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Agenda 2011-01-10CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 10, 2011 6:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. MAYOR/AGENCY CHAIR LEROY MILLS MAYOR PRO TEM /AGENCY VICE CHAIR TODD SEYMORE COUNCILMEMBER/BOARD MEMBER DOUG BAILEY COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER /BOARD MEMBER PRAKASH NARAIN 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. January 10, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS CITY OF CYPRESS ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company Party Negotiating With: Warland Investments Company Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development Under Negotiation: Terms and Conditions of Development Agreement POLICE DEPARTMENT 2010 OVERVIEW REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY January 10, 2011 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 ZONING ORDINANCE AMENDMENT NO. 2010 -05, A CITY INITIATED PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX 1 ZONING, SECTION 4.19.050, TABLE 4 -2, ITEM 11, RELATING TO THE ADDITION OF LANGUAGE ALLOWING A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACKS FOR PROPERTIES LOCATED WITHIN THE RM -15 RESIDENTIAL MULTIPLE FAMILY ZONE. Prepared bv: Judv Aquino, Assistant Planner Recommended Action: That the City Council introduce for first reading the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2010 -05. An Ordinance of the City Council of the City of Cypress, Amending Section 4.19.050, Table 4 -2, Item 11, of the Cypress Zoning Ordinance Relating to the Reduction of Side Yard Building Setbacks for Properties Located Within the RM -15 Residential Multiple Family Zone. January 10, 2011 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 —10) 2. APPROVAL OF MINUTES. Meeting of December 13, 2010. Prepared by: 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. DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -06, A REQUEST TO CONSTRUCT AND OPERATE A STEALTH, IMITATION TREE DESIGN, FREESTANDING TELECOMMUNICATIONS ANTENNA FACILITY BEHIND AN EXISTING RETAIL COMMERCIAL BUILDING LOCATED AT 5020 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2010 -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. 2010 -06 With Conditions. January 10, 2011 Page 5 5. DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -07, A REQUEST TO CONSTRUCT AND OPERATE A STEALTH, IMITATION TREE DESIGN, FREESTANDING TELECOMMUNICATIONS ANTENNA FACILITY BEHIND AN EXISTING RETAIL COMMERCIAL BUILDING LOCATED AT 5028% BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Prepared bv: Kori Nevarez, Associate Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2010 -07, 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. 2010 -07 With Conditions. 6. AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2010/11 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2010 -13. Prepared bv: Nick Manqkalakiri, Associate Civil Engineer Recommended Action: That the City Council: 1) Award a contract for the 2010/11 Overlay Project, Public Works Project No. 2010 -13, in the amount of $2,198,000, to the lowest responsible bidder Sully Miller Contracting Co., Brea, California, authorize a contingency of $329,700 (15% of Bid Amount), and direct the Director of Public Works /City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $131,744, within the existing Agreement for On -Call Construction Management/Inspection /Engineering Services, for 2010/11 Overlay Project (Project No. 2010 -13), to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $19,762 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer; and 3) Authorize the Director of Public Works /City Engineer to execute an agreement with the County of Los Angeles for sharing the cost of various cul -de -sacs in District 1. January 10, 2011 Page 6 7. ADOPTION OF A RESOLUTION DESIGNATING SIGNATURE AUTHORITY FOR APPLICATION AND TRANSFER AGREEMENT OR EXECUTION OF JUSTICE ASSISTANCE GRANT PROGRAMS, TERRORISM, AND EMERGENCY SERVICES GRANT FUNDING, AND REPEALING RESOLUTION NO. 6084, ADOPTED MAY 27, 2008. Prepared by: Mark Yokoyama, Chief of Police Recommended Action: That the City Council adopt the Resolution by title only, title as follows, designating those City officials authorized to execute Applications and Transfer Agreement for the Justice Assistance Grant (JAG) program, terrorism, and emergency management assistance grant funds, and all future proclaimed disasters in order to obtain financial assistance from the federal and /or state governments, and repealing Resolution No. 6084, adopted May 27, 2008. A Resolution of the City Council of the City of Cypress, Designating Signature Authority for Application and Transfer Agreement or Execution of Justice Assistance Grant Programs, Terrorism, and Emergency Services Grant Funding, and Repealing Resolution No. 6084, Adopted May 27, 2008. 8. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED 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. 9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 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 November, 2010. January 10, 2011 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15880 THROUGH 16231. Prepared by: Richard Storey, Assistant City 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 2010 -11. No items. No items. CONSENT CALENDAR (11) 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. 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. 11. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2010. 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. Page 7 January 10, 2011 Page 8 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, January 24, 2011, 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 5th day of January, 2011. 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 7, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.