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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.