Agenda 2008-02-11 ~
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~ AGENDA
_ ~ CITY OF CYPRESS
CITY COUNCIL
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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.