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Agenda 2006-09-25 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 25, 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. Executive Board Room 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 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. September 25, 2006 Page 2 WORKSHOP ADOPTION OF TRAVEL AND REIMBURSEMENT POLICY - SESSION CITY COUNCIL DISCUSSION OF CITY COMMISSIONS AND APPOINTMENTS TO FILL UNSCHEDULED VACANCIES ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Clerk RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONSPRESENT PROCLAMATION TO ORANGE COUNTY FIRE AUTHORITY BATTALION CHIEF MIKE McCOY PROCLAIMING THE WEEK OF OCTOBER 8-14, 2006 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY September 25, 2006 Page 3 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. PUBLIC HEARINGS (1) 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. 2006-08 AND SPECIFIC PLAN AMENDMENT NO. 2006-01, A REQUEST TO CONSTRUCT A WALGREENS DRUG STORE WITH A DRIVE-THRU PHARMACY AT THE SOUTHEAST CORNER OF LINCOLN AVENUE AND VALLEY VIEW STREET (6006 LINCOLN AVENUE) IN THE PC PLANNED COMMUNITY ZONE, AND ELIMINATE THE MAXIMUM FRONT YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. Prepared by: Doug Hawkins, Associate Planner Recommended Action: That the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2006-08, subject to the conditions in Exhibit “A”; and 3) Introduce for first reading the Ordinance by title only, title as follows, amending Section 4.5.1 of the Lincoln Avenue Specific Plan to eliminate the maximum front yard setback requirement within the Campus Village District of the Lincoln Avenue Specific Plan. September 25, 2006 Page 4 A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2006-08 – With Conditions. An Ordinance of the City Council of the City of Cypress, California, Amending Section 4.5.1, Development Standards Matrix, Table 2, of the Lincoln Avenue Specific Plan for the Purpose of Eliminating the Maximum Front Yard Setback Requirement for the CV Campus Village District of the Specific Plan. 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 (2 - 12) 2. APPROVAL OF MINUTES Meeting of September 11, 2006 Prepared by: Denise Basham, Acting City Clerk Recommended Action: Approve as submitted. 3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4. PROCLAIMING OCTOBER 8-14, 2006 AS “FIRE PREVENTION WEEK” IN THE CITY OF CYPRESS. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of October 8-14, 2006 as “Fire Prevention Week” in the City of Cypress. September 25, 2006 Page 5 5. PROCLAIMING OCTOBER 2-6, 2006 AS “LAWSUIT ABUSE AWARENESS WEEK” IN THE CITY OF CYPRESS. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of October 2-6, 2006 as “Lawsuit Abuse Awareness Week” in the City of Cypress. 6. PROCLAIMING THE MONTH OF OCTOBER, 2006 AS “LUPUS AWARENESS 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 October, 2006 as “Lupus Awareness Month” in the City of Cypress. 7. ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Prepared by: Denise Basham, Acting City Clerk Recommended Action: That the City Council, and acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, titles as follows, adopting Conflict of Interest Codes for the City of Cypress and Cypress Recreation and Park District, which supersede all prior Conflict of Interest Codes and amendments previously adopted. A Resolution of the City Council of the City of Cypress, California, Adopting a Conflict of Interest Code Which Supersedes All Prior Conflict of Interest Codes and Amendments Previously Adopted. A Resolution of the City Council of the City of Cypress, California, Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District, A Subsidiary District of the City of Cypress, Adopting a Conflict of Interest Code Which Supersedes All Prior Conflict of Interest Codes and Amendments Previously Adopted. September 25, 2006 Page 6 8. APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2005-06. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council approve an additional appropriation for Fiscal Year 2005-06 as follows: Additional Appropriation from the unreserved, undesignated fund balance of the General Fund to: Account 4179-11-105-01 (Legal Services) $48,600 Additional Appropriation from the fund balance of the Supplemental Law Enforcement Grant Fund to: Account 4001-30-181-05 (Salaries) $1,350 9. EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and three Promissory Notes (Exhibit “B”) in the amount of $9,900,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments or other available project area revenue sources. 10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2006. Prepared by: Matt Burton, Finance Manager Recommended Action: That the City Council receive and file the Investment Report for the month of August, 2006. 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 77458 THROUGH 77618. Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register September 25, 2006 Page 7 and wire transfers for Fiscal Year 2006-07. Recreation and Park District Matters: 12. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDERS FOR PHASE 2 OF THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION – PROJECT NO. 2005-35. Prepared by: Laura Detweiler, Recreation and Community Services Director Recommended Action: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and Expansion of Cypress Community Center, to enter into contract with the following lowest responsible bidders by trade in accordance to Section 3.7 of the July 10, 2006 Council Approved Program Management Agreement: Trade Contractor Total Contract Amount Landscape Flintridge Landscape $115,508.00 Fire Protection Metro Fire Protection 115,000.00 Glass Work Liberty Glass 104,500.00 END OF CONSENT CALENDAR ORDINANCES (SECOND READING) (13) 13. SECOND READING OF 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 approve the second reading of the Ordinance by title only, title as follows, amending Section 15A of the Cypress City Code and Cypress Zoning Code Chapter 6.31 related to regulation of massage establishments. September 25, 2006 Page 8 An Ordinance of the City Council of the City of Cypress, Amending Section 15A of the Cypress City Code and Cypress Zoning Code Chapter 6.31 Related to Regulation of Massage Establishments. 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. 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 (14 - 15) 14. ADOPTION OF RESOLUTION ADOPTING REVISED CONFLICT OF INTEREST CODE FOR THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Denise Basham, Acting Secretary Recommended Action: That the Cypress Redevelopment Agency adopt the Resolution by title only, title as follows, adopting a Conflict of Interest Code for the Cypress Redevelopment Agency which supersedes all prior Conflict of Interest Codes and amendments previously adopted. A Resolution of the Cypress Redevelopment Agency, Adopting a Conflict of Interest Code Which Supersedes September 25, 2006 Page 9 All Prior Conflict of Interest Codes and Amendments Previously Adopted. 15. EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Prepared by: Matt Burton, Finance Manager Recommended Action: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and three Promissory Notes (Exhibit “B”) in the amount of $9,900,000 with the City of Cypress, with the repayment to the City to be made from future tax increments or other available project area revenue sources. 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, October 9, 2006, beginning at 5:30 p.m. in the Executive Board Room. September 25, 2006 Page 10 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 st 21 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 SHOULD CONTACT THE OFFICE OF THE CITY CLERK AT (714) 229-6685. NOTIFICATION BY NOON ON FRIDAY, SEPTEMBER 22, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.