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.