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Agenda 2004-04-26 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, APRIL 26, 2004 5:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. WORKSHOP SESSION/CLOSED SESSION EXECUTIVE BOARD ROOM CYPRESS CITY HALL 5275 Orange Avenue CYPRESS, CALIFORNIA REGULAR MEETING BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street CYPRESS, CALIFORNIA CALL TO ORDER 5:00 P.M. Executive Board Room ROLL CALL MAYOR/AGENCY CHAIR TIM KEENAN MAYOR PRO TEM/AGENCY VICE CHAIR ANNA L. PIERCY COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER LYDIA SONDHI 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 26, 2004 Page 2 WORKSHOP OPEN FORUM DISCUSSION AND UPDATE SESSION REGARDING CURRENT PROJECTS AND/OR ISSUES WITH SUPERVISOR JAMES SILVA, ND 2 DISTRICT, VICE-CHAIRMAN, COUNTY OF ORANGE, BOARD OF SUPERVISORS ***Recess the meeting to Closed Session. CLOSED SESSIONCYPRESS 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 – EXISTING LITIGATION (Government Code Section 54956.9(a) Jay Tatman v. City of Cypress, et al. Case Number SACV03-140 GLT (MLGx) United States District Court, Central District of California 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) City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et al. Case Number 04CC00136 Orange County Superior Court – Civil Complex Center April 26, 2004 Page 3 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) Number of cases: One RECONVENE 7:00 P.M. BOARD ROOM CYPRESS SCHOOL DISTRICT 9470 Moody Street, Cypress, CA 90630 PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENTATION BY ASSEMBLYMAN TOM HARMAN, th 67 DISTRICT, REGARDING UPDATE OF CURRENT STATEWIDE ISSUES 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. April 26, 2004 Page 4 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 CONDITIONAL USE PERMIT NO. 2004-01/TENTATIVE TRACT MAP NO. 16671, A REQUEST TO CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5442 CAMP STREET IN THE RM-20 RESIDENTIAL MULTIPLE 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 Resolution by title only, title as follows, approving Conditional Use Permit No. 2004-01 and Tentative Tract Map No. 16671 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2004-01 – With Conditions. 2. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2004-02, AMENDING SECTION 19, APPENDIX “A” OF THE CYPRESS ZONING ORDINANCE (SPECIAL USE STANDARDS), AMENDING SECTION 19.41.C (RESTRICTIONS ON LONG TERM OCCUPANCY) AND SECTION 41, APPENDIX “A” OF THE CYPRESS ZONING ORDINANCE (DEFINITIONS) BY ADDING A NEW DEFINITION – HOTEL (LONG TERM STAY). Recommended Action: That the City Council introduce the Ordinance by title only, title as follows, and waive the first reading, approving Zoning Code Amendment No. 2004-02. An Ordinance of the City Council of the City of Cypress, Amending Section 19, Appendix “A” of the Cypress Zoning Ordinance (Special Use Standards), by Adding a New Subsection 19.41.C (Restrictions on Long Term Occupancy) and Section 41, Appendix “A” of the Cypress Zoning Ordinance (Definitions) By Adding a New Definition (Hotel – Long Term Stay). April 26, 2004 Page 5 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 (3 - 13) 3. APPROVAL OF MINUTES Meeting of April 12, 2004. Recommended Action: Approve as submitted, with Council Member Sondhi abstaining due to her absence from the meeting. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE MONTH OF APRIL, 2004, AS “NATIONAL DONATE LIFE MONTH” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the month of April, 2004, as “National Donate Life Month” in the City of Cypress. 6. PROCLAIMING MAY 1, 2004, AS “CHILDREN’S DAY” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim May 1, 2004, as “Children’s Day” in the City of Cypress. 7. PROCLAIMING THE WEEK OF MAY 9-15, 2004, AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS. Recommended Action: That the Mayor and City Council officially proclaim the week of May 9-15, 2004, as “National Police Week” in the City of Cypress. 8. 2004-2005 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY FINDING. April 26, 2004 Page 6 Recommended Action: That the City Council make the finding that the 2004-2005 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). 9. ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION’S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. A Resolution of the City Council of the City of Cypress, Authorizing Submittal of Funding Request to the Department of Conservation’s Division of Recycling Pursuant to the California Beverage Container Recycling and Litter Reduction Act. 10. ADOPTION OF THE 2004-2011 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND RECREATION AND PARK DISTRICT. Recommended Action: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2004-2011. 11. DONATION OF SURPLUS PHOTOGRAPHY EQUIPMENT. Recommended Action: That the City Council approve the donation of surplus photography equipment from Cypress Police Department’s photography lab to Cypress Community College’s Photography Department. 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2004. Recommended Action: That the City Council receive and file the Investment Report for the month of March, 2004. 13. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 64309 THROUGH 64503. April 26, 2004 Page 7 Recommended Action: That the City Council approve the attached warrant registers. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (14) 14. SECOND READING OF ORDINANCE AMENDING THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT, THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT, AND THE LINCOLN AVENUE REDEVELOPMENT PROJECT, PURSUANT TO SENATE BILL 1045. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending the Redevelopment Plans for the Civic Center Redevelopment Project, the Los Alamitos Race Track and Golf Course Redevelopment Project, and the Lincoln Avenue Redevelopment Project, pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). An Ordinance of the City Council of the City of Cypress, California, Amending the RedevelopmentPlans for the Civic Center Redevelopment Project, the Los Alamitos Race Track and Golf Course Redevelopment Project, and the Lincoln Avenue Redevelopment Project, pursuant to Senate Bill 1045 as codified in Health and Safety Code Section 33333.6(e)(2)(C). . 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. April 26, 2004 Page 8 No items. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. 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 Special Meeting, to be held on Monday, May 3, 2004, beginning at 5:00 p.m. in the Executive Board Room. PLEASE NOTE: Due to the renovation of the Cypress Council Chamber, the City Council will be holding all regularly scheduled City Council meetings at the Cypress School District Board Room, 9470 Moody Street, Cypress, effective with the February 23, 2004 City Council meeting. All scheduled Workshop Sessions and Special Meetings will continue to be held in the Executive Board Room at City Hall, and all regular meetings of the City Council on the second and fourth Mondays of each month will commence at 7:00 p.m. at the Cypress School District Board Room until further notice, and will not be broadcast on Cypress Channel 36. April 26, 2004 Page 9 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 nd than 72 hours prior to the meeting. Dated this 22day of April, 2004. ________________________________ Jill R. 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 23, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.