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Agenda 2008-02-11 ~ ,n-~... ~ AGENDA _ ~ CITY OF CYPRESS CITY COUNCIL ~o Fss REGULAR MEETING MONDAY, FEBRUARY 11, 2008 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 TODD SEYMORE MAYOR PRO TEM/AGENCY VICE CHAIR LEROY MILLS COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER PRAKASH NARAIN ORAL COMMUNICATIONS The public may at this time address the members of the City Council and the Cypress Redeve/opment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redeve/opment Agency, prior to any action taken on the Agenda. No action may be taken on off-Agenda items except as authorized by /aw. 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. Cit Council A endas/Minutes are available at www. ci. c ress. ca. us. February 11, 2008 Page 2 WORKSHOP CALIFORNIA REDEVELOPMENT OVERVIEW SESSION Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6(a) Agency Negotiators: William Wynder and Richard Storey Unrepresented Employee: City Manager RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENTATION BY MOTHERS AGAINST DRUNK DRIVING (MADD) TO CYPRESS POLICE OFFICER PAULO MORALES REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY February 11, 2008 Page 3 ORAL COMMUNICATIONS (L/M/TED TO ONE-HALF HOUR) The public may at this time address the members of the City Council and the Cypress Redeve/opment 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 /aw. Speakers are requested to limit their comments to no more than three minutes each. If you wou/d like to address the City Council, p/ease comp/ete the white SPEAKER'S CARD. The card is available at the speaker's podium or from the City C/erk. Please identify on the card your name, address, and the item on which you wou/d 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, Un/ess Extended by the City Council and/or the Cypress Redeve/opment Agency. 1. AN ADMINISTRATIVE HEARING REGARDING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S CONDITIONS OF APPROVAL FOR SMOKING LOUNGE PERMIT NO. 2007-01 FOR THE CAFE ODYSSEY LOCATED AT 6306 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Prepared bv: Douq Hawkins, Senior Planner Recommended Action: That the City Council: 1) Deny the applicant's appeal requesting an extension in the hours of operation for the Cafe Odyssey; and 2) Uphold the Director's conditions of approval for Smoking Lounge Permit No. 2007-01, as set forth in Exhibit "E" of the report. February 11, 2008 Page 4 CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion un/ess a member of the Council requests separate action on a specific item. Ordinances on the Consent Calendar for second reading shou/d be read by title on/y prior fo their adoption. CONSENT CALENDAR (2 -13) 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3. SECOND READING OF AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO STREET TREES TO BE CONSISTENT WITH THE PARKWAY TREE POLICY. Prepared bv: Antonia Castro, Manaaement Analvst Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, repealing certain provisions of the Municipal Code relating to street trees. An Ordinance of the City Council of the City of Cypress, California, Repealing Certain Provisions of the Municipal Code Relating to Street Trees to Maintain Consistency With the Council Adopted Parkway Tree Policy. 4. APPROVAL OF MINUTES. Meeting of January 28, 2008 Prepared bv: Denise Basham. Citv Clerk Recommended Action: Approve as submitted. 5. A FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 97-10 REGARDING THE EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 6555 KATELLA AVENUE. Prepared bv: Kori Nevarez, Associate Planner Recommended Action: That the City Council receive and file the report. w . . . . February 11, 2008 Page 5 6. DESIGN REVIEW COMMITTEE PERMIT NO. 2007-08, A REQUEST TO INSTALL A STEALTH CELLULAR ANTENNA FACILITY ON AN EXISTING MEDICAL OFFICE BUILDING LOCATED AT 5177 BALL ROAD WITHIN THE OP OFFICE PROFESSIONAL ZONE. Prepared bv: Kori Nevarez. Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2007-08, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 2007-08 - With Conditions. 7. ACCEPTANCE OF IMPROVEMENT OF MOODY STREET FROM NORTH CITY LIMIT TO LINCOLN AVENUE, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2, PUBLIC WORKS PROJECT NO. 2005-15. Prepared bv: Jim Gorin Associate Enqineer Recommended Action: That the City Council: 1) Approve Contract Change Order No. 2 to All American Asphalt, 400 E. 6th Street, Corona, California 91718, in the amount of $50,144.74; and 2) Accept the Improvement of Moody Street, Public Works Project No. 2005-15, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,081,846.26; and 3) Approve the final retention payment of $108,184.63 to All American Asphalt, Corona, California; and 4) 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. 8. APPROVAL OF AMENDMENT NO. 1 TO ORANGE COUNTY TRANSPORTATION AUTHORITY'S "GO LOCAL" COOPERATIVE AGREEMENT NO. C-7-0773 FOR DEADLINE EXTENSION. Prepared bv: Kamran Dadbeh, Assistant Citv Enqineer Recommended Action: That the City Council: 1) Approve and authorize the City Manager to execute Amendment No. 1 to Cooperative Agreement No. C-7-0773 "Go Local" program, befinreen the Orange County Transportation Authority (OCTA) and the City of Cypress; and 2) Authorize an increase in Estimated Revenues by $100,000 in Account No. 3525-39 (Other Grants) for the receipt of funds from the OCTA; and 3) Authorize the appropriation of funds received from OCTA, in the amount of $100,000, to Account No. 4186-39-893-21. February 11, 2008 Page 6 9. APPROVAL OF AMENDMENT NO. 1 TO ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM, CONTRACT NO. 0601, PUBLIC WORKS PROJECT NO. 2006-18. Prepared bv: Kamran Dadbeh, Assistant Citv Enaineer Recommended Action: That the City Council approve and authorize the City Manager to execute Amendment No. 1 to the Orange County Sanitation District (OCSD) Cooperative Projects Program, Contract No. 0601, for Sewer Condition Assessment Plan, Public Works Project No. 2006-18. 10. APPROVAL OF COUNTY PROPOSITION 42 - CITY AID PROGRAM AGREEMENT FOR FISCAL YEAR 2008/09. Prepared bv: Nick Manqkalakiri, Assistant Enqineer Recommended Action: That the City Council: 1) Approve and authorize the City Manager to execute the agreements as required in the County's Proposition 42 - City Aid Program (CAP); and 2) Authorize an increase in Estimated Revenues by $165,383 in Account No. 3525-22 (Other Grants) for the receipt of funds from the County of Orange; and 3) Authorize the appropriation of funds received from the County of Orange, in the amount of $165,383, to Account No. 4187-22-493-21, for use in the fiscal year 2008-09 Arterial Pavement Rehabilitation Project. 11. APPROVAL OF AGREEMENT TO TRANSFER FUNDS FOR 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM. Prepared bv: Rick Hicks. Chief of Police Recommended Action: That the City Council: 1) Accept an Emergency Management Performance Grant check in the amount of $3,110 from the County of Orange; and 2) Approve an increase to estimated revenues in the General Fund in Other Grants, account number 3525- 11-999-99, in the amount of $3,110 for the 2007 Emergency Management Performance Grant; and 3) Approve the appropriation of $3,110 from the 2007 Emergency Management Performance Grant to the unreserved fund balance of the General Fund to Small Tools and Equipment Emergency Services account number 4113-11-180-05, for the purchase of various emergency services equipment; and 4) Authorize the Mayor to execute finro (2) original copies of the "Agreement to Transfer Funds for 2007 Emergency Management Performance Grant Program." February 11, 2008 Page 7 12. APPROVAL OF FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND JOHN B. BAHORSKI. Prepared bv: Richard Storev, Assistant Citv Manaaer/Director of Finance and Administrative Services Recommended Action: That the City Council approve the First Amendment to City Manager Employment Agreement Between the City of Cypress and John B. Bahorski. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 84613 THROUGH 84856. Pre4ared bv: Richard Storev, Assistant Citv Manas~er/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 The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. February 11, 2008 Page 8 CYPRESS REDEVELOPMENT AGENCY MATTERS (14) The Cypress City Council, Acting as the Cypress Redevelopment Agency. NEW BUSINESS: 14. ADOPTION OF A NEIGHBORHOOD IMPROVEMENT PLAN FOR THE LEMON AND LIME NEIGHBORHOOD. Prepared bv: Steve Clarke, Redevelopment Proiect Manaaer Recommended Action: That the Redevelopment Agency Board consider adoption of a Neighborhood Improvement Plan for the City's Lemon and Lime neighborhood, which was prepared in partnership with Jamboree Housing Corporation. ORAL COMMUNICATIONS The public may at this time address the members of the City Council and the Cypress Redeve/opment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redeve/opment 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 15. "IN GOD WE TRUST" LETTERING (Mayor Pro Tem Mills) Recommended Action: That the City Council discuss the placement of "In God We Trust" lettering in the Council Chambers and provide direction to staff. •Reports on Committee Assignments •Other Items ITEMS FROM CITY MANAGER February 11, 2008 Page 9 ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, February 25, 2008, 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 6'h day of February, 2008. ~~e~~A~ 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, FEBRUARY 8, 2008, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.