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Agenda 2006-09-11 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 11, 2006 5:00 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:00 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 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Clerk 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. September 11, 2006 Page 2 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. September 11, 2006 Page 3 PUBLIC HEARINGS (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING VARIANCE NO. 2006-05, A REQUEST TO ALLOW DRIVEWAY LANDSCAPE BUFFERS LESS THAN THREE FEET (3’) WIDE ON A PROPOSED SECOND APARTMENT UNIT PROJECT LOCATED AT 5652 SAINT ANN AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE FAMILY ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Variance No. 2006-05, subject to the conditions in Exhibit “A” of the Resolution. A Resolution of the City Council of the City of Cypress, Granting a Variance From the Terms of the Zoning Ordinance of the City of Cypress, Section 3.14.050.C.7 to Allow Less Than Three Feet (3’) Wide Landscape Buffers Along a Driveway – With Conditions. 2. PUBLIC HEARING REGARDING AN ORDINANCE AMENDING SECTION 15A OF THE CYPRESS CITY CODE AND CYPRESS ZONING CODE CHAPTER 6.31 RELATED TO REGULATION OF MASSAGE ESTABLISHMENTS. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving an amendment to Cypress City Code, Section 15A and Cypress Zoning Code Chapter 6.31 related to regulation of massage establishments. An Ordinance of the City Council of the City of Cypress, Amending Cypress Municipal Code Chapter 15A and Cypress Zoning Code Chapter 6.31 Related to Regulation of Massage Establishments. September 11, 2006 Page 4 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 (3 - 13) 3. APPROVAL OF MINUTES Meeting of August 28, 2006 Prepared by: Denise Basham, Acting City Clerk Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. PROCLAIMING THE MONTH OF SEPTEMBER, 2006 AS “SAVE A LIFE MONTH” IN THE CITY OF CYPRESS. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim the month of September, 2006 as “Save a Life Month” in the City of Cypress. 6. PROCLAIMING SEPTEMBER 8, 2006 AS “DEVELOPMENTAL DISABILITIES DAY” IN THE CITY OF CYPRESS. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim September 8, 2006 as “Developmental Disabilities Day” in the City of Cypress. 7. PROCLAIMING THE MONTH OF SEPTEMBER, 2006 AS “NATIONAL PROSTATE CANCER AWARENESS MONTH” IN THE CITY OF CYPRESS. September 11, 2006 Page 5 Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim the month of September, 2006 as “National Prostate Cancer Awareness Month” in the City of Cypress. 8. A FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 2000-16 REGARDING THE EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 6024 CERRITOS AVENUE IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council receive and file the report. 9. ACCEPTANCE OF REPLACEMENT OF BASKETBALL COURT AT PINEWOOD PARK, CONSTRUCTION OF PICNIC SHELTER SLAB AT PEPPERTREE PARK, AND CONSTRUCTION OF ACCESS RAMPS AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NOS. 2005- 07, 2003-35, AND 2004-23. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept the project for Replacement of Basketball Court at Pinewood Park, Construction of Picnic Shelter Slab at Peppertree Park, and Construction of Access Ramps at Various Locations, Public Works Project Nos. 2005-07, 2003- 35, and 2004-23, as being satisfactorily completed in conformance with the project specifications, in the final amount of $105,896; and 2) Approve the final retention payment of $10,589.60 to JMA Construction, 6143 Hope Street, Simi Valley, California 93063, thirty-five (35) days after 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. 10. ACCEPTANCE OF DESIGN/BUILD FOR POLICE EVIDENCE STORAGE BUILDING AND CIVIC CENTER RESTROOMS, PUBLIC WORKS PROJECT NO. 2004-27. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept Design/Build of Police Evidence Storage Building and Civic Center Restrooms, Public Works Project No. 2004-27, as being satisfactorily completed in conformance with the project specifications, in the final amount of $417,394; and 2) Approve the final retention of $41,739.40 to The Public Restroom Company, 639 Isbell Road, Suite 440, Reno, September 11, 2006 Page 6 Nevada 89509, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed. 11. APPROPRIATION OF FUNDS FOR A BUILDING ACCESS CONTROL SYSTEM. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the increase in revenues in the General Fund 3525-11 (other grants) in the amount of $73,704; and 2) Approve the transfer from the General Fund (2200-11) in the amount of $73,704 to the Equipment Replacement Fund (1200-90); and 3) Approve the appropriation of $73,704 from the fund balance of the Equipment Replacement Fund to account 4305-90-656-35 for the purchase of a Building Access Control System; and 4) Award a contract to ADT Security Services, Inc., 4161 East La Palma Avenue, Anaheim, CA 92807, in the amount of $73,704 for the purchase of a complete Building Access Control System. 12. APPROPRIATION OF FUNDS FOR POLICE DEPARTMENT LOBBY TARGET HARDENING. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve the increase in revenues in the General Fund 3525-11 (other grants) in the amount of $5,000; and 2) Approve the transfer from the General Fund (2200-11) in the amount of $5,000 to the Central Services Fund (1200-76); and 3) Approve the appropriation of $5,000 from the fund balance of the Central Services Fund to account 4111-76-626-08 for the purchase of bullet resistive wall panels and a ballistic door. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 77201 THROUGH 77232, AND FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 77198 THROUGH 77200 AND 77233 THROUGH 77457. Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Years 2005-06 and 2006-07. September 11, 2006 Page 7 ORDINANCES (SECOND READING) (14) 14. SECOND READING OF ZONING CODE AMENDMENT NO. 2004-04, AMENDING APPENDIX “I” OF THE CYPRESS CITY CODE (ZONING ORDINANCE), AMENDING TABLES 2-2, 2-6, 2-11 AND 2-15 AND ADDING A DEFINITION TO SECTION 6.31.020 REGARDING MEDICAL MARIJUANA DISPENSARIES. Prepared by: Ted Commerdinger, Acting Community Development Director Recommended Action: That the City Council approve the second reading of the Ordinance by title only, title as follows, approving Zoning Code Amendment No. 2004-04. An Ordinance of the City Council of the City of Cypress, Modifying Tables 2-2, 2-6, 2-11 and 2-15 and Adding a Definition to Section 6.31.020 of Appendix I of the Cypress Municipal Code Regarding Medical Marijuana Dispensaries. 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. September 11, 2006 Page 8 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, September 24, 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 7 day of September, 2006. ________________________________ Denise Basham, Acting City Clerk IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, YOU September 11, 2006 Page 9 SHOULD CONTACT THE OFFICE OF THE CITY CLERK AT (714) 229-6685. NOTIFICATION BY NOON ON FRIDAY, SEPTEMBER 8, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.