING STANDARDS FOR TAKE-OUT
OR LIMITED SEATING RESTAURANTS.
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. 2003-08.
An Ordinance of the City Council of the City of Cypress,
California, Amending Section 25, Appendix “A” of the Cypress Zoning
Ordinance (Signs), Amending Table 25.7(A) of the Cypress Zoning
Ordinance Regarding Parking Requirements for Restaurant Uses.
December 8, 2003 Page 6
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 (6 - 13)
6. APPROVAL OF MINUTES
Meeting of November 24, 2003.
Recommended Action: Approve as submitted.
7. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
8. ACCEPTANCE OF FISCAL YEAR 2002-2003 ANNUAL REPORT FOR
THE CYPRESS REDEVELOPMENT AGENCY.
Recommended Action: That the City Council accept and direct staff to
file the Fiscal Year 2002-2003 Annual Report of the Cypress
Redevelopment Agency with the State Department of Housing and
Community Development by December 31, 2003.
9. APPROVAL OF PAYMENT TO PACIFIC BELL FOR
UNDERGROUNDING OF UTILITY LINES ALONG MOODY STREET
BETWEEN LINCOLN AVENUE AND CAMP STREET, PUBLIC WORKS
PROJECT NO. 2003-48.
Recommended Action: That the City Council: 1) Authorize an
appropriation in the amount of $68,000 from the fund balance of Gas
Tax, Section 2106 Fund (22) to Account No. 4186-22-493-21; and
2) Approve payment in the amount of $67,508.28 to SBC Pacific Bell for
undergrounding of utility lines on Moody Street between Lincoln Avenue
and Camp Street; and 3) Authorize the Public Works Director to execute
the application for the undergrounding work.
December 8, 2003 Page 7
10. APPROVAL OF AN APPROPRIATION OF FUNDS FROM THE URBAN
WATER RUNOFF GRANT FUND FOR THE PURCHASE OF CATCH
BASIN FILTERS.
Recommended Action: That the City Council approve an appropriation
of $15,000 from the Unreserved General Fund Balance to Account No.
4104-11-218-08, Special Activity Supplies, and increase the Estimated
Revenues (3525-11) by $15,000 for Urban Water Runoff Grant Fund
proceeds for the purchase and installation of catch basin filters.
11. APPROVAL OF APPROPRIATION OF FUNDS FOR TERMITE
FUMIGATION OF THE CYPRESS COMMUNITY CENTER.
Recommended Action: That the City Council approve an appropriation
of $15,680 from the Unreserved Fund Balance of the General Fund to
Account No. 4187-11-232-08, Community Center Building Maintenance-
Other Contractual Services Private, to provide for the fumigation of the
Cypress Community Center.
12. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS)
TRAFFIC GRANT.
Recommended Action: That the City Council: 1) Accept the Office of
Traffic Safety (OTS) Grant; and 2) Increase estimated revenues
(3525-11-Grants) in the General Fund for the grant total of $14,740; and
3) Approve appropriations in the amount of $14,740 from the fund
balance of the General Fund to Account No. 4003-11-184-05
(Overtime).
13. APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 62344 THROUGH 62557.
Recommended Action: That the City Council approve the attached
warrant register.
END OF CONSENT CALENDAR
December 8, 2003 Page 8
ORDINANCES: (SECOND READING) (14 - 16)
14. SECOND READING OF ORDINANCE ADOPTING ZONE CHANGE NO.
2003-01, A REQUEST TO CHANGE THE ZONING DESIGNATION OF
THE PROPERTY LOCATED AT 5532 CAMP STREET FROM CG
COMMERCIAL GENERAL TO RS-6,000.
Recommended Action: That the City Council adopt the Ordinance 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 5532 Camp Street from CG Commercial General to RS-6,000
Residential Single-Family.
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.
15. SECOND READING OF ORDINANCE ADOPTING ZONING
ORDINANCE AMENDMENT NO. 2003-06, A PROPOSAL TO AMEND
THE CYPRESS CITY CODE REGARDING SIGNS IN SPECIAL
PURPOSE ZONES.
Recommended Action: That the City Council adopt the Ordinance by
title only, title as follows, and waive further reading, amending Section
29, Appendix “A” of the Cypress Zoning Ordinance (Signs), amending
Section 29.17.D regarding signs in special purpose zones.
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.
December 8, 2003 Page 9
16. SECOND READING OF ZONING ORDINANCE AMENDMENT NO.
2003-07, A PROPOSAL TO AMEND THE CYPRESS CITY CODE
REGARDING SECOND STORY SIDE YARD BALCONIES IN
RESIDENTIAL ZONES.
Recommended Action: That the City Council adopt the Ordinance by
title only, title as follows, and waive further reading, adopting Zoning
Ordinance Amendment No. 2003-07, amending Section 9, Division 1,
Appendix “A” of the Cypress Zoning Ordinance (Residential Zones),
amending Table 9.3 regarding second story side yard balconies.
An Ordinance of the City Council of the City of Cypress,
Amending Section 9, Division 1, Appendix “A” of the Cypress Zoning
Ordinance (Residential Zones), Amending Table 9.3 Regarding Second
Story Side Yard Balconies.
UNFINISHED BUSINESS
No items.
NEW BUSINESS (17 - 18)
17. 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.
18. REAPPOINTMENT OF CITY’S REPRESENTATIVE TO THE ORANGE
COUNTY VECTOR CONTROL DISTRICT.
Recommended Action: That the City Council consider the
reappointment of Sandra Montez to the Orange County Vector Control
District for either a two or four year term of office.
RECREATION & PARK DISTRICT MATTERS
December 8, 2003 Page 10
The Cypress City Council, Acting as the Ex-Officio Governing Board of
Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTERS (19)
The Cypress City Council, Acting as the Cypress Redevelopment Agency.
***Reconvene the Cypress Redevelopment Agency.
NEW BUSINESS:
19. 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, 2004.
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
of the Cypress City Council and the Cypress Redevelopment Agency. The
next meeting will be a Regular Meeting, to be held on Monday, January 9, 2004, beginning at
5:30 p.m. in the Executive Board Room.
The second Regular Meeting in December scheduled for December 22, 2003, as per Section
2-1 of the Cypress Municipal Code, will not be held.
December 8, 2003 Page 11
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 4day of December, 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, DECEMBER 5, 2003, WILL ENABLE THE CITY TO MAKE REASONABLE
ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.