Agenda 2007-01-08
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JANUARY 8, 2007
6:00 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
CALL TO ORDER 6:00 P.M.
Council Chambers
ROLL CALL MAYOR/AGENCY CHAIR PHIL LUEBBEN
MAYOR PRO TEM/AGENCY VICE CHAIR TODD SEYMORE
COUNCILMEMBER/BOARD MEMBER DOUG BAILEY
COUNCILMEMBER/BOARD MEMBER LEROY MILLS
COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN
Recess the meeting to Closed Session.
CLOSED CITY OF CYPRESS ITEMS:
SESSION
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: City Manager
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.
January 8, 2007 Page 2
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCECYPRESS CUB SCOUT PACK 660
INVOCATION
PRESENTATIONSORANGE COUNTY HUMAN RELATIONS
COUNCIL ANNUAL UPDATE
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.
January 8, 2007 Page 3
PUBLIC HEARINGS (1 – 3)
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. 2006-06, A
REQUEST TO VARY FROM SECTION 2.05, TABLE 2-3,
FOOTNOTE 5, SECTION 2.05.B.2.H, SECTIONS 3.13.050.A & B,
AND SECTION 3.14.080.B OF THE CYPRESS ZONING
ORDINANCE TO ALLOW A SEMI-CIRCULAR DRIVEWAY
LOCATED AT 10202 AQUEDUCT DRIVE IN THE RS-6,000
RESIDENTIAL SINGLE-FAMILY ZONE.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Resolution
by title only, title as follows, denying Variance No. 2006-06, including
correction requirements to achieve Code compliance within thirty (30)
days of the Resolution adoption.
A Resolution of the City Council of the City of Cypress,
Denying a Variance From the Terms of the Zoning
Ordinance of the City of Cypress, Section 2.05, Table 2-3,
Footnote 5, Section 2.05.B.2.h, Sections 3.13.050.A & B,
And Section 3.14.080.B to Allow a Semi-Circular
Driveway Within a Single-Family Residential Front Yard
Area.
2. CONTINUATION OF PUBLIC HEARING REGARDING
CONDITIONAL USE PERMIT NO. 2006-11, A REVISED REQUEST
TO CONSTRUCT FIVE (5) DETACHED CONDOMINIUM UNITS ON
THE PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN
THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE.
Prepared by: Doug Hawkins, Associate Planner
Recommended Action: That the City Council adopt the Resolution
by title only, title as follows, approving Conditional Use Permit
No. 2006-11, subject to the conditions in Exhibit “A” of the
Resolution.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2006-11 – With
Conditions.
January 8, 2007 Page 4
3. PUBLIC HEARING REGARDING AMENDMENT OF PARK FEE
ORDINANCE.
Prepared by: Ted Commerdinger, Acting Community
Development Director
Recommended Action: That the City Council introduce for first
reading the Ordinance by title only, title as follows, amending Section
25-46 of the Cypress City Code and Establishing Park Development
Fees within the City of Cypress.
An Ordinance of the City Council of the City of Cypress,
California, Amending Section 25-46 of the Cypress City
Code and Establishing Park Development Fees Within
the City of Cypress.
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 (4 – 17)
4. APPROVAL OF MINUTES
Meetings of December 11, December 14, December 18, and
December 19, 2006.
Prepared by: Denise Basham, Interim City Clerk
Recommended Action: Approve as submitted.
5. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
6. PROCLAIMING JANUARY 13, 2007, AS “KOREAN AMERICAN
DAY” IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, Interim City Clerk
January 8, 2007 Page 5
Recommended Action: That the Mayor and City Council officially
proclaim January 13, 2007, as “Korean American Day” in the City
of Cypress.
7. APPROVAL OF FINAL TRACT MAP NO. 16954. PROPERTY
LOCATED AT 8582 WALKER STREET.
Prepared by: David Sanchez, Assistant Engineer
Recommended Action: That the City Council approve Final Tract Map
No. 16954 and authorize the City Clerk to sign the record map.
8. ACCEPTANCE OF CONSTRUCTION OF PERIMETER FENCING AT
DARRELL ESSEX PARK, PUBLIC WORKS PROJECT NO. 2004-17.
Prepared by: Kamran Dadbeh, Assistant City Engineer
Recommended Action: That the City Council: 1) Accept Construction of
Perimeter Fencing at Darrell Essex Park, Public Works Project No.
2004-17, as being satisfactorily completed in conformance with the
project specifications, in the final amount of $74,980; and 2) Approve the
final retention payment of $7,498 to Built Rite Fence Company, 9110
Rose Street, Bellflower, California 90706, 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.
9. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2006.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council receive and file the
Comprehensive Annual Financial Report for the Fiscal Year Ended June
30, 2006.
10. ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF
CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2006.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council receive and file the Single
Audit Report of the City of Cypress for the Fiscal Year Ended
June 30, 2006.
January 8, 2007 Page 6
11. ACCEPTANCE OF THE AUDIT LETTER, THE AUDITOR’S
RECOMMENDATIONS TO MANAGEMENT, AND STAFF’S
RESPONSE TO THE AUDITOR’S RECOMMENDATIONS TO
MANAGEMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2006.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council receive and file the Audit
Letter, the Auditor’s Recommendations to Management, and Staff’s
Response to the Auditor’s Recommendations to Management.
12. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CITY OF CYPRESS’ APPROPRIATION LIMIT FOR
THE FISCAL YEAR ENDING
JUNE 30, 2007.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council receive and file the report
on Agreed-Upon Procedures Applied to the City of Cypress’
Appropriation Limit for the Fiscal Year Ending June 30, 2007.
13. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 2006.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council receive and file the
Investment Report for the month of November, 2006.
14. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO.
78635 THROUGH 78997.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council approve the attached
warrant register and wire transfers for Fiscal Year 2006-07.
January 8, 2007 Page 7
Recreation & Park District Matters:
15. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30,
2007.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council, acting as the ex-officio
Board of Directors of the Cypress Recreation and Park District, receive
and file the Report on Agreed-Upon Procedures Applied to the Cypress
Recreation and Park District’s Appropriation Limit for the Fiscal Year
Ending June 30, 2007.
16. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE
FISCAL YEAR ENDED JUNE 30, 2006.
Prepared by: Matt Burton, Finance Manager
Recommended Action: That the City Council, acting as the ex-officio
Board of Directors of the Cypress Recreation and Park District, receive
and file the Component Unit Financial Report of the Cypress Recreation
and Park District for the Fiscal Year Ended June 30, 2006.
17. AWARD OF PURCHASE AND MAINTENANCE AGREEMENT WITH
THE ACTIVE NETWORK FOR RECREATION PROGRAM
REGISTRATION, FACILITY MANAGEMENT AND HOSTED INTERNET
SOFTWARE.
Prepared by: Dena Diggins, Recreation Superintendent
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors of the Cypress Recreation and Park
District: 1) Award the purchase and maintenance agreement with The
Active Network, for recreation program registration, facility management
and hosted internet software in the amount of $36,880; and 2)
Appropriate $8,880 from the Recreation and Park District unreserved
General Fund to the Recreation and Park District budget account 4187-
12-301-10.
January 8, 2007 Page 8
END OF CONSENT CALENDAR
ORDINANCES
No items.
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 (18)
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 (18):
18. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT
OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE
FISCAL YEAR ENDED JUNE 30, 2006.
Prepared by: Matt Burton, Finance Manager
January 8, 2007 Page 9
Recommended Action: That the Cypress Redevelopment Agency
Board receive and file the Component Unit Financial Report of the
Cypress Redevelopment Agency for the Fiscal Year Ended June 30,
2006.
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, January 22, 2007,
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
rd
3 day of January, 2007.
________________________________
Denise Basham, Interim City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU
NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, YOU
January 8, 2007 Page 10
SHOULD CONTACT THE OFFICE OF THE CITY CLERK AT (714) 229-6683.
NOTIFICATION BY NOON ON FRIDAY, JANUARY 5, 2007, WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.