Agenda 2007-09-24
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 24, 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.
September 24, 2007 Page 2
WORKSHOP WORKSHOP RELATIVE TO THE MODIFICATION OF THE
SESSION CITY’S STREET TREE POLICY AND SIDEWALK
CONDITIONS
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 and Portions of Real Property Identified
by APN Numbers 241-231 -22, 27, 28, 32, 35 and
42; Consisting of Approximately 10 Acres North
of Katella Avenue Within the Los Alamitos Race
Track and Golf Course Redevelopment Project
Area
Party Negotiating With: Hopkins Real Estate
Group and Los Alamitos Race Course,
respectively
Negotiating Party: Director of Community
Development/Deputy Executive Director
Under Negotiation: Terms of Payment
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number
242-062-26; Consisting of a 1.0 Acre Parcel at
the Northwest Corner of Cerritos Avenue and
Moody Street
Party Negotiating With: O.C. Fire Authority
Negotiating Party: Director of Community
Development/Deputy Executive Director
Under Negotiation: Terms of Payment
September 24, 2007 Page 3
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Real Property Identified by APN Number
242-142-50; Consisting of an Approximately
0.68 Acre Parcel at the Southwest Corner of
Myra Avenue and Moody Street
Party Negotiating With: Cypress Boys and Girls
Club
Negotiating Party: Director of Community
Development/Deputy Executive Director
Under Negotiation: Terms of Payment
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
September 24, 2007 Page 4
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. 2007-12 AND TENTATIVE TRACT MAP NO. 17221, A
REQUEST TO CREATE A ONE (1) LOT SUBDIVISION AND
CONSTRUCT SIXTEEN (16) CONDOMINIUM UNITS ON THE
PROPERTY LOCATED AT 4852 LINCOLN AVENUE WITHIN THE
PC PLANNED COMMUNITY ZONE LINCOLN AVENUE SPECIFIC
PLAN AREA.
Prepared by: Doug Hawkins, Associate Planner
Recommended Action: That the City Council adopt the Resolutions
by title only, titles as follows, approving Conditional Use Permit
No. 2007-12 and Tentative Tract Map No. 17221, subject to the
conditions in Exhibit “A” of the Resolutions.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2007-12 – With
Conditions.
A Resolution of the City Council of the City of Cypress,
Approving Tentative Tract Map No. 17221 – With
Conditions.
September 24, 2007 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 – 10)
2. APPROVAL OF MINUTES.
Meeting of September 10, 2007
Prepared by: Denise Basham, 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 THE MONTH OF OCTOBER, 2007 AS “LUPUS
AWARENESS MONTH” IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim the month of October, 2007 as “Lupus Awareness Month” in
the City of Cypress.
5. PROCLAIMING OCTOBER 5, 2007 AS “CALIFORNIA ARTS DAY” IN
THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim October 5, 2007 as “California Arts Day” in the City of Cypress.
September 24, 2007 Page 6
6. ADOPTION OF RESOLUTION DENYING THE LATE CLAIM
APPLICATION OF LORRIE STODDARD.
Prepared by: William Wynder, City Attorney
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, denying the Late Claim Application of Lorrie
Stoddard.
A Resolution of the City Council of the City of Cypress,
Denying the Late Claim Application of Lorrie Stoddard.
7. APPROPRIATION OF FUNDS FOR THE PURCHASE OF BALLISTIC
VESTS.
Prepared by: Rick Hicks, Chief of Police
Recommended Action: That the City Council: 1) Appropriate $16,691
from the fund balance of the Equipment Replacement Fund to account
4305-90-656-35 (Equipment-Police); and 2) Approve the transfer of
$1,299 from the unreserved fund balance of the General Fund
(2200-11) to the Equipment Replacement Fund (1200-90) to replace ten
(10) outdated tactical vests to be utilized by officers assigned to the
S.W.A.T. Team.
8. APPROVAL OF FISCAL YEAR 2006-07 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE
CITY OF CYPRESS TO FISCAL YEAR 2007-08.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2007-08 for the
carryover items as detailed in Attachment A and summarized as
follows:
11 General Fund $ 301,030
15 Capital Projects Fund 2,974,401
22 Gas Tax 2106 Fund 1,116,091
24 Traffic Mitigation Assessment Fund 629,716
25 Lighting District Fund 31,396
26 Plan Local Drainage Facility Fund 1,138,915
39 Measure M Gas Tax Fund 436,172
September 24, 2007 Page 7
41 Sewer Fund 289,997
90 Capital Replacement Fund 758,600
TOTAL $7,676,318
September 24, 2007 Page 8
2. Authorize the transfer of funds to support continuing appropriations
in Fiscal Year 2007-08 as listed below:
FROM TO AMOUNT
11 General Fund 90 Capital Replacement $ 47,141
24 Traffic Mitigation 11 General Fund 48,716
13 Park District General Fund 15 Capital Projects 719,000
22 Gas Tax 2106 Fund 15 Capital Projects 22,160
35 RDA – Civic Center Fund 15 Capital Projects 227,999
39 Measure M Gas Tax 22 Special Gas Tax 737,093
TOTAL $1,802,109
3. Authorize the continuation of the following grant revenue to support
continuing appropriations to Fiscal Year 2007-08:
11 General Fund $52,660
15 Capital Projects Fund 542,106
39 Measure M Gas Tax Fund 931,714
TOTAL $1,526,480
4. Authorize the appropriation of funds in Fiscal Year 2007-08 for items
encumbered at June 30, 2007 as detailed in Attachment B and
summarized below:
11 General Fund $128,796
15 Capital Projects Fund 1,585,920
22 Gas Tax 2106 Fund 283,588
25 Lighting District Fund 37,522
26 Plan Local Drain Facility Fund 199,649
39 Measure M Gas Tax Fund 104,169
41 Sewer Fund 300,630
43 Storm Drainage Fund 16,000
76 Information Systems/Print Shop Fund 3,800
90 Capital Replacement Fund 3,326
TOTAL $ 2,663,400
9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2007.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the
Investment Report for the month of August, 2007.
September 24, 2007 Page 9
10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS
NO. 82711 THROUGH 82928.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council approve the attached
warrant register and wire transfers for Fiscal Year 2007-08.
END OF CONSENT CALENDAR
ORDINANCES
No items.
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS (11)
The Cypress City Council, Acting as the Ex-Officio Governing Board
of Directors.
11. APPROVAL OF FISCAL YEAR 2006-07 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL
YEAR 2007-08.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the City Council, acting as the ex-officio
governing Board of Directors of the Cypress Recreation and Park
District:
1. Authorize the appropriation of funds in Fiscal Year 2007-08 for items
encumbered at June 30, 2007 as detailed in Attachment A and
summarized below:
12 General Fund $77,652
September 24, 2007 Page 10
2. Authorize the appropriation of funds in Fiscal Year 2007-08 for the
carryover of continuing appropriations as detailed in Attachment A
and summarized as follows:
12 General Fund $13,952
3. Authorize the transfers of funds to support continuing appropriations in
Fiscal Year 2007-08 as listed below:
FROM TO AMOUNT
13 Park Development Fund 12 Rec & Park District $ 37,990
12 Rec & Park District 83 Central Services Fund $719,000
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. APPROVAL OF FISCAL YEAR 2006-07 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS REDEVELOPMENT AGENCY TO FISCAL YEAR
2007-08.
Prepared by: Richard Storey, Assistant City Manager/Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board:
1. Authorize the appropriation of funds in Fiscal Year 2007-08 for the
carryover of continuing appropriations as detailed in Attachment A
and summarized as follows:
36 Low and Moderate Housing $1,798,350
Set-Aside Fund
September 24, 2007 Page 11
2. Authorize the appropriation of funds in Fiscal Year 2007-08 for items
encumbered at June 30, 2007 as detailed in Attachment B and
summarized below:
35 Civic Center Project Fund $ 7,200
37 Lincoln Avenue Project Fund $ 7,107
38 LART Project Fund $19,227
36 Low and Moderate Housing $11,419
Set-Aside Fund
3. Authorize the transfers of funds to support continuing appropriations
in Fiscal Year 2007-08 as listed below:
FROM TO AMOUNT
35 Civic Center Project Fund 15 City CIP Fund $227,999
13. CONSIDERATION OF AMENDMENT NO. 1 TO EXTEND THE TERM
OF THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE
AGENCY AND HOPKINS REAL ESTATE GROUP.
Prepared by: Steve Clarke, Redevelopment Project Manager
Recommended Action: That the Cypress Redevelopment Agency
approve Amendment No. 1 to the Exclusive Negotiation Agreement
(“ENA”) between the Agency and Hopkins Real Estate Group
(“Hopkins”) for the Agency owned 13.329 acre property located at the
northwest corner of Katella Avenue and Winners Circle (the “Site”), and
authorize the Agency Chair to execute the Amendment.
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
September 24, 2007 Page 12
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, October 8, 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
th
20 day of September, 2007.
________________________________
Denise Basham, 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 FRIDAY, SEPTEMBER 21, 2007, WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.