Agenda 2010-01-11CALL TO ORDER 6:30 P.M.
Council Chambers
ROLL CALL
AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, JANUARY 11, 2010
6:30 P.M., 7:00 P.M.
Public Hearings at 7:00 P.M.
MAYOR/AGENCY CHAIR PRAKASH NARAIN
MAYOR PRO TEM /AGENCY VICE CHAIR DOUG BAILEY
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.
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City Council Agendas /Minutes are available at www.ci.cypress.ca.us.
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January 11, 2010 Page 2
Recess the meeting to Closed Session.
CLOSED
SESSION
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
INTRODUCTION OF NEW CYPRESS POLICE
OFFICER BROOK MARSHALL
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
PRESENTATION BY OLIVE GARDEN RESTAURANT
ON ORGANIC WASTE
January 11, 2010 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)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council and /or the Cypress Redevelopment
Agency.
1. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT
NO. 2008 -03 AND VARIANCE NO. 2009-02, A REQUEST TO
CONSTRUCT AN ADDITION WITH A REDUCED SIDE YARD
SETBACK ON AN EXISTING PUMP STATION BUILDING
LOCATED AT 4363 BALL ROAD IN THE PS PUBLIC AND
SEMI PUBLIC ZONE.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Resolutions
by title only, titles as follows, approving Conditional Use Permit
No. 2008 -03, subject to the conditions attached in Exhibit "A" of the
Resolution, and Variance No. 2009 -02.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2008 -03
With Conditions.
A Resolution of the City Council of the City of Cypress,
Granting a Variance From the Terms of the Zoning
Ordinance of the City of Cypress, Section 2.08.040.A,
Table 2 -16 to Allow a Twelve -Foot (12') Side Yard
Setback Instead of the Required Twenty -Five Feet (25').
January 11, 2010 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. Ordinances on the Consent Calendar should be read by title
only prior to taking any action.
CONSENT CALENDAR (2 18)
2. APPROVAL OF MINUTES.
Meeting of December 14, 2009.
Prepared bv: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
3. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES
AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY
TITLE ONLY AND TO WAIVE FURTHER READING.
4. SECOND READING OF 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 bv: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt 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.
January 11, 2010 Page 5
5. ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY
MANAGER OR DESIGNEE TO DENY, COMPROMISE OR SETTLE
CERTAIN LIABILITY, WORKER'S COMPENSATION, AND
PERSONNEL CLAIMS AND ACTIONS AGAINST THE CITY AND
BY THE CITY AGAINST THIRD PARTIES NOT TO EXCEED
SPECIFIED AMOUNTS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, authorizing the City Manager of the City of
Cypress, or the City Manager's authorized designee, to deny,
compromise or settle certain liability, worker's compensation, and
personnel claims and actions against the City and by the City against
third parties not to exceed specified amounts.
A Resolution of the City Council of the City of Cypress,
Authorizing the City Manager of the City of Cypress, or
the City Manager's Authorized Designee, to Deny,
Compromise or Settle Certain Liability, Worker's
Compensation, and Personnel Claims and Actions
Against the City of Cypress and by the City Against
Third Parties Not to Exceed Specified Amounts.
6. DESIGN REVIEW COMMITTEE PERMIT NO. 2009-06, A REQUEST
TO CONSTRUCT A 6,000 SQUARE FOOT MEDICAL OFFICE
BUILDING ON THE PROPERTY LOCATED AT 5001 CERRITOS
AVENUE IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 2009 -06, 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 -06 With Conditions.
January 11, 2010 Page 6
7. TRANSFER FUNDS FOR PURCHASE OF A DOCUMENT
SCANNER FOR THE POLICE RECORDS BUREAU.
Prepared by: Mark Yokovama, Chief of Police
Recommended Action: That the City Council: 1) Approve the
appropriation of $5,700 to the City's Equipment Replacement Fund
(721- 95300.4305_200); and 2) Transfer funds from the Narcotic Asset
Seizure Fund (281-99999.4501_721) to the Equipment Replacement
Fund (721- 99999.3901 _281) for the purchase of a document scanner
for the Police Records Bureau.
8. APPROPRIATION OF FUNDS FOR THE PURCHASE OF A
REPLACEMENT DIGITAL IMAGING MANAGEMENT SYSTEM
(DIMS) COMPUTER.
Prepared by: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Dispense with the
formal competitive bidding process, pursuant to City Code Section
21 -A10C, D, and F, since the Digital Imaging Management System is
a proprietary product and Linear Systems is the sole source vendor;
and 2) Appropriate $5,811 to account number 721 95200.4305_300
(Capital Outlay Computer Hardware /Software) from the Equipment
Replacement Fund (90) fund balance, for the purchase of one (1) new
Digital Imaging Management System computer system.
9. FUNDING OF NEW CLOSED CIRCUIT TELEVISION (CCTV)
SYSTEM FOR THE POLICE DEPARTMENT UTILIZING THE
NARCOTIC ASSET FORFEITURE FUND.
Prepared by: Mark Yokovama, Chief of Police
Recommended Action: That the City Council: 1) Approve the
increase in appropriations in the Capital Improvement Projects Fund
by $199,704 to account number 415 80600 8061.4186 (Public Facility
Project, Public Works Contracts) for the purchase and installation of
a replacement Closed Circuit Television system; and 2) Approve the
transfer of $199,704 from the Narcotics Asset Seizure Fund
(281-99999.4501_415) to the City's Capital Improvement Fund
(415-99999.3901_281).
January 11, 2010 Page 7
10. APPROPRIATION OF NARCOTIC ASSET SEIZURE FUNDS FOR
POLICE DEPARTMENT PURCHASES.
Prepared by: Mark Yokovama, Chief of Police
Recommended Action: That the City Council: 1) Approve the
appropriation of $15,000 from the fund balance of the Narcotic Asset
Seizure Fund to the Equipment Rental Account (281- 50179.4215) for
Rental Vehicles; and 2) Approve the listed appropriations from the
fund balance of the Narcotic Asset Seizure Fund: $5,000 for
Transcription Services to 281 50179.4187_022 (Narcotic Asset
Seizure Fund Contract Services Private Other Police Contracts),
$2,500 for MDC Software Upgrade to 281 50179.4116 (Narcotic
Asset Seizure Fund Computer Hardware /Software), $5,000 for
Portable Radio Batteries to 281 50179.4113 (Narcotic Asset Seizure
Fund Small Tools and Equipment, and $10,000 for miscellaneous
and future unanticipated expenses to 281- 50179.4103_004 (Narcotic
Asset Seizure Fund Supplies Special Activity).
11. APPROVAL OF SECOND AMENDMENT TO CITY MANAGER
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS
AND JOHN B. BAHORSKI.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council approve the Second
Amendment to City Manager Employment Agreement Between the City
of Cypress and John B. Bahorski.
12. ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL
FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the
Auditor's Letter to City Council.
January 11, 2010 Page 8
13. ACCEPTANCE OF THE REPORT ON AGREED -UPON
PROCEDURES APPLIED TO THE CITY OF CYPRESS'
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING
JUNE 30, 2010.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the report
on Agreed -Upon Procedures Applied to the City of Cypress'
Appropriation Limit for the Fiscal Year Ending June 30, 2010.
14. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council receive and file the report.
15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 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 November, 2009.
16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS
NO. 11575 THROUGH 11979.
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.
January 11, 2010 Page 9
Recreation Park District Matters:
17. ACCEPTANCE OF THE REPORT ON AGREED -UPON
PROCEDURES APPLIED TO THE CYPRESS RECREATION AND
PARK DISTRICT'S APPROPRIATION LIMIT FOR THE FISCAL YEAR
ENDING JUNE 30, 2010.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
18. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT
OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE
FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
NEW BUSINESS
Recommended Action: That the City Council, acting as the ex- officio
Board of Directors of the Cypress Recreation and Park District, receive
and file the report on Agreed -Upon Procedures Applied to the Cypress
Recreation and Park District's Appropriation Limit for the Fiscal Year
Ending June 30, 2010.
Recommended Action: That the City Council, acting as the ex- officio
Board of Directors of the Cypress Recreation and Park District, receive
and file the report.
No items.
END OF CONSENT CALENDAR
RECREATION PARK DISTRICT MATTERS
The Cypress City Council, Acting as the Ex- Officio Governing Board
of Directors.
No items.
January 11, 2010 Page 10
CYPRESS REDEVELOPMENT AGENCY MATTERS
The Cypress City Council, Acting as the Cypress Redevelopment
Agency.
CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one
motion unless a member of the Redevelopment Agency requests separate
action on a specific item.
CONSENT CALENDAR (19)
19. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT
OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL
YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board receive and file the report.
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
January 11, 2010
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, January 25, 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
6 day of January, 2010.
laut-uo-e_
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, JANUARY 8, 2010 WILL ENABLE THE
CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.
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