Agenda 2010-09-27AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 27, 2010
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 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.
September 27, 2010
WORKSHOP SESSION OVERVIEW OF UPDATED PROPOSED POLICY
RELATED TO ATHLETIC FACILITY ALLOCATION,
USAGE, AND SCHEDULING PROCEDURES
Recess the meeting to Closed Session at 6:30 p.m.
CLOSED
SESSION
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
CITY OF CYPRESS ITEMS:
RECONVENE 7:00 P.M.
Council Chambers
CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Pursuant to Government Code Section
54956.9(b)(1) (3)(A)
Number of Cases: Two
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Pursuant to Government Code Section 59456.9(a)
Melim v. City of Cypress
Case No. 30- 2009 00117552
Orange County Superior Court
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
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September 27, 2010
PRESENTATIONS
INTRODUCTION OF NEW CYPRESS POLICE
LIEUTENANT JIM OLSON AND SERGEANT
DARRELL BALDWIN
CAPITAL IMPROVEMENT PROGRAM UPDATE
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.
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September 27, 2010
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. 2010-09, A REQUEST TO ESTABLISH A TRADENOCATIONAL
SCHOOL WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED
AT 6251 KATELLA AVENUE IN THE PC -4 PLANNED COMMUNITY
BUSINESS PARK ZONE.
Prepared bv: Doug Hawkins. Planning Manager
Recommended Action: That the City Council adopt the Resolution
by title only, title as follows, approving Conditional Use Permit
No. 2010 -09, 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. 2010 -09
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 (2 —13)
2. APPROVAL OF MINUTES.
Meeting of September 13, 2010.
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.
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September 27, 2010
4. SECOND READING OF ZONING ORDINANCE AMENDMENT NO.
2010 -02, A CITY INITIATED ACTION TO MODIFY SECTION 3.16
OF THE CYPRESS ZONING ORDINANCE RELATING TO
WIRELESS COMMUNICATIONS (ANTENNA REGULATIONS).
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Ordinance by
title only, title as follows, approving Zoning Ordinance Amendment
No. 2010 -02.
An Ordinance of the City Council of the City of Cypress,
Amending the Cypress Municipal Code, Appendix I
Zoning, Article 3, Section 16 Relating to Wireless
Communications (Antenna Regulations).
5. PROCLAIMING THE MONTH OF OCTOBER 2010 AS "DOMESTIC
VIOLENCE AWARENESS MONTH" IN THE CITY OF CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim the
month of October 2010 as "Domestic Violence Awareness Month" in
the City of Cypress.
6. AWARD OF PROFESSIONAL CONTRACT SERVICE AGREEMENTS
FOR ON -CALL PLANNING AND ENVIRONMENTAL CONSULTING
SERVICES.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council: 1) Award a
Professional Contract Services Agreement for on -call planning and
environmental consulting services to RBF Consulting, and assign
the Director of Community Development as Contract Officer; and
2) Award a Professional Contract Services Agreement for on -call
planning and environmental consulting services to Hogle- Ireland, Inc.,
and assign the Director of Community Development as Contract
Officer.
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September 27, 2010
7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) REQUEST FOR SUPPORT.
Prepared by: Ted Commerdinger, Director of Community
Development
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, supporting SCAG's "Business Friendly
Principles."
A Resolution of the City Council of the City of Cypress,
Stating Its Support of "Business Friendly Principles" as
Part of SCAG's Development of a Southern California
Economic Growth Strategy.
8. APPROVAL OF PLANS AND SPECIFICATIONS FOR MOODY
STREET STORM DRAIN, PUBLIC WORKS PROJECT NO. 2008-12,
AND VALLEY VIEW STREET STORM DRAIN, PUBLIC WORKS
PROJECT NO. 2008-14.
Prepared by: Dario Simoes, Associate Engineer
Recommended Action: That the City Council approve the plans and
specifications for Moody Street Storm Drain, Public Works Project
No. 2008 -12, and Valley View Street Storm Drain, Public Works
Project No. 2008 -14.
9. USER AGREEMENT FOR THE CITY OF BUENA PARK'S POLICE
FIRING RANGE.
Prepared by: Mark Yokovama, Chief of Police
Recommended Action: That the City Council authorize the Mayor to
execute the Agreement for use of the City of Buena Park's police
firing range. This agreement will permit City of Cypress sworn officers
to temporarily participate in firearms training at the City of Buena
Park's Police Range.
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September 27, 2010
10. APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CITY OF CYPRESS TO FISCAL YEAR 2010 -11.
Prepared bv: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the
carryover items as detailed in Attachment A and summarized as
follows:
111 General Fund
114 General Fund Grants
232 Gas Tax 2106 Fund
234 Traffic Mitigation Assessment Fund
236 Measure M Gas Tax Fund
281 Narcotics Asset Seizure Fund
321 Sewer Fund
415 Capital Projects Fund
713 Information Systems Fund
721 Capital Replacement Fund
TOTAL
2. Authorize the transfer of funds to support continuing
appropriations in Fiscal Year 2010 -11 as listed below:
FROM
111 General Fund
114 General Fund Grants
232 Gas Tax 2106
234 Traffic Mitigation
236 Measure M Gas Tax
281 Narcotics Asset Seizure
TOTAL
$314,306
$494,128
$82,668
$2,169,070
$314,922
$14,950
$477,284
$3,193,242
$85,220
$148,048
$7,293,838
TO AMOUNT
721 Capital Replacement $13,500
721 Capital Replacement $3,904
415 Capital Projects $467,327
236 Measure M Gas Tax $214,565
415 Capital Projects $430,259
415 Capital Projects $199,704
$1,329,259
3. Authorize the continuation of the following grant revenue to support
continuing appropriations to Fiscal Year 2010 -11:
111 General Fund (111-99999.3525/3711)
114 General Fund Grants (114- 99999.3525)
232 Gas Tax 2106 Fund (232.99999.3525)
234 Traffic Mitigation Fund (234- 99999.3525)
236 Measure M Gas Tax Fund (236- 99999.3525)
321 Sewer Fund (321- 99999.3572)
415 Capital Projects Fund (415- 99999.3525)
TOTAL
$6,131
$498,628
$349,355
$255,000
$115,735
$141,200
$1,232,673
$2,598,722
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September 27, 2010
4. Authorize the appropriation of funds in Fiscal Year 2010 -11 for items
encumbered at June 30, 2010 as detailed in Attachment B and
summarized below:
111 General Fund $13,275
114 General Fund Grant Fund $4,500
232 Gas Tax 2106 Fund $340,745
234 Traffic Mitigation Fund $157,341
236 Measure M Gas Tax Fund $16,083
261 Storm Drainage Fund $24,096
262 Plan Local Drain Facility Fund $1,187,934
281 Narcotics Asset Seizure Fund $19,887
321 Sewer Fund $494,080
415 Capital Projects Fund $1,589,805
711 Central Services Fund $2,928
721 Capital Replacement Fund $173A83
TOTAL $4,024,157
11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
AUGUST, 2010.
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 August, 2010.
12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEARS 2009 -10 AND 2010 -11 FOR
WARRANTS NO. 14845 THROUGH 15028.
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 Years 2009 -10 and 2010 -11.
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September 27, 2010
Recreation and Park District Matters:
13. APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS RECREATION AND PARK DISTRICT TO FISCAL
YEAR 2010 -11.
Prepared bv: Richard Storey, Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the City Council, acting as the ex- officio
governing Board of Directors of the Cypress Recreation and Park District:
1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for items
encumbered at June 30, 2010 as detailed in Attachment A and
summarized below:
212 CRPD General Fund $27,206
2. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the
carryover of continuing appropriations as detailed in Attachment A and
summarized as follows:
212 CRPD General Fund
725 CRPD Replacement Fund
$369,584
$2,800
3. Authorize the transfer of funds to support continuing appropriations in
Fiscal Year 2010 -11 as listed below:
FROM TO AMOUNT
213 Park Development Fund 212 General Fund $392,500
END OF CONSENT CALENDAR
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September 27, 2010
NEW BUSINESS (14)
14. INTRODUCTION OF THE FIRST READING OF ORDINANCES FOR
THE LATEST 2010 CALIFORNIA MODEL BUILDING, ELECTRICAL,
PLUMBING, AND FIRE CODES WITH AMENDMENTS FOR THE CITY
OF CYPRESS AND SETTING A PUBLIC HEARING DATE.
Prepared bv: Bob Decker. Building Official
Recommended Action: That the City Council introduce for first reading,
and simultaneously set for public hearing, the attached four (4)
ordinances to be considered by title only, titles as follows, adopting the
current model Building, Electrical, Plumbing, and Fire Codes, with
amendments, for the City of Cypress.
An Ordinance of the City Council of the City of Cypress,
California, Amending Sections 5 -1 and 5 -2 of Chapter 5 of
the Cypress Municipal Code, Thereby Adopting by
Reference the Following Codes with Certain Amendments
Thereto: the 2010 Edition of the California Building Code,
the 2010 Edition of the California Residential Code, the
2010 Edition of the California Green Building Standards
Code, the 2010 Edition of the California Mechanical Code,
the 1997 Edition of the Uniform Housing Code, the 1997
Edition of the Uniform Code for the Abatement of
Dangerous Buildings, the 2006 Edition of the International
Property Maintenance Code, and Repealing Ordinance No.
1093.
An Ordinance of the City Council of the City of Cypress,
Amending Chapter 8 of the Cypress City Code and Thereby
Adopting by Reference the California Electrical Code, 2010
Edition, with Certain Amendments and Repealing Ordinance
No. 1094.
An Ordinance of the City Council of the City of Cypress,
Amending Chapter 19 of the Cypress City Code and
Thereby Adopting by Reference the Following Codes with
Certain Amendments Thereto: the 2010 Edition of the
California Plumbing Code, the 1997 Edition of the Uniform
Swimming Pool, Spa, and Hot Tub Code, the 1997 Edition
of the Uniform Solar Energy Code, and the Uniform
Plumbing Code Material and Installation Standards and
Repealing Ordinance No. 1095.
An Ordinance of the City Council of the City of Cypress,
Amending Sections 5 -3 of Chapter 5 of the Cypress
Municipal Code, and Thereby Adopting by Reference the
Following Code with Certain Amendments Thereto: the
2010 Edition of the California Fire Code and Replacing
Ordinance No. 1096.
Page 10
September 27, 2010
RECREATION PARK DISTRICT MATTERS (15)
The Cypress City Council, Acting as the Ex- Officio Governing Board
of Directors.
15. CONSIDERATION OF ADOPTION OF ATHLETIC FACILITY
ALLOCATION, USAGE, AND SCHEDULING POLICY.
Prepared by: June Liu. Director of Recreation Community
Services
Recommended Action: That the City Council, acting as the ex officio
governing Board of Directors for the Cypress Recreation and Park
District, consider adoption of the proposed policy related to athletic
facility allocation priorities with one of the following alternatives that
addresses non conforming youth sports groups: 1) Option 1, as
recommended by the Recreation and Community Services
Commission or 2) Option 2.
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 (16)
16. APPROVAL OF FISCAL YEAR 2009 -10 CARRYOVER OF
CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR
THE CYPRESS REDEVELOPMENT AGENCY TO FISCAL YEAR
2010 -11.
Prepared by: Richard Storey. Assistant City Manager /Director of
Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency
Board:
1. Authorize the appropriation of funds in Fiscal Year 2010 -11 for the
carryover of continuing appropriations as detailed in Attachment A
and summarized as follows:
451 Low and Moderate Housing Set -Aside Fund $107,700
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September 27, 2010
2. Authorize the appropriation of funds in Fiscal Year 2010 -11 for
items encumbered at June 30, 2010 as detailed in Attachment A
and summarized below:
3. Authorize the continuation of the following grant revenue to
support continuing appropriations to Fiscal Year 2010 -11:
451 Low and Moderate Housing Set -Aside Fund $124,525
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
451 Low and Moderate Housing Set -Aside Fund $16,825
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, October 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
22 day of September, 2010.
IOLLot m
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, SEPTEMBER 24, 2010 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.
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