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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.