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Agenda 2009-04-13 h .r~_ AGENDA ~ CITY OF CYPRESS ~ CITY COUNCIL PRO ESS REGULAR MEETING MONDAY, APRIL 13, 2009 6:30 P.M., 7:00 P.M. Public Hearings at 7:00 P. M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL MAYOR/AGENCY CHAIR DOUG BAILEY MAYOR PRO TEM/AGENCY VICE CHAIR PRAKASH NARAIN COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER LEROY MILLS COUNCILMEMBER/BOARD MEMBER TODD SEYMORE Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION PUBLIC EMPLOYEE DISCIPLINE/DISMISSAVRELEASE (Pursuant to Government Code Section 54957) 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 failo~%ing Agenda. Supporting documents, including staff reports, are available for review in the City Clerk's affiee. Cit CounciiA er~daslMinutes are available at www.ci.cy ress.ca.us= April 13, 2009 Page 2 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS RECOGNITION OF CYPRESS POLICE OFFICERS RECOGNITION OF CYPRESS HIGH SCHOOL STUDENT SAM BARRERA 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 fo 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. II April 13, 2009 Page 3 PUBLIC HEARINGS (1 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the Cify Council and/or the Cypress Redevelopment Agency. 1. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-02, A REQUEST BY ALTAMED HEALTH SERVICES CORPORATION TO ESTABLISH AN ADULT DAY HEALTH CARE CENTER WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 5175 BALL ROAD IN THE OP OFFICE PR FESSIONAL ZONE. O Prepared by: Doug Hawkins, Planning Manager ~I Recommended Action: That the City Council adopt the Resolution i by title only, title as follows, approving Conditional Use Permit No. 2009-02, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2009-02 -With Conditions. i 2. A PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-14, A REQUEST TO UPGRADE AN EXISTING ON-SALE BEER AND WINE LICENSE TO AN ON-SALE GENERAL ALCOHOL LICENSE FOR THE WOODFIN SUITES HOTEL LOCATED AT 5905 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. Prepared bv: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 88-14, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 88-14 -With Conditions. April 13, 2009 Page 4 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. Meeting of March 23, 2009. Prepared by: Denise Basham, City Clerk i 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. 5. PROCLAIMING THE MONTH OF APRIL 2009 AS "DMV/DONATE LIFE CALIFORNIA 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 April 2009 as "DMV/Donate Life California Month" in the City of Cypress. 6. PROCLAIMING THE WEEK OF APRIL 19-26, 2009 AS "DAYS OF REMEMBRANCE" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the Mayor and City Council officially proclaim the week of April 19-26, 2009 as "Days of Remembrance" in the City of Cypress. April 13, 2009 Page 5 7. EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-13 AND I'I DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07, A REQUEST FOR AONE-YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP PLANNED BUSINESS PARK ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving one (1) year extensions of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 (until April 28, 2010), subject to the original conditions of approval. A Resolution of the City Council of the City of Cypress, Approving aOne-Year Extension of Conditional Use Permit No. 2007-13 -With Conditions. A Resolution of the City Council of the City of Cypress, Approving aOne-Year Extension of Design Review Committee Permit No. 2007-07 -With Conditions. 8. SUPPLEMENTAL APPROPRIATION AND AWARD OF CONTRACT FOR PURCHASE OF GRANT FUNDED PUBLIC SAFETY RADIOS. Prepared bv: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Appropriate $73,000 from the unreserved fund balance of the Equipment Replacement Fund (account 4305-90-656-35); and 2) Increase estimated revenues in the Equipment Replacement Fund by $58,400 (account 3525-90); and 3) Approve an operating transfer for $14,600 from the City's Narcotics Asset Seizure Fund (account 2200-28) to the City's Equipment Replacement Fund (1200-90); and 4) Dispense with the formal bidding process and award a contract not to exceed $73,000 to Motorola, Inc. under the terms of the pre-negotiated County of Orange Radio Purchase Agreement Number S0000015.95. April 13, 2009 Page 6 9. ACCEPTANCE OF 2008/09 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2008-17. Prepared by: Nick Mangkalakiri, Assistant Engineer Recommended Action: That the City Council: 1) Accept the 2008/09 Residential and Arterial Streets Overlay, Public Works Project No. 2008-17, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,366,662.35; and 2) Approve the final retention payment of $136,666.24 to All American Asphalt Inc., Corona, California, and 3) 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. 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 90535 THROUGH 90770. Prepared bv: 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 2008-09. END OF CONSENT CALENDAR NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. April 13, 2009 Page 7 CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. 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 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, April 27, 2009, beginning at 5:00 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 8th day of April, 2009. 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, APRIL 10, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.