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Agenda 2012-01-23AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 23, 2012 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 DOUG BAILEY MAYOR PRO TEM /AGENCY VICE CHAIR PRAKASH NARAIN 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. 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. L City Council Agendas /Minutes are available at www.ci.cypress.ca.us. January 23, 2012 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: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1) Title: City Manager RECONVENE 7:00 P.M. Council Chambers ROLL CALL MAYOR/AGENCY CHAIR DOUG BAILEY MAYOR PRO TEM /AGENCY VICE CHAIR PRAKASH NARAIN COUNCILMEMBER/BOARD MEMBER PHIL LUEBBEN COUNCILMEMBER/BOARD MEMBER LEROY MILLS COUNCILMEMBER/BOARD MEMBER TODD SEYMORE PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY MANAGER CITY ATTORNEY January 23, 2012 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. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011 -04, A REQUEST TO MODIFY CONDITION NO. 49 TO ALLOW CONSTRUCTION ACTIVITIES ON SUNDAYS FOR THE FIFTEEN UNIT CONDO PROJECT LOCATED AT 6122 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council take one of the following actions: (1) Adopt the Resolution by title only, title as follows, for Amendment to Conditional Use Permit No. 2011 -04, subject to the revised Condition No. 49 in Exhibit "A" of the Resolution, or (2) Determine that Sunday construction activities are not appropriate for the subject site and deny the request to amend Conditional Use Permit No. 2011 -04. A Resolution of the City Council of the City of Cypress, Approving Amendment to Conditional Use Permit No. 2011 -04 - With Conditions. January 23, 2012 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 January 9, 2012. 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. SECOND READING OF AN ORDINANCE ADOPTING ZONE CHANGE NO. 2011-01 AND THE HARMONY SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ORANGE AVENUE AND MOODY STREET (5042 ORANGE AVENUE) FROM RS -6000 RESIDENTIAL SINGLE - FAMILY TO PC PLANNED COMMUNITY (PC -12), AND TO APPROVE THE HARMONY SPECIFIC PLAN. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, adopting Zone Change No. 2011 -01 and the Harmony Specific Plan. An Ordinance of the City Council of the City of Cypress, Adopting Zone Change No. 2011 -01 and the Harmony Specific Plan, Changing the Zoning Classification of the Property Located at the Southeast Corner of Orange Avenue and Moody Street from RS -6000 Residential Single - Family to PC Planned Community (PC -12). January 23, 2012 Page 5 5. SECOND READING OF AN ORDINANCE ADOPTING ZONING ORDINANCE AMENDMENT NO. 2011 -02, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060.H.2, 4.19.070.H.3, AND 4.19.080.1.2, OF THE CYPRESS ZONING CODE RELATED TO INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL USE PERMITS, AND VARIANCES. Prepared by: Ted Commerdincier, Director of Community Development Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment No. 2011 -02. An Ordinance of the City Council of the City of Cypress, Adopting Zoning Ordinance Amendment No. 2011 -02 to Modify Sections 4.19.060.H.2, 4.19.070.H.3, and 4.19.080.1.2 of the Cypress Zoning Code. 6. REQUEST FOR FEE WAIVER — A REQUEST TO WAIVE THE TEMPORARY USE PERMIT APPLICATION FEE FOR THE CALDWELL DENTAL CARE EVENT SCHEDULED FOR FEBRUARY 4, 2012 AT 5400 ORANGE AVENUE IN THE OP OFFICE PROFESSIONAL ZONE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council waive the $300 Temporary Use Permit application fee. 7. ACCEPTANCE OF A GRANT FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND GOLDEN STATE WATER COMPANY ( #TR2 -GSWC -022) FOR WATER CONSERVATION TURF REMOVAL PROJECT. Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council: 1) Accept the Water Conservation Turf Removal grant; and 2) Increase the estimated revenues (Account No. 711 - 99999.3525 Grants - Miscellaneous) in the Fiscal Year 2011 -2012 City Central Services Fund for the grant total of $9,793; and 3) Increase appropriations by $9,793 in Account No. 711 - 70627 - 7632.4187009 (Landscaping Corporation Yard Contract Service- Private) in the City Central Services Fund. January 23, 2012 Page 6 8. AWARD OF CONTRACT FOR REPLACEMENT OF TWO POLICE VEHICLES AND THREE MOTORCYCLES. Prepared by: Bobby Blackburn, Public Works Superintendent Recommended Action: That the City Council: 1) Find that the Los Angeles County Sheriff Purchase Order No. PO -SH- 12321526 -1, Los Angeles County Sheriff Purchase Order No. PO -SH- 11323318 -1, and the City of Simi Valley's Purchase Order No. 4500022733 satisfies the City's bid process per City Code Section 21A- 10(e); and 2) Award a contract to purchase three (3) 2011 BMW Police Motorcycles from Long Beach BMW Motorcycles, 2125 East Spring Street, Long Beach, California 90806, in the amount of $86,244; and 3) Award a contract to purchase one (1) 2011 Chevrolet Impala Police Package vehicle and one (1) 2011 Ford Crown Victoria Police Interceptor Patrol vehicle from Wondries Fleet Group, Alhambra, California, in the amount of $48,047. 9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 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 December, 2011. 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 20519 THROUGH 20772. 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. END OF CONSENT CALENDAR NEW BUSINESS No items. January 23, 2012 Page 7 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. 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 (11) 11. REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE. Prepared by: Steve Clarke, Redevelopment Project Manager Recommended Action: That the Cypress Redevelopment Agency Board adopt the Resolution by title only, title as follows, approving and adopting a Revised Enforceable Obligation Payment Schedule. A Resolution of the Cypress Redevelopment Agency Approving and Adopting a Revised Enforceable Obligation Payment Schedule, Pursuant to the Provisions Set Forth in Health and Safety Code Section 34169 (AB 1X 26). 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 January 23, 2012 Page 8 ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, February 13, 2012, 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 18th day of January, 2012. 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 20, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.