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Agenda 2011-11-28AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 28, 2011 6:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:30 P.M. Council Chambers ROLL CALL 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. 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 and the City's website at www.ci.cypress.ca . us. City Council Agendas/Minutes are available at www. c1. cypress. ca. us. November 28, 2011 Page 2 Recess the meeting to Closed Session. CLOSED SESSION Pursuant to California law, "a person may not disclose confidential information that has been acquired by being present in a closed session... to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information." (Gov. Code § 54963(a).) Any "[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information...; (2) disciplinary action against [a person] who has willfully disclosed confidential information....; [and /or] (3) referral of a member of a legislative body who has willfully disclosed confidential information... to a grand jury." (Gov. Code § 54963(c).) CITY OF CYPRESS ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive, Located at the Northwest Corner of Katella Avenue and Winners Circle Negotiating Party: Director of Community Development Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Cypress School District v. City of Cypress Case Number 30- 2011 - 00522871 Orange County Superior Court CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(1) & (3)(A) Number of Cases: One RECONVENE 7:00 P.M. Council Chambers November 28, 2011 Page 3 ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS 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 RECOGNITION OF 30 YEAR RECREATION PROGRAM INSTRUCTORS 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. November 28, 2011 Page 4 PUBLIC HEARINGS (1) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and /or the Cypress Redevelopment Agency. 1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -06, A REQUEST TO ESTABLISH A FAST FOOD MEXICAN RESTAURANT LOCATED AT 6178 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. 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. 2011- 06, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Adopting Conditional Use Permit No. 2011 -06 — With Conditions. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar are to be approved with one motion un less 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 —12) 2. APPROVAL OF MINUTES. Meeting of November 14, 2011. 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. November 28, 2011 Page 5 4. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS MUNICIPAL CODE ENTITLED CYPRESS WATER QUALITY. Prepared by: Gonzalo Vazquez, Water Quality Manager Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress Water Quality. An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress Water Quality. 5. PROCLAMATION HONORING THE CITY OF VILLA PARK ON ITS 50TH ANNIVERSARY. Prepared by: Denise Basham City Clerk Recommended Action: That the City Council officially recognize the City of Villa Park on its 50th Anniversary. 6. SECOND AMENDMENT TO DEVELOPMENT AGREEMENT. Prepared by: Ted Commerdinger, Director of Community Development Recommended Action: That the City Council approve the Second Amendment to Development Agreement and authorize the Mayor to execute it as presented. 7. ACCEPTANCE OF A DONATION FROM HERBERT A. BARRINGTON. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council accept the donation of one (1) Springfield Armory XD .45 caliber handgun with magazine from Mr. Herbert A. Barrington, a Cypress resident. The donated weapon will be used as needed for training and law enforcement purposes. November 28, 2011 Page 6 8. ADOPTION OF RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM, FOR THE CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT, CIP PROJECT NO. 2011 -06. Prepared by: Nick Manqkalakiri, Associate Engineer Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing expenditure of funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 1 Grant Program, for the Citywide Automatic Retractable Screen Project, CIP Project No. 2011 -06. A Resolution of the City Council of the City of Cypress, Authorizing Expenditure of Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for Citywide Automatic Retractable Screen Project, Consistent with the Master Funding Agreement (C -1 -2760) Dated August 30, 2011 and Letter Agreement No. 1 (C -1 -2760) Dated September 8, 2011. 9. A RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2010 -11. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council adopt the Resolution by title only, title as follows, providing the required Expenditure Report for Measure M2 Funds to the Orange County Transportation Authority (OCTA). A Resolution of the City Council of the City of Cypress, Concerning the Measure M2 Fiscal Year Ended June 30, 2011 Expenditure Report for the City of Cypress, California. 10. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2011. 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, 2011. November 28, 2011 Page 7 11. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 20092 THROUGH 20215. 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 2011 -12. Recreation and Park District Matters: 12. CONSIDERATION OF ADOPTION OF AMENDMENTS TO VARIOUS SECTIONS OF THE ATHLETIC FACILITY ALLOCATION, USAGE, AND SCHEDULING POLICY. Prepared by: June Liu, Director of Recreation and Community Services Recommended Action: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the proposed amendments to various sections of the current Athletic Facility Allocation, Usage, and Scheduling Policy. END OF CONSENT CALENDAR NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex- Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. November 28, 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, December 12, 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 23rd day of November, 2011. 100,u o4 966-641-vy1 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 MONDAY, NOVEMBER 28, 2011 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.