Agenda 2005-05-09
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, MAY 9, 2005
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.
Council Chambers
ROLL CALL MAYOR/AGENCY CHAIR MIKE McGILL
MAYOR PRO TEM/AGENCY VICE CHAIR LYDIA SONDHI
COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN
COUNCILMEMBER/BOARD MEMBER FRANK McCOY
COUNCILMEMBER/BOARD MEMBER TODD SEYMORE
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, 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.
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.
May 9, 2005 Page 2
***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 as the 1.807 Acre Agency
Parcel Located at the Northwest Corner of Walker
Street and Katella Avenue, and the 1.254 Acre
Agency Parcel Located at the Northeast Corner of
Katella Avenue and Winners Circle 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 LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency negotiators: Richard Storey and
William W. Wynder
Employee Groups:
Cypress Police Management Association
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: City Manager
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Kathy L. Bajamundi v. City of Cypress, et al.
Case Number 04CC09316
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(b)
Number of cases: One
May 9, 2005 Page 3
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
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. The
SPEAKER’S CARD 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.
May 9, 2005 Page 4
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 CONDITIONAL USE
PERMIT NO. 2005-03 AND TENTATIVE PARCEL MAP NO.
2005-124, A REQUEST TO CREATE A SINGLE-LOT
SUBDIVISION, AND TO CONSTRUCT TWO (2)
CONDOMINIUM UNITS LOCATED AT 8721 MOODY
STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE-
FAMILY ZONE.
Recommendation: That the City Council adopt the
Resolutions by title only, titles as follows, and waive further
reading, approving Conditional Use Permit No. 2005-03 – with
conditions, and approving Tentative Parcel Map No. 2005-124
– with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2005-03 – With
Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Tentative Parcel Map No. 2005-124 – With
Conditions.
2. PUBLIC HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2005-06, A REQUEST TO ALLOW FAST-
FOOD RESTAURANT WITH DRIVE-THROUGH SERVICE
AND AN OUTDOOR DINING AREA, LOCATED AT 10501
KNOTT AVENUE IN THE CN COMMERCIAL
NEIGHBORHOOD ZONE.
Recommendation: That the City Council adopt the Resolution
by title only, title as follows, and waive further reading,
approving Conditional Use Permit No. 2005-06 – with
conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2005-06 – With
Conditions.
May 9, 2005 Page 5
3. PUBLIC HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2005-07, A REQUEST TO ADD A TWO-STORY
GUEST DWELLING UNIT ONTO A PREVIOUSLY
APPROVED DETACHED GARAGE LOCATED AT 5422
NELSON STREET IN THE RM-20 RESIDENTIAL MULTIPLE-
FAMILY ZONE.
Recommendation: That the City Council adopt the Resolution
by title only, title as follows, and waive further reading,
approving Conditional Use Permit No. 2005-07 – with
conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2005-07 – With
Conditions.
4. PUBLIC HEARING REGARDING CONDITIONAL USE
PERMIT NO. 2005-05 AND TENTATIVE TRACT MAP NO.
16864, A REQUEST TO CONSTRUCT THREE (3)
ATTACHED CONDOMINIUM UNITS ON THE PROPERTY
LOCATED AT 8552 LA SALLE STREET IN THE RM-20
RESIDENTIAL MULTIPLE-FAMILY ZONE.
Recommendation: That the City Council adopt the
Resolutions by title only, titles as follows, and waive further
reading, approving Conditional Use Permit No. 2005-05 – with
conditions, and approving Tentative Tract Map No. 16864 –
with conditions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2005-05 – With
Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 16864 – With Conditions.
May 9, 2005 Page 6
CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendars (Council and Redevelopment
Agency) are to be approved with one motion unless a member of the
Council/Redevelopment Agency requests separate action on a specific item.
CONSENT CALENDAR (5 - 11)
5. APPROVAL OF MINUTES
Meeting of April 25, 2005.
Recommended Action: Approve as submitted.
6. MOTION TO INTRODUCE AND/OR ADOPT ALL
ORDINANCES AND RESOLUTIONS PRESENTED FOR
CONSIDERATION BY TITLE ONLY AND TO WAIVE
FURTHER READING.
7. PROCLAIMING THE MONTH OF MAY, 2005, AS “MENTAL
HEALTH MONTH” IN THE CITY OF CYPRESS.
Recommended Action: That the Mayor and City Council
officially proclaim the month of May, 2005, as “Mental Health
Month” in the City of Cypress.
8. ADOPTION OF RESOLUTION EXPRESSING SUPPORT
FOR AB 1222; AB 888; AND SB 459 RELATING TO
LOCOMOTIVE AND RAIL YARD EMISSIONS.
Recommended Action: That the City Council consider the
adoption of a Resolution by title only, title as follows,
expressing support for AB 1222; AB 888; and SB 459 relating
to locomotive and rail yard emissions.
A Resolution of the City Council of the City of Cypress,
Expressing Support for Assembly Bill 1222 (Jones); Assembly
Bill 888 (De La Torre); and Senate Bill 459 (Romero), Which
Would Enact Locomotive and Rail Yard Emissions Reduction
and Mitigation Programs, A Remote Sensing Program, and
Call Upon U.S. EPA to Further Limit Locomotive Emissions.
May 9, 2005 Page 7
9. AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR
2005-2006.
Recommended Action: That the City Council adopt the
Resolution by title only, title as follows, approving the City’s
participation in the Urban Counties Program for the
expenditure of Community Development Block Grant (CDBG)
funds, and authorize the Mayor, City Manager, Community
Development Director, and/or their designees to execute the
three associated contracts, and all other documents and
instruments required by the County of Orange and/or the
Federal Department of Housing and Urban Development
(HUD) for participation in the Urban Counties Program, on
behalf of the City Council.
A Resolution of the City Council of the City of Cypress,
Authorizing the Execution of Three Contracts for the Award of
Community Development Block Grant (CDBG) Funds
Through the County of Orange for the Program Year
Spanning July 1, 2005 Through June 30, 2006.
10. SELECTION OF THE CITY’S AUDITORS AND APPROVAL
OF AN AWARD OF A THREE YEAR CONTRACT FOR
AUDIT SERVICES TO CAPORICCI & LARSON, LLP FOR
THE FISCAL YEARS ENDED JUNE 30, 2005 THROUGH
JUNE 30, 2007.
Recommended Action: That the City Council select the firm
of Caporicci & Larson, LLP as the City’s auditors and approve
the three year award of contract for the fiscal years ended
June 30, 2005 through June 30, 2007 with an option to
extend the contract for an additional two-year term.
11. APPROVAL OF COMMERCIAL WARRANT LIST FOR
WARRANTS NO. 69808 THROUGH 70054.
Recommended Action: Approve the attached warrant
register.
Recreation & Park District Matters:
May 9, 2005 Page 8
No items.
END OF CONSENT CALENDAR
ORDINANCES (SECOND READING)
No items.
UNFINISHED BUSINESS (12)
12. CONTINUED CONSIDERATION OF THE ONE-YEAR
REVIEW FOR COMPLIANCE WITH THE AMENDED
CONDITIONAL USE PERMIT NO. 77-9, AN EXPANDED
BILLIARD HALL AND CAFÉ USE WITH ONSALE BEER AND
WINE, LOCATED AT 6285-6289 BALL ROAD IN THE CG-
10,000 COMMERCIAL GENERAL ZONE.
Recommendation: That the City Council adopt the Resolution
by title only, title as follows, and waive further reading,
approving an amendment to Condition No. 11 of the
Amended Conditional Use Permit No. 77-9.
A Resolution of the City Council of the City of Cypress,
Approving an Amendment to Condition No. 11 of the
Amended Conditional Use Permit No. 77-9.
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
May 9, 2005 Page 9
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
The next meeting will be a Special Meeting, to be held on Monday, May 16, 2005,
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 than 72 hours prior to the meeting. Dated this
th
4 day of May, 2005.
________________________________
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, MAY 6, 2005, WILL ENABLE THE CITY
May 9, 2005 Page 10
TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO
THIS MEETING.