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Agenda 2006-05-08 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, MAY 8, 2006 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 LYDIA SONDHI MAYOR PRO TEM/AGENCY VICE CHAIR PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER FRANK McCOY COUNCILMEMBER/BOARD MEMBER MIKE McGILL COUNCILMEMBER/BOARD MEMBER TODD SEYMORE ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency negotiators: David Norman, David Belmer Employee Groups: Cypress Police Management Association 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 8, 2006 Page 2 Cypress Police Officers Association 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 8, 2006 Page 3 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 GENERAL PLAN AMENDMENT NO. 2006-01 AND ZONE CHANGE NO. 2006-01, A REQUEST BY PROPERTY OWNER/PETITIONERS ALONG KAREN AVENUE WITHIN THE DENSITY INCENTIVE (DI) ZONING DESIGNATION, TO CHANGE THE GENERAL PLAN DESIGNATION FROM MEDIUM DENSITY TO LOW DENSITY RESIDENTIAL AND TO CHANGE THE ZONING DESIGNATION FROM RS- 6,000 (DI) TO RS-6,000 ON PROPERTIES LOCATED ON BOTH SIDES OF KAREN AVENUE FROM ITS WESTERN TERMINUS AT WALKER STREET TO A POINT APPROXIMATELY 636 FEET EAST OF WALKER STREET ON THE NORTH SIDE OF KAREN AVENUE AND APPROXIMATELY 672 FEET EAST OF WALKER STREET ON THE SOUTH SIDE OF KAREN AVENUE, AS WELL AS THE THREE (3) PARCELS CURRENTLY ADDRESSED AS 9502, 9512, AND 9352 WALKER STREET. Prepared by: Ted J. Commerdinger, Assistant Community Development Director Recommended Action: That the City Council: 1) Introduce for first reading the Ordinance by title only, title as follows, adopting an amendment to Section VI.A of the Cypress Business and Professional Center Specific Plan, adding clarifying language regarding prohibited land uses within the Plan (eliminate “Omission Zoning”); and 2) Adopt the Resolution by title only, title as follows, adopting General Plan Amendment No. 2006-01, changing the General Plan classification of properties on the north side of Karen Avenue from its western terminus at Walker Street to a point approximately 636 feet east of Walker Street from Medium Density Residential to Low Density Residential. An Ordinance of the City Council of the City of Cypress, Adopting Zone Change No. 2006-01, Changing the Zoning Designation from RS-6,000 (DI) to RS-6,000 on Properties Located on Both Sides of Karen Avenue from its Western Terminus at Walker Street to a Point Approximately 636 Feet East of Walker Street on the North Side of Walker Street and Approximately 672 Feet East of Walker Street on the South Side of Karen Avenue As Well As the Three Parcels Currently Addressed as 9502, 9512, and 9352 Walker Street. May 8, 2006 Page 4 A Resolution of the City Council of the City of Cypress, Adopting General Plan Amendment No. 2006-01, Changing the General Plan Classification of Properties on the North Side of Karen Avenue from its Western Terminus at Walker Street to a Point Approximately 636 Feet East of Walker Street from Medium Density Residential to Low Density Residential. 2. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2006- 04, AMENDING TABLE 2-20 OF SECTION 2.09 AND SECTION 2.09.040.A.2 OF THE CYPRESS ZONING CODE REGARDING INCREASED PARKING STANDARDS AND TEXT CHANGES WITHIN THE DI-DENSITY INCENTIVE OVERLAY ZONE. Prepared by: Ted J. Commerdinger, Assistant Community Development Director Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, amending Table 2-20 of Section 2.09 of the Cypress Zoning Code regarding increased parking standards within the DI-Density Incentive Overlay Zone. An Ordinance of the City Council of the City of Cypress, California, Amending Table 2-20 of Section 2.09 of the Cypress Zoning Code Regarding Increased Parking Standards Within the DI-Density Incentive Overlay Zone. 3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-07, TENTATIVE TRACT MAP NO. 17067, AND VARIANCE NO. 2006-03, A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FIVE (5) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 9542 WALKER STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2006-07 – with conditions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-07 – With Conditions. May 8, 2006 Page 5 4. PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO. 2006-03, AMENDING SECTIONS 5.25.180 THROUGH 5.25.250 OF SECTION 25, ARTICLE 5 OF THE CYPRESS ZONING CODE (DELETING THE PROVISIONS FOR A NON CONFORMING USE HEARING BOARD AND ESTABLISHING A ZONING ADMINISTRATOR IN ITS PLACE). Prepared by: Ted J. Commerdinger, Assistant Community Development Director Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, for approval of Zoning Code Amendment No. 2006-03. An Ordinance of the City Council of the City of Cypress, California, Amending Sections 5.25.180 Through 5.25.250 of Section 25, Article 5 of the Cypress Zoning Ordinance (Appendix “A” of the Cypress City Code), (Deleting the Provisions for a Nonconforming Uses Hearing Board and Establishing a Zoning Administrator In Its Place). 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 (5 - 14) 5. APPROVAL OF MINUTES Meeting of April 24, 2006. Prepared by: Jill R. Ingram, City Clerk Recommended Action: Approve as submitted, with Council Member McCoy abstaining on the minutes due to his absence from the meeting. 6. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. May 8, 2006 Page 6 7. PROCLAIMING APRIL 29, 2006, AS “UNITED WE PAINT DAY” IN THE CITY OF CYPRESS. Prepared by: Jill Ingram, City Clerk Recommended Action: That the City Council proclaim April 29, 2006, as “United We Paint Day” in the City of Cypress. 8. PROCLAIMING THE WEEK OF MAY 14-20, 2006, AS “EMERGENCY MEDICAL SERVICES WEEK” IN THE CITY OF CYPRESS. Prepared by: Jill Ingram, City Clerk Recommended Action: That the City Council proclaim the week of May 14-20, 2006, as “Emergency Medical Services Week” in the City of Cypress. 9. PROCLAIMING THE WEEK OF MAY 14 - 20, 2006, AS “NATIONAL POLICE WEEK” IN THE CITY OF CYPRESS. Prepared by: Jill Ingram, City Clerk Recommended Action: That the City Council proclaim the week of May 14-20, 2006, as “National Police Week” in the City of Cypress. 10. AUTHORIZATION TO RECLASSIFY THE POSITION OF OFFICE ASSISTANT I/II TO THE POSITION OF MANAGEMENT ANALYST IN THE DEPARTMENT OF PUBLIC WORKS. Prepared by: Gonzo Vazquez, Contracts/Environmental Affairs Manager Recommended Action: That the City Council authorize the reclassification of the existing Office Assistant I/II position in the Department of Public Works to a Management Analyst position, effective May 9, 2006. May 8, 2006 Page 7 11. APPROVAL OF CONTRACT CHANGE ORDERS NOS. 4 THROUGH 6 AND ACCEPTANCE OF CITY HALL REMODEL, PUBLIC WORKS PROJECT NO. 2003-18. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Approve Contract Change Orders Nos. 4 through 6 for City Hall Remodel, Public Works Project No. 2003-18, to Thomco Construction, Inc., Anaheim, CA, in the amount of $66,902.11; and 2) Accept the City Hall Remodel Project, Public Works Project No. 2003-18, as being satisfactorily completed in conformance with the project specifications, in the amount of $871,387.63; and 3) Approve the final retention payment of $87,138.76 to Thomco Construction, Inc., Anaheim, CA, thirty-five days after the Notice of Completion is filed, if no claims or objections have been filed; and 4) 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 Director of Public Works. 12. ACCEPTANCE OF IMPROVEMENT OF WEST SIDE OF MOODY STREET, BETWEEN CAMP STREET AND BISHOP STREET, SOUTH OF LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2003-48. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Accept the Improvement of West Side of Moody Street, between Camp Street and Bishop Street, South of Lincoln Avenue, Public Works Project No. 2003-48, as being satisfactorily completed in conformance with the project specifications, in the in the amount of $85,442; and 2) Approve the final retention payment of $8,544.20 to Nobest Inc., P.O. Box 2229, Corona, CA 92878, 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 Director of Public Works. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75263 THROUGH 75456. May 8, 2006 Page 8 Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS (14) 14. CONSIDERATION OF TEMPORARY CLOSURE OF THE ALLEY BETWEEN VIA LARGO AND PASEO DE ORO. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Adopt a Resolution by title only, title as follows, allowing the temporary closure of the alley between Via Largo and Paseo de Oro for a twelve month period at the mid-section of the alley; and 2) Approve an appropriation, in the amount of $2,100, from the unreserved balance of the General Fund to Account No. 4157-11-214-08 (Traffic Safety) for the installation of a twenty-five foot double gate, with Orange County Fire Authority (OCFA) approved padlock. A Resolution of the City Council of the City of Cypress, Authorizing the Temporary Closure of the Alley At Its Mid-Section Between Via Largo and Paseo de Oro. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. May 8, 2006 Page 9 No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (15 – 16) The Cypress City Council, Acting as the Cypress Redevelopment Agency. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Redevelopment Agency requests separate action on a specific item. CONSENT CALENDAR (15 - 16) 15. CONSIDERATION OF CONTRACT SERVICES AGREEMENT BETWEEN THE AGENCY AND ROSENOW SPEVACEK GROUP FOR PROJECT MANAGEMENT/ECONOMIC CONSULTING SERVICES. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the Cypress Redevelopment Agency approve the Contract Services Agreement with the Rosenow Spevacek Group for Economic Consulting and General Redevelopment Consultant Services, and authorize the Executive Director to execute the agreement on behalf of the Agency Board. 16. CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE OLSON COMPANY. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the Cypress Redevelopment Agency (Agency) approve the Exclusive Negotiation Agreement between the Agency and The Olson Company (Olson) for the one (1) acre Agency-owned site located at 6122 Lincoln Avenue and authorize the Agency Chair to execute the Agreement. May 8, 2006 Page 10 END OF CONSENT CALENDAR 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 Regular Meeting, to be held on Monday, May 22, 2006, 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, 2006. ________________________________ Jill R. Ingram, City Clerk May 8, 2006 Page 11 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 5, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.