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Agenda 2010-02-08CALL TO ORDER 5:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 8, 2010 5:30 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. City Council Agendas /Minutes are available at www.ci.cypress.ca.us. February 8, 2010 Recess the meeting to Closed Session. CLOSED SESSION ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION 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) Yates v. City of Cypress Case Number 30- 2009 00118477 Orange County Superior Court CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) Number of Cases: Two 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 CITY MANAGER CITY ATTORNEY Page 2 February 8, 2010 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. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2010-01 AND TENTATIVE TRACT MAP NO. 17334, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT THIRTEEN (13) CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 8722 AND 8732 BELMONT STREET IN THE RM -20 RESIDENTIAL MULTIPLE FAMILY ZONE. Prepared bv: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2010 -01 and Tentative Tract Map No. 17334, subject to the conditions attached in Exhibit "A" of the Resolutions. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2010 -01 With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 17334 With Conditions. Page 3 February 8, 2010 2. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-07, A REQUEST TO CONSTRUCT A 2,501 SQUARE FOOT JACK IN THE BOX RESTAURANT WITH DRIVE THROUGH LOCATED AT 4901 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY 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 -07, subject to the conditions attached in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2009 -07 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 8) 3. APPROVAL OF MINUTES. Meeting of January 25, 2010. 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. Page 4 February 8, 2010 5. ADOPTION OF A RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010. Prepared bv: Andrew The. Administrative Services Manager Recommended Action: That the City Council adopt the Resolution by title only, title as follows, in support of the Local Taxpayer, Public Safety, and Transportation Act of 2010. A Resolution of the City Council of the City of Cypress, in Support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010. 6. ACCEPTANCE AND APPROPRIATION OF DONATION TO THE POLICE DEPARTMENT'S D.A.R.E. PROGRAM. Prepared bv: Mark Yokovama. Chief of Police Recommended Action: That the City Council: 1) Accept the donation of $5,000 from Cypress Stonehaven, LLC, to the City's General Fund (111-99999.3713 Donations/Contributions) to be used in the Police Department's D.A.R.E. Program; and 2) Approve the appropriation of a $5,000 donation to the Police Department's D.A.R.E. Program (111-50174.4103_004 General Fund, Crime Prevention /Community Relations Supplies Special Activity). 7. AWARD OF CONTRACT TO ALL STATE POLICE EQUIPMENT FOR THE PURCHASE OF HANDGUNS. Prepared bv: Mark Yokovama, Chief of Police Recommended Action: That the City Council: 1) Approve an Award of Contract to All State Police Equipment, 2821 Metropolitan Place, Pomona, California, in the amount of $63,100 for the purchase of sixty -six (66) handguns; and 2) Approve an Award of Contract to Adamson Police Products, 10764 Noel Street, Los Alamitos, California, in the amount of $7,200 for the purchase of sixty -six (66) handgun holsters and fifty -eight (58) magazine pouches; and 3) Approve the appropriation of $12,978 in the City's Equipment Replacement Fund (Account No. 721 95300.4305_200) from the buy -back of used handguns to offset the purchase of new handguns and related equipment; and 4) Increase estimated revenues in the City's Equipment Replacement Fund (Account No. 721 99999.3700) by $25,200 for the buy -back proceeds from the sale of the used handguns. Page 5 February 8, 2010 8. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 12104 THROUGH 12254. Prepared bv: Richard Storey, Assistant Citv Manager /Director of Finance and Administrative Services NEW BUSINESS Recommended Action: That the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2009 -10. No items. No items. END OF CONSENT CALENDAR RECREATION PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. 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. Page 6 February 8, 2010 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, February 22, 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 3 day of February, 2010. fea-aa/17) 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, FEBRUARY 5, 2010 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING. Page 7