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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.