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Agenda 2004-07-12 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JULY 12, 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/EDUCATION CENTER 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. July 12, 2004 Page 2 WORKSHOP SESSION ITEMS FOR DISCUSSION: DISCUSSION REGARDING CITY OF CYPRESS RECOGNITION PROCEDURE 2004 CYPRESS ZONING CODE PROJECT UPDATE ***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 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 RECONVENE 7:00 P.M. BOARD ROOM/EDUCATION CENTER CYPRESS SCHOOL DISTRICT 9470 Moody Street, Cypress, CA 90630 July 12, 2004 Page 3 PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENT CERTIFICATES OF APPOINTMENT TO ALL NEWLY-APPOINTED COMMISSIONERS AND ADMINISTER LOYALTY OATH OF OFFICE Recreation & Community Services Commission Senior Citizens Commission Non-Conforming Uses Hearing Board PRESENT CERTIFICATE OF SPECIAL RECOGNITION to T. Pat Cavanaugh, , Recognizing News-Enterprise 7 Years of Dedicated Newspaper Publication Service in the City of Cypress 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. July 12, 2004 Page 4 PUBLIC HEARINGS (1 - 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-15, A REQUEST BY MARRIOTT RESIDENCE INN TO INCREASE LONG TERM OCCUPANCY STAYS ON SITE FROM 15% TO 25% IN COMPLIANCE WITH SECTION 19.41.C (RESTRICTIONS ON LONG TERM OCCUPANCY) AND SECTION 41, APPENDIX “A” OF THE CYPRESS ZONING ORDINANCE (DEFINITIONS) ON PROPERTY LOCATED AT 4931 KATELLA AVENUE IN THE PBP ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving an amendment to Conditional Use Permit No. 2000-15 – with conditions. A Resolution of the City Council of the City of Cypress, Approving an Amendment to Conditional Use Permit No. 2000-15 – With Conditions. 2. PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-17, A REQUEST TO EXPAND AN EXISTING GASOLINE SERVICE STATION AND MINI-MARKET BY ADDING OFFICE AREA AND A SELF-SERVICE, ENCLOSED, AUTOMATED CAR WASH LOCATED AT 5999 CERRITOS AVENUE IN THE CG- 10,000 COMMERCIAL GENERAL ZONE. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving an amendment to Conditional Use Permit No. 96-17 – with conditions. A Resolution of the City Council of the City of Cypress, Approving an Amendment to Conditional Use Permit No. 96-17 – With Conditions. July 12, 2004 Page 5 3. PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2004-05, CITY OF CYPRESS PROJECT NO. 8615-90. 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, California, Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2004-05, Pursuant to the Landscaping and Lighting Act of 1972, and Confirming the Diagram and Assessment Thereof. 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 (4 - 13) 4. APPROVAL OF MINUTES Meeting of June 28, 2004. Recommended Action: Approve as submitted, with Council Member Piercy abstaining on the minutes of June 28, 2004, due to her absence from the meeting. 5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6. DESIGN REVIEW COMMITTEE PERMIT NO. 2004-08, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE CYPRESS BUSINESS CENTER INDUSTRIAL DEVELOPMENT LOCATED AT 10810-10880 WALKER STREET. Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2004-08 – with conditions. July 12, 2004 Page 6 A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2004-08 – With Conditions. 7. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF ORANGE PERTAINING TO SEX OFFENDER PIN MAP. Recommended Action: That the City Council approve the Memorandum of Understanding between the City of Cypress and the County of Orange Pertaining to Sex Offender Pin Map. 8. ACCEPTANCE OF THE DONATION OF ONE (1) 1991 FORD ARMORED VEHICLE FROM THE CITY OF ANAHEIM. Recommended Action: That the City Council formally accept the donation of one (1) 1991 Ford armored vehicle from the City of Anaheim. 9. AMENDMENT TO THE CITY’S POSITION CLASSIFICATION PLAN ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF MAINTENANCE WORKER. 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 class specification for the regular full-time position of Maintenance Worker. 10. ACCEPTANCE OF REHABILITATION OF TANGLEWOOD ALLEYS, PHASE 2, PUBLIC WORKS PROJECT NO. 2003-45. Recommended Action: That the City Council: 1) Accept the project for Rehabilitation of Tanglewood Alleys, Phase 2, Public Works Project No. 2003-45, as being satisfactorily completed in substantial conformance with the project specifications, in the final amount of $406,514.98; and 2) Approve the final retention payment of $40,651.50 to Orion Contracting, 806 E. Avenida Pico, Suite I-337, San Clemente, California 92673, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) 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 Acting Director of Public Works. 11. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 65310 THROUGH 65500. July 12, 2004 Page 7 Recommended Action: That the City Council approve the attached warrant registers. Recreation & Park District Matters: 12. APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 8 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR A ONE-YEAR PERIOD, JULY 1, 2004 THROUGH JUNE 30, 2005. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve Amendment No. 8 to Agreement No. C-8-0189 with the Orange County Transportation Authority extending the term of the Agreement for one (1) year, July 1, 2004, to June 30, 2005, with a decrease to the per hour vehicle service from $10.75 to $9.31 and no change to the terms and conditions of the Agreement. 13. DONATION OF COMMUNITY CENTER KILN. Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the donation of the kiln located at the Community Center to Cypress High School. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) (14 - 15) 14. SECOND READING OF ORDINANCE AMENDING SECTION 29.31 OF THE CYPRESS ZONING ORDINANCE RELATING TO THE REGULATION OF POLITICAL CAMPAIGN SIGNS. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, and waive further reading, amending Section 29.31 of the Cypress Zoning Ordinance relating to the regulation of political campaign signs. An Ordinance of the City Council of the City of Cypress, California, Amending Section 29.31 of the Cypress Zoning Ordinance Relating to the Regulation of Political Campaign Signs. July 12, 2004 Page 8 15. SECOND READING OF ORDINANCE AMENDING THE CODE OF THE CITY OF CYPRESS BY ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY. Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, and waive further reading, amending the Cypress Municipal Code by establishing a filing fee for candidates for elective An Ordinance of the City Council of the City of Cypress, California, Amending the Code of the City of Cypress by Establishing a Filing Fee for Candidates for Elective Offices of Said City. 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. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. July 12, 2004 Page 9 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, July 26, 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. 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 8day of July, 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 July 12, 2004 Page 10 THE OFFICE OF THE CITY CLERK AT (714) 229-6683. NOTIFICATION BY NOON ON FRIDAY, JULY 9, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.