Agenda 2009-10-26AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 26, 2009
5:00 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
CALL TO ORDER 5:00 P.M.
Executive Board Room
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.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
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.
October 26, 2009 Page 2
WORKSHOP
SESSION
Recess the meeting to Closed Session.
CLOSED
SESSION
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
PRESENTATION OF RECREATION INFRASTRUCTURE
STUDY
CITY OF CYPRESS ITEMS:
RECONVENE 7:00 P.M.
Council Chambers
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Blythe v. North Orange County Community
College District, et al.
Case Number 30- 2008 00103466
Orange County Superior Court
INTRODUCTION OF ORANGE COUNTY FIRE
AUTHORITY CHIEF KEITH RICHTER
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
October 26, 2009
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 GENERAL PLAN AMENDMENT
NO. 2009 -01, ZONING ORDINANCE AMENDMENT NO. 2009-02,
AND LINCOLN AVENUE SPECIFIC PLAN AMENDMENT NO.
2009 -01, A CITY INITIATED PROPOSAL TO ALLOW AN
INCREASE IN THE MAXIMUM RESIDENTIAL DENSITY WITHIN
LIMITED AREAS IN THE LINCOLN AVENUE SPECIFIC PLAN
AREA AND ADD PROVISIONS FOR EMERGENCY SHELTERS,
TRANSITIONAL HOUSING, AND SUPPORTIVE HOUSING IN
ACCORDANCE WITH PROGRAMS 14, 14A, 14B, AND 17 OF THE
ADOPTED 2008 -2014 HOUSING ELEMENT OF THE CYPRESS
GENERAL PLAN.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council: 1) Adopt the Mitigated
Negative Declaration and the associated Mitigation Monitoring Program
in accordance with the requirements of the California Environmental
Quality Act; and 2) Adopt the Resolution by title only, title as follows,
approving General Plan Amendment No. 2009 -01; and 3) Introduce for
first reading the Ordinance by title only, title as follows, approving
Zoning Ordinance Amendment No. 2009 -02; and 4) Introduce for first
reading the Ordinance by title only, title as follows, approving Lincoln
Avenue Specific Plan Amendment No. 2009 -01.
Page 3
October 26, 2009 Page 4
A Resolution of the City Council of the City of Cypress,
Adopting General Plan Amendment No. 2009 -01,
Increasing the Maximum Residential Density in the
Lincoln Avenue Specific Plan Area From 20 to 30
Units Per Acre.
An Ordinance of the City Council of the City of Cypress,
California, Amending Section 6.31.020.S and 6.31.020.T,
Section 3.17.220.b.2.a., and Section 3.17.240 of the
Cypress Zoning Ordinance Adding Definitions for
Supportive Housing and Transitional Housing; Amending
the Definition for Emergency Shelters; Adding Temporary
Emergency Shelters to Uses Exempt From a Temporary
Use Permit in the PS Zone; and Adding Performance
Standards for Emergency Shelters.
An Ordinance of the City Council of the City of Cypress,
California, Adopting an Amendment to the Lincoln
Avenue Specific Plan Sections as Follows: Section 4.3,
Land Use Character and Exhibit 3, Land Use Map;
Section 4.4, Table 1, Permitted Land Use Matrix; Section
4.5, Table 2, Development Standards Matrix, by
Adding a New R30 Residential District with a Maximum
Density of 30 DU /Acre and Adding Corresponding
Development Standards; Increasing the Maximum
Density in the RM District to 30 DU /Acre; Allowing
Residential Developments by Right in the RM and R30
Districts; Allowing Community Care Facilities by Right
in Districts Permitting Residential Uses; and Adding
Emergency Shelters to the Permitted Uses in the CM
District of the Specific Plan Area.
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 (2 —8)
2. APPROVAL OF MINUTES.
Meeting of October 12, 2009.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
October 26, 2009
3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
4. PROCLAIMING NOVEMBER 4, 2009 AS "LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF
CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the Mayor and City Council officially
proclaim November 4, 2009 as "Law Enforcement Records and
Support Personnel Day" in the City of Cypress.
5. CONFIRMATION OF APPOINTMENT TO FILL VACANCY ON THE
RECREATION AND COMMUNITY SERVICES COMMISSION.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council confirm the appointment
of Tom Ferguson to fill the vacancy on the Recreation and
Community Services Commission.
6. ACCEPTANCE OF 2008/09 SLURRY SEAL PROJECT, PUBLIC
WORKS PROJECT NO. 2008 -13.
Prepared by: Nick Mangkalakiri, Assistant Engineer
Recommended Action: That the City Council: 1) Accept the 2008/09
Slurry Seal Project, Public Works Project No. 2008 -13, as being
satisfactorily completed in conformance with the project specifications,
in the final amount of $1,900,069.35; and 2) Approve the final retention
payment of $190,006.94 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.
7. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
SEPTEMBER, 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 September, 2009.
Page 5
October 26, 2009
8. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS
NO. 10693 THROUGH 10925.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
NEW BUSINESS (9)
Recommended Action: That the City Council approve the attached
warrant registers and wire transfers for Fiscal Year 2009 -10.
END OF CONSENT CALENDAR
9. CONSIDERATION OF AN ORDINANCE AMENDING THE
PROVISIONS OF CHAPTER 5, ARTICLE X, OF THE CYPRESS
MUNICIPAL CODE RELATING TO FLOODPLAIN MANAGEMENT.
Prepared by: Alvin Papa, Senior Civil Engineer
Recommended Action: That the City Council introduce for first reading
the Ordinance by title only, title as follows, amending provisions of
Chapter 5, Article X of the Cypress Municipal Code relating to
floodplain management.
An Ordinance of the City Council of the City of Cypress,
California, Amending Provisions of the Cypress
Municipal Code Relating to the Floodplain
Management Plan.
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.
Page 6
October 26, 2009 Page 7
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, November 9,
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
21 day of October, 2009.
Lam.. etcaLin
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, OCTOBER 23, 2009 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.