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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.