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Agenda 2009-12-14CALL TO ORDER 5:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 14, 2009 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. 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. December 14, 2009 Recess the meeting to Closed Session. CLOSED SESSION RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS CITY OF CYPRESS ITEMS: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Quinonez v. City of Cypress Case Number 30- 2009 00122421 Orange County Superior Court PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1) Title: City Manager DONATION TO THE CITY OF CYPRESS FROM THE BANDAI FOUNDATION PRESENTATION BY THE ORANGE COUNTY FIRE AUTHORITY REGARDING THE FIRE WATCH ALERT PROGRAM ORANGE COUNTY HUMAN RELATIONS COUNCIL ANNUAL UPDATE Page 2 December 14, 2009 Page 3 CITY COUNCIL ELECTION OF MAYOR AND MAYOR PRO TEM REORGANIZATION REMARKS PRESENTATIONS PRESENTATION OF MAYOR'S PLAQUE TO OUTGOING MAYOR DOUG BAILEY RECESS 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 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. December 14, 2009 Page 4 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. CONTINUATION OF A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-05, TENTATIVE TRACT MAP NO. 17334, AND VARIANCE NO. 2009-01, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT NINE (9) CONDOMINIUM UNITS WITH A VARIANCE TO ALLOW AN INCREASE IN THE ALLOWABLE DENSITY FOR THE PROPERTY LOCATED AT 8732 BELMONT STREET WITHIN THE RM -20 RESIDENTIAL MULTIPLE FAMILY ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council continue its consideration of this item to the meeting of January 11, 2010, per the applicant's request. 2. A PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2009 -04, A CITY- INITIATED ACTION TO MODIFY THE DENSITY BONUS SECTION OF THE CYPRESS ZONING ORDINANCE (SECTIONS 3.12.020 THROUGH 3.12.070) TO COMPLY WITH CURRENT STATE REQUIREMENTS. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2009 -04. An Ordinance of the City Council of the City of Cypress, California, Amending the Cypress Municipal Code, Appendix I Zoning, Sections 3.12.020 through 3.12.070 Relating to Density Bonus Provisions to be Consistent with Current State Requirements. December 14, 2009 Page 5 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 —15) 3. APPROVAL OF MINUTES. Meeting of November 9, 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. 5. SECOND READING OF ORDINANCES ADOPTING MODIFICATIONS TO THE CYPRESS MUNICIPAL CODE AND CYPRESS ZONING ORDINANCE RELATED TO WATER EFFICIENT LANDSCAPE REQUIREMENTS. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Ordinances by title only, titles as follows, adopting modifications to the Cypress Municipal Code and Cypress Zoning Ordinance related to water efficient landscape requirements. An Ordinance of the City Council of the City of Cypress, California, Adding a New Chapter 29 to the Cypress Municipal Code Relating to Water Conservation and Water Efficient Landscaping. An Ordinance of the City Council of the City of Cypress, California, Amending Sections 3.13.010, 3.13.020, 3.13.030, 3.13.040, and 3.13.070 of the Cypress Zoning Ordinance. December 14, 2009 Page 6 6. ACCEPTANCE OF FISCAL YEAR 2008 -2009 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Prepared bv: Steve Clarke, Redevelopment Project Manager Recommended Action: That the City Council accept and direct staff to file the Fiscal Year 2008 -2009 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31, 2009. 7. ACCEPTANCE OF CERRITOS AVENUE AND ORANGE AVENUE SEWER REPAIR, PUBLIC WORKS PROJECT NOS. 2008 -24 AND 2008 -32. Prepared bv: Jim Gorin, Associate Engineer Recommended Action: That the City Council: 1) Accept the Cerritos Avenue and Orange Avenue Sewer Repair, Public Works Project Nos. 2008 -24 and 2008 -32, as being satisfactorily completed in conformance with the project specifications, in the final amount of $502,688.62; and 2) Approve the final retention payment of $50,268.86 to Excel Paving Company, Long Beach, California, thirty five (35) days after Notice of Completion is filed, if no claims or objections have been filed; 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. 8. AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON -CALL TRAFFIC ENGINEERING DESIGN SERVICES. Prepared by: Keith Carter, Associate Engineer/Traffic Recommended Action: That the City Council: 1) Award a Professional Contract Services Agreement for On -Call Traffic Engineering Design Services to Iteris, Santa Ana, California, and direct the Director of Public Works /City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On -Call Traffic Engineering Design Services to RBF Consulting, Irvine, California, and direct the Director of Public Works /City Engineer to act as Contract Officer. December 14, 2009 Page 7 9. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT MINI -GRANT PROGRAM FOR 2009 -2010. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for 2009 -2010; and 2) Increase estimated revenues (114- 50183.3525 Grants Miscellaneous) in the FY 2009 -2010 General Fund Grants for the grant total of $19,477; and 3) Approve appropriations from the General Fund Grants as follows: 114-50183.4002_21 (Overtime) in the amount of $19,477. 10. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT. Prepared by: Mark Yokovama, Chief of Police Recommended Action: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (114-50183.3525 Grants Miscellaneous) in the FY 2009 -2010 General Fund Grants for the grant total of $16,560; and 3) Approve appropriations in FY 2009 -2010 in the General Fund Grants as follows: 114-50183.4003_21 (Overtime) in the amount of $16,560. 11. APPROPRIATION OF FUNDS (FY 2009 -2010) FOR OFFICE OF TRAFFIC SAFETY "AVOID THE 28" DRIVING UNDER THE INFLUENCE GRANT. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council: 1) Increase estimated revenues (114-50183.3525 Grants Miscellaneous) in the FY 2009 -2010 General Fund Grants in the amount of $25,000; and 2) Approve appropriations from the General Fund Grants as follows: 114-50183.4003_21 (Overtime) in the amount of $25,000. December 14, 2009 Page 8 12. ADOPTION OF A RESOLUTION ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS. Prepared by: Mark Yokovama, Chief of Police Recommended Action: That the City Council adopt the Resolution by title only, title as follows, adopting Revised Orange County Taxi Administration Program Regulations. A Resolution of the City Council of the City of Cypress, California, Adopting Revised Orange County Taxi Administration Program Regulations. 13. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 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 October, 2009. 14. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 11083 THROUGH 11574. 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 Year 2009 -10. Recreation Park District: Matters: 15. APPROVAL OF FUND TRANSFER AND PURCHASE OF PORTABLE SOUND SYSTEM. Prepared by: June Liu, Director of Recreation Community Services Recommended Action: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Appropriate $950 from the Recreation and Park District Unreserved General Fund and transfer to the Recreation and Park District small tools and equipment account 212 90301.4113; and 2) Approve the purchase of a Fender portable sound system with microphone, cables, and speaker stand to use during District programs. END OF CONSENT CALENDAR December 14, 2009 Page 9 NEW BUSINESS (16) 16. APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council confirm the Mayor's appointments to the various organizations and committees. RECREATION PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS (17) The Cypress City Council, Acting as the Cypress Redevelopment Agency. NEW BUSINESS: 17. ELECTION OF AGENCY CHAIR AND VICE CHAIR. Prepared by: Denise Basham, City Clerk Recommended Action: That the Cypress Redevelopment Agency conduct an election for its Chair and Vice Chair for one -year terms, expiring in December 2010. 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. December 14, 2009 Page 10 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, January 11, 2010, 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 9 day of December, 2009. fkfraLt_ /60}0-eika,ni) 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, DECEMBER 11, 2009 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.