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Agenda 2006-11-13 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 13, 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. November 13, 2006 Page 2 WORKSHOP CONTINUATION OF PARK DEVELOPMENT FEES SESSION ***Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Lease Negotiations for City-Owned Parcels Identified by APN Numbers 242-062-26 and 242-142-50 Negotiating Party: Acting Community Development Director Under Negotiation: Terms and Conditions PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: City Manager CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel Under Negotiation: Price and Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE November 13, 2006 Page 3 INVOCATION PRESENTATIONSPRESENT RESOLUTION RECOGNIZING THE SYLWANOWICZ FAMILY AS THE 2006 CYPRESS FAMILY OF THE YEAR ***Recess for the 2006 Family of the Year Reception 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. November 13, 2006 Page 4 PUBLIC HEARINGS (1) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended By The City Council and/or the Cypress Redevelopment Agency. 1. CONTINUATION OF 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. 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. November 13, 2006 Page 5 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 - 9) 2. APPROVAL OF MINUTES Meeting of October 23, 2006 Prepared by: Denise Basham, Interim 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. ADOPTION OF RESOLUTION RECOGNIZING THE SYLWANOWICZ FAMILY AS THE 2006 CYPRESS FAMILY OF THE YEAR. Prepared by: Denise Basham, Interim City Clerk Recommended Action: That the City Council adopt the Resolution by title only, title as follows, recognizing the Sylwanowicz family as the 2006 Cypress Family of the Year. A Resolution of the City Council of the City of Cypress, Recognizing the Sylwanowicz Family as the 2006 Cypress Family of the Year. November 13, 2006 Page 6 5. ACCEPTANCE OF REPLACEMENT OF ASPHALT CONCRETE PAVEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2004-24. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept Replacement of Asphalt Concrete Pavement at Maintenance Yard, Public Works Project No. 2004-24, as being satisfactorily completed in conformance with the project specifications, in the final amount of $347,910.23; and 2) Approve the final retention payment of $34,791.02 to Tyner Paving, 2005 San Fernando Road, Los Angeles, California 90065, 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. 6. RECEIVE PETITIONS FOR RESIDENTIAL PARKING PERMIT DISTRICTS AND SET A PUBLIC HEARING DATE. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Receive the following petitions for the establishment of a Residential Parking Permit District for the following areas: ? On Lee Street (from 9761 through 9792 Lee Street) and Lee Drive (from 6001 through 6182 Lee Drive) between the hours of 10 a.m. and 1 p.m. – school days only. ? On Oxford Drive (from 5243 through 5294 Oxford Drive) between the hours of 10 a.m. and 1 p.m. – school days only. ? On the west side of Knott Street (from 10541 through 10711 Knott Street) and Jonathan Avenue (from 6942 through 6992 Jonathan Avenue) 24 hours a day, seven days a week; and 2) Set a public hearing date for each of these areas for the City Council Meeting of January 22, 2007, to discuss the establishment of Residential Parking Permit Districts for the three areas that have submitted certified petitions. 7. EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Prepared by: Matt Burton, Finance Manager November 13, 2006 Page 7 Recommended Action: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit B) in the amount of $20,000,000 with the Cypress Redevelopment Agency for the purchase of land, with the repayment by the Agency being made from the proceeds resulting from reselling the land for development. 8. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78004 THROUGH 78223. Prepared by: Matt Burton, Finance Manager Recommended Action: Approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation and Park District Matters: 9. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO RESCIND TWO AWARDED BIDS WITH T-CONSTRUCTION AND ENTER INTO CONTRACT WITH THE NEXT LOWEST RESPONSIBLE BIDDERS FOR 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 rescind two awarded bids with T-Construction and enter into contract with the following second 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 Demolition American Demolition $118,000.00 Painting Sanders & Wohrman 49,800.00 END OF CONSENT CALENDAR November 13, 2006 Page 8 ORDINANCES (SECOND READING) (10) 10. SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2006-06, A PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX I – ZONING, SECTION 3.14.050.C.7, RELATING TO DRIVEWAY LANDSCAPE BUFFER REQUIREMENTS. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2006-06. An Ordinance of the City Council of the City of Cypress, California, Amending Section 3.14.050.C.7 of the Cypress Zoning Ordinance Relating to Driveway Landscape Buffers. NEW BUSINESS (11) 11. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-40 THROUGH 2-120 RELATED TO “BOARDS, COMMISSIONS AND COMMITTEES” AND THE CABLE TELEVISION COMMISSION. Prepared by: June Liu, Administrative Services Manager Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, Amending Chapter 2, Article IV, Sections 2-40 through 2-120 Related to “Boards, Commissions and Committees” and the Cable Television Commission. An Ordinance of the City Council of the City of Cypress, and the Ex Officio Governing Body of the Cypress Recreation and Park District, Amending Chapter 2, Article IV, Sections 2-40 through 2-120 Related to “Boards, Commissions and Committees” and the Cable Television Commission. RECREATION & PARK DISTRICT MATTERS November 13, 2006 Page 9 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 (12 – 13) 12. PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINNERS CIRCLE AND KATELLA AVENUE. Prepared by: Ted Commerdinger, Acting Deputy Executive Director Recommended Action: That the Cypress Redevelopment Agency Board: 1) Approve the Purchase and Sale Agreement and the Resolution with Los Alamitos Race Track and Rolling A Ranch, LLC for the Agency’s acquisition of the approximately 13.329 acre area located at the northwest corner of Winners Circle and Katella Avenue; and 2) Approve an appropriation from the General Fund (pursuant to the accompanying staff report from the Finance Manager) in the amount of $19,993,500 to the following asset account number: 1431-38 (Land Held for Resale – LART). A Resolution of the Cypress Redevelopment Agency, Approving an Agreement for the Purchase and Sale of Real Property By and Between the Agency, as Buyer, and Los Alamitos Race Course and Rolling A Ranch, LLC, as Seller, of an Approximately 13.329 Acre Parcel Located in the City of Cypress at the Northwest Corner of Winners Circle and Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area. November 13, 2006 Page 10 13. EXECUTION OF PROMISSORY NOTE 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 Promissory Note (Exhibit B) in the amount of $20,000,000 with the City of Cypress for the purchase of land, with the repayment to the City being made from the proceeds resulting from reselling the land for development. 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, November 27, 2006, beginning at 5:30 p.m. in the Executive Board Room. November 13, 2006 Page 11 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 9 day of November, 2006. ________________________________ Denise Basham, Interim 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 THURSDAY, NOVEMBER 9, 2006, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.