Agenda 2004-07-26
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JULY 26, 2004
5:30 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 5:30 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 26, 2004 Page 2
***Recess the meeting to Closed Session.
CLOSED SESSIONCITY OF CYPRESS ITEMS:
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (a)
Tatman v. City of Cypress, et al.
Case Number SACV 03-140 GLT MLGx
United States District Court – Central District of California
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
JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY
CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Pursuant to 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 26, 2004 Page 3
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS PRESENT CERTIFICATES OF APPRECIATION TO ALL
OUTGOING COMMISSIONERS:
Recreation & Community Services Commission
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·Ann Fowler
·Bill Woodson
Senior Citizens Commission
?
·William Fifield
Non-Conforming Uses Hearing Board
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·Eric Buesing
·Mario Guardi
·Greg Patchen
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.
PUBLIC HEARINGS
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By
The City Council and/or the Cypress Redevelopment Agency.
July 26, 2004 Page 4
No items.
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 (1 - 8)
1. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
2. AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO.
2003-02, A REQUEST TO MODIFY ON-SITE IMPROVEMENTS
AND THE LOCATION OF A TRAFFIC SIGNAL FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF KATELLA
AVENUE AND LEXINGTON DRIVE.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, approving the Amendment
to Design Review Committee Permit No. 2003-02, subject to the
conditions attached in Exhibit “A” of the Resolution.
A Resolution of the City Council of the City of Cypress,
Approving an Amendment to Design Review Committee Permit
No. 2003-02 – With A Condition.
3. ADOPTION OF RESOLUTION TO APPROVE CITY INITIATED BALLOT
MEASURES FOR THE GENERAL MUNICIPAL ELECTION OF
NOVEMBER 2, 2004.
Recommended Action: That the City Council: 1) Approve the submittal
of the proposed City-initiated Charter Amendments; and 2) Adopt the
Resolution by title only, title as follows, ordering the submission to the
qualified electors of the city of certain measures relating to the
appointments of the City Clerk and City Treasurer; the use of design-
build contracts; the requests for proposals for certain Maintenance
contracts; and the title and duties of the Community Development
Director, at the General Election to be held on Tuesday, November 2,
2004, as called by Resolution No. 5776.
A Resolution of the City Council of the City of Cypress, California,
Ordering the Submission to the Qualified Electors of the City of Certain
Measures Relating to the Appointments of the City Clerk and the City
Treasurer; the Use of Design-Build Contracts; the Requests for
Proposals for Certain Maintenance Contracts; and the Title and Duties of
July 26, 2004 Page 5
the Community Development Director, at the General Election to be Held
on Tuesday, November 2, 2004, as Called by Resolution No. 5776.
4. ADOPTION OF RESOLUTION AUTHORIZING THE LEVY OF A
SPECIAL TAX FOR FISCAL YEAR 2004-05 WITHIN COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF
CYPRESS.
Recommended Action: That the City Council, acting as the legislative
body of Community Facilities District No. 1 (Sorrento Homes): 1) Adopt
the Resolution by title only, title as follows, authorizing the levy of a
special tax for fiscal year 2004-05 within the District; and 2) Authorize the
Mayor to sign the Proposition 218 Certification.
A Resolution of the City Council of the City of Cypress, California,
Acting as the Legislative Body of Community Facilities District No. 1
(Sorrento Homes) of the City of Cypress, California, Authorizing the Levy
of a Special Tax for Fiscal Year 2004-05 Within Such Community
Facilities District.
5. APPROVAL OF RENEWAL OF WATER QUALITY ORDINANCE
IMPLEMENTATION AGREEMENT.
Recommended Action: That the City Council approve the renewal of the
agreement between the City of Cypress and the Orange County Flood
District, authorizing the Orange County Flood Control District to perform
authorized inspection services for the City on an as needed basis as part
of the City’s enforcement of the Water Quality Ordinance.
6. ACCEPTANCE OF $1,000 DONATION FOR THE POLICE CANINE
UNIT.
Recommended Action: That the City Council: 1) Accept the donation in
the amount of $1,000, and increase estimated revenues (3713-11;
Donations) in the General Fund; and 2) Appropriate $1,000 from the
unreserved fund balance of the General Fund to account 4165-11-163-
05 (Canine Operation).
7. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
JUNE, 2004.
Recommended Action: That the City Council receive and file the
Investment Report for the month of June, 2004.
8. APPROVAL OF COMMERCIAL WARRANT LISTS FOR
WARRANTS NO. 65501 THROUGH 65761.
July 26, 2004 Page 6
Recommended Action: That the City Council approve the attached
warrant registers.
END OF CONSENT CALENDAR
UNFINISHED BUSINESS (9)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By
The City Council and/or the Cypress Redevelopment Agency.
9. PUBLIC HEARING REGARDING THE CONTINUED CONSIDERATION
OF 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: 1) Adopt a Finding of De
Minimis Impact, adopt the Mitigated Negative Declaration (Attachment
D), and adopt the Mitigation Monitoring Program (Attachment E) in
accordance with the requirements of the California Environmental
Quality Act (CEQA); and 2) 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.
NEW BUSINESS (10-11)
10. APPOINTMENT OF CITY COUNCIL MEMBERS TO WEST-COMM
JOINT COMMUNICATIONS CENTER EXECUTIVE BOARD.
Recommended Action: That the City Council confirm the Mayor’s
appointments to the West-Comm Joint Communications Center
Executive Board.
July 26, 2004 Page 7
11. APPROVAL OF CITY COUNCIL COMPENSATION INCREASE.
Recommended Action: That the City Council, and acting as the ex-
officio governing Board of Directors of the Cypress Recreation and Park
District, approve the first reading of the Ordinance by title only, title as
follows, amending Section 2-3.3(b) of the Code of the City of Cypress,
adjusting Council compensation by a 5% cost of living increase.
An Ordinance of the City Council of the City of Cypress, and
Acting as Ex-Officio Board of Directors of the Cypress Recreation and
Park District, Amending Section 2-3.3(b) of the Code of the City of
Cypress, Adjusting Council Compensation by a 5% Cost of Living
Increase.
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.
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
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Reports on Committee Assignments
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Other Items
July 26, 2004 Page 8
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, August 9, 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
nd
than 72 hours prior to the meeting. Dated this 22day 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
THE OFFICE OF THE CITY CLERK AT (714) 229-6683. NOTIFICATION BY NOON ON
FRIDAY, JULY 23, 2004, WILL ENABLE THE CITY TO MAKE REASONABLE
ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.