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Agenda 2009-07-27 AGENDA CITY OF CYPRESS CITY COUNCIL PRO ESS REGULAR MEETING MONDAY, JULY 27, 2009 6:00 P.M., 7:00 P.M. Public Hearings at 7.•00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 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 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. July 27, 2009 Page 2 Recess the meeting to Closed Session. CLOSED CITY OF CYPRESS ITEMS: SESSION CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: John B. Bahorski, Richard Storey Employee Groups: Cypress Police Officers Association RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS PRESENTATION BY SANDRA MONTEZ, CYPRESS REPRESENTATIVE, O.C. VECTOR CONTROL DISTRICT, REGARDING ANNUAL UPDATE REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY July 27, 2009 Page 3 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 - 2) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO CITY FEES FOR ORANGE COUNTY FIRE AUTHORITY (OCFA) PERMIT PROCESSING SERVICES. Prepared by: Bob Decker, Building Official Recommended Action: That the City Council adopt the Resolution by title only, title as follows, amending and restating the Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park District Services and Activities. A Resolution of the City Council of the City of Cypress, Amending and Restating Resolution No. 6118 Establishing a Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park District Services and Activities. July 27, 2009 Page 4 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-03, A REQUEST TO ALLOW THE ONSITE SALE OF BEER AND WINE AT A NEW CHINESE RESTAURANT LOCATED AT 4139 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2009-03, 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. 2009-03 - With Conditions. 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. Ordinances on the Consent Calendar should be read by title only prior to taking any action. CONSENT CALENDAR (3 - 14) 3. APPROVAL OF MINUTES. Meeting of July 13, 2009. Prepared by: Denise Basham, City Clerk 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. July 27, 2009 Page 5 5. SECOND READING OF ORDINANCE AMENDING SANITARY SEWERS AND SEWER DISPOSAL CHARGES. Prepared by: Doug Dancs, Director of Public Works/City Engineer Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending Chapter 22, Sections 22-1, 22-3, and 22-7 of the Code of the City of Cypress relating to sewer and sewage disposal charges. An Ordinance of the City Council of the City of Cypress, Amending Sections 22-1, 22-3, and 22-7 of the Code of the City of Cypress Relating to Sewers and Sewage Disposal Charges. 6. DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES 2009 ANNUAL CONFERENCE. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council designate Council Member Phil Luebben as the voting delegate for the League of California Cities 2009 Annual Conference. 7. CONTINUED CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02, A REQUEST TO CONSTRUCT A STEALTH CELLULAR ANTENNA FACILITY ON THE ROOFTOP OF AN EXISTING OFFICE BUILDING LOCATED AT 5252 ORANGE AVENUE IN THE OP OFFICE PROFESSIONAL ZONE. Prepared by: 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. 2009-02, 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. 2009-02 - With Conditions. July 27, 2009 Page 6 8. REQUEST FOR FEE WAIVER - A REQUEST TO WAIVE THE DESIGN REVIEW COMMITTEE PERMIT APPLICATION FEE FOR THE REPLACEMENT OF THE MARQUEE SIGN AT THE LEXINGTON MIDDLE SCHOOL LOCATED AT 4351 ORANGE AVENUE IN THE PS PUBLIC & SEMI-PUBLIC ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council approve the fee waiver as requested. 9. APPROVAL OF COOPERATIVE AGREEMENT WITH THE CITY OF LA PALMA FOR THE DEL AMO BRIDGE IMPROVEMENT PROJECT. Prepared by: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council approve and authorize the City Manager to execute a Cooperative Agreement with the City of La Palma for the Del Amo Bridge Improvement Project. 10. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REPAIR AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2008-10. Prepared by: Jim Gorin, Associate Engineer Recommended Action: That the City Council approve the plans and specifications for Sewer Repair at Various Locations, Public Works Project No. 2008-10. 11. SPECIAL TAX LEVY FOR FY 2009-10 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for fiscal year 2009-10 within the District by adopting the Resolution by title only, title as follows, and authorize the Mayor to sign the Proposition 218 Certification. A Resolution of the City Council of the City of Cypress, California, Acting as the Legislative Body of Community Facilities District No. 1 (Sorrento Homes) of the City of Cypress, California, Authorizing the Levy of a Special Tax for Fiscal Year 2009-2010 Within Such Community Facilities District. July 27, 2009 Page 7 12. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2009. 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 June, 2009. 13. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 92048 THROUGH 92194 AND FISCAL YEAR 2009-10 FOR WARRANTS NO. 10001 THROUGH 10024. Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Years 2008-09 and 2009-10. Recreation and Park District Matters: 14. REPLACEMENT OF STORAGE SHED AND SUPPLIES FOR THE KIDS CORNER PROGRAM. Prepared by: Andrew Tse, Administrative Services Manager Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Appropriate $5,384.00 to Account No. 725-95300.4310_200 from the District's Equipment Replacement Fund for the replacement of one storage shed at Darrell Essex Park for the Kids Corner Program; and 2) Appropriate $10,000.00 to Account No. 212-90327.4103_004 of District's General Fund for the replacement of the contents of the storage sheds at Darrell Essex Park for the Kids Corner Program; and 3) Approve the transfer of $5,384.00 from the City's General Liability Fund (760-99999.4501_725) to the District's Equipment Replacement Fund (725-99999.3901_760) for the replacement of one storage shed at Darrell Essex Park for the Kids Corner Program; and 4) Approve the transfer of $10,000.00 from the City's General Liability Fund (760- 99999.4501212) to the District's General Fund (212-99999.3901 _760) for the replacement of the various toys and supplies for the Kids Corner Program. END OF CONSENT CALENDAR i July 27, 2009 Page 8 NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items. 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 15. CONSIDERATION OF CANCELLATION OF THE SECOND COUNCIL MEETING IN NOVEMBER 2009 (Council Member Luebben) Recommended Action: That the City Council consider the cancellation of the second Council meeting in November scheduled for November 23, 2009. .Reports on Committee Assignments .Other Items July 27, 2009 Page 9 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, August 10, 2009, 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 22"d day of July, 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, JULY 24, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.