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Agenda 2007-02-26 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 26, 2007 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 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 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. February 26, 2007 Page 2 WORKSHOP CONTINUATION OF PARK DEVELOPMENT FEES SESSION Recess the meeting to Closed Session. CLOSED CYPRESS REDEVELOPMENT AGENCY ITEMS: SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area Party Negotiating With: Burnham USA Equities, Hopkins Real Estate Group, Navarro Retail Group, and Rich Development Company Negotiating Party: Acting Community Development Director/Deputy Executive Director Under Negotiation: Site Status, Price and Offer Terms of Payment RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONSPRESENTATION OF SPECIAL RECOGNITION CERTIFICATE TO RICHARD STOREY February 26, 2007 Page 3 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. 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 AMENDMENT OF PARK FEE ORDINANCE. Prepared by: Ted Commerdinger, Acting Community Development Director Recommended Action: This public hearing was originally scheduled to be conducted as a follow up to tonight’s workshop. However, based upon the multiple options for an ordinance presented for Council consideration and the inability to predict what outcome for an ordinance (if any) would come out of the workshop, the City Attorney has stated that from a legal perspective, he would prefer that this public hearing be moved to the March 12, 2007 meeting. Staff therefore recommends that no action be taken at this time and that consideration of any ordinance be moved to the March 12, 2007 as preferred by the City Attorney. February 26, 2007 Page 4 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2007-02, A REQUEST TO ALLOW A FULL-SERVICE CAR WASH AND MINI-MARKET LOCATED AT 6000 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL ZONE. Prepared by: Ted Commerdinger, Acting Community Development Director Recommended Action: That the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the 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. 2007-02, subject to the conditions in Exhibit “A.” A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2007-02 – With Conditions. 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 - 10) 3. APPROVAL OF MINUTES Meetings of February 5 and February 12, 2007. Prepared by: Denise Basham, Interim 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. February 26, 2007 Page 5 5. APPROVAL OF APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR DESIGN OF WALKER STREET WIDENING FROM 100 FEET NORTH OF LINCOLN AVENUE TO PHILO STREET, PUBLIC WORKS PROJECT NO. 2006-21. Prepared by: Kamran Dadbeh, Assistant City Engineer Recommended Action: That the City Council: 1) Increase estimated revenues by $35,000 in the City’s Capital Improvement Fund (Account No. 3572-15); and 2) Appropriate $35,000 from the unreserved fund balance of the CIP Fund to Account No. 4186-15-879-21 for design of Walker Street Widening on the west side from 100 feet north of Lincoln Avenue to Philo Street, Public Works Project No. 2006-21. 6. APPROVAL OF CONTRACT CHANGE ORDER AND APPROPRIATION OF FUNDS FOR ADDITIONAL WORK ON THE BUILDING ACCESS CONTROL SYSTEM. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council: 1) Approve an increase in revenues in the General Fund 3525-11 (other grants) in the amount of $9,925; and 2) Approve a transfer from the General Fund (2200-11) in the amount of $9,925 to the Equipment Replacement Fund (1200-90); and 3) Approve the appropriation of $9,925 from the fund balance of the Equipment Replacement Fund to account 4305-90-656-35 for the purchase of additional hardware related to the Building Access Control System change order. 7. DONATION OF POLICE VEHICLES TO THE CRIMINAL JUSTICE TRAINING CENTER AT GOLDENWEST COLLEGE. Prepared by: Rick Hicks, Chief of Police Recommended Action: That the City Council authorize the donation of two (2) used, marked police vehicles to the Criminal Justice Training Center at Goldenwest College. 8. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2007. February 26, 2007 Page 6 Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of January, 2007. 9. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 79567 THROUGH 79739. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation & Park District Matters: 10. DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH ANDERSON AUDIO VISUAL FOR THE AUDIO VISUAL SYSTEM AND INSTALLATION FOR THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION PROJECT NUMBER 2005-35. Prepared by: Laura Detweiler, Recreation and Community Services Director Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project Number 2005-35, Modernization and Expansion of Cypress Community Center, to enter into contract with Anderson Audio Visual for the audio visual system and installation in accordance to Section 3.7 of the July 10, 2006 Council Approved Program Management Agreement: Trade Contractor Total Contract Amount Audio Visual Anderson Audio Visual $37,541.33 END OF CONSENT CALENDAR February 26, 2007 Page 7 ORDINANCES (11) 11. INTRODUCTION OF ORDINANCE ADDING SECTION 3-4 TO CHAPTER 3 OF THE CITY’S MUNICIPAL CODE RELATED TO ANIMAL CONTROL AND BARKING DOGS. 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, adding Section 3-4 to Chapter 3 of the City’s Municipal Code related to animal control and barking dogs. An Ordinance of the City Council of the City of Cypress, Adding Section 3-4 to Chapter 3 of the Code of the City of Cypress Relating to Animal Control and Barking Dogs. 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. February 26, 2007 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 1. Consideration of the California Public Utilities Commission’s Options to Add a New Area Code Within Orange County. (Requested by Council Member Mills) ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, March 12, 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 nd 22 day of February, 2007. ________________________________ Denise Basham, Interim City Clerk February 26, 2007 Page 9 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 FRIDAY, FEBRUARY 23, 2007, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.