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Agenda 2012-11-13AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 13, 2012 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION MAYOR DOUG BAILEY MAYOR PRO TEM PRAKASH NARAIN COUNCILMEMBER PHIL LUEBBEN COUNCILMEMBER LEROY MILLS COUNCILMEMBER TODD SEYMORE 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. c/. cypress. ca. us. November 13, 2012 Page 2 ORAL COMMUNICATIONS (LIMITED TO ONE -HALF HOUR) The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council, 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 — 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. 1. REQUEST TO CONTINUE A PUBLIC HEARING REGARDING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2012 -09, A REQUEST TO RE- ESTABLISH A GASOLINE SERVICE STATION AND EXPAND THE RETAIL SALES BUILDING INCLUDING OFF - SALE BEER AND WINE LOCATED AT 9472 VALLEY VIEW STREET IN THE CG COMMERCIAL GENERAL ZONE. Prepared by: Kori Nevarez, Associate Planner Recommended Action: That the City Council open, then continue, the public hearing regarding Conditional Use Permit No. 2012 -09 to the City Council meeting on January 14, 2013. 2. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012 -08, A REQUEST TO ESTABLISH A SMOKE/TOBACCO SHOP LOCATED AT 11511 KNOTT AVENUE 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 Conditional Use Permit No. 2012 -08, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2012 -08 - With Conditions. November 13, 2012 Page 3 3. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012 -07, GENERAL PLAN AMENDMENT NO. 2012 -01, ZONE CHANGE NO. 2012 -01, AND TENTATIVE TRACT MAP NO. 17503, A REQUEST TO CREATE A ONE LOT SUBDIVISION AND CONSTRUCT 16 CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 4911 AND 4963 CAMP STREET IN THE PC PLANNED COMMUNITY ZONE AND LINCOLN AVENUE SPECIFIC PLAN AREA. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council: 1) Adopt the Mitigated Negative Declaration, de Minimus Finding, and Mitigation Monitoring Program for the proposed project in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, title as follows, approving General Plan Amendment No. 2012 -01; and 3) Introduce for first reading the Ordinance by title only, title as follows, approving Zone Change No. 2012 -01; and 4) Adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2012 -07 and Tentative Tract Map No. 17503, subject to the conditions in Exhibit "A" of the Resolutions. A Resolution of the City Council of the City of Cypress, Adopting General Plan Amendment No. 2012 -01, Changing the General Plan Classification of the Properties Located at 4911 and 4963 Camp Street From General Neighborhood Commercial to High Density Residential. An Ordinance of the City Council of the City of Cypress, Adopting Zone Change No. 2012 -01 Changing the Zoning Classification of the Properties Located at 4911 and 4963 Camp Street from CH Commercial Heavy to RM -20 Residential Multiple - Family. A Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit No. 2012 -07 - With Conditions. A Resolution of the City Council of the City of Cypress, Approving Tentative Tract Map No. 17503 — With Conditions. November 13, 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 (4 —15) 4. APPROVAL OF MINUTES. Meeting of October 22, 2012. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 5. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6. PROCLAIMING THE WEEK OF NOVEMBER 12 -18, 2012 AS "ENTREPRENEURSHIP WEEK" IN THE CITY OF CYPRESS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council officially proclaim the week of November 12 -18, 2012 as "Entrepreneurship Week" in the City of Cypress. 7. DESIGN REVIEW COMMITTEE PERMIT NO. 2012 -06, A REQUEST TO CONSTRUCT A MAUSOLEUM AND CHAPEL BUILDING ON AN EXISTING MORTUARY /CEMETERY CAMPUS LOCATED AT 4471 LINCOLN AVENUE IN THE PS PUBLIC AND SEMI - PUBLIC 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. 2012 -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. 2012 -06 - With Conditions. November 13, 2012 Page 5 8. REVIEW OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006 -01 REGARDING A REQUEST TO EXTEND THE HOURS OF OPERATION AND ALLOW OUTDOOR DINING FOR AN EXISTING KOREAN STYLE RESTAURANT LOCATED AT 4450 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND LINCOLN AVENUE SPECIFIC PLAN AREA. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council receive and file the report. 9. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 77. Prepared by: Nick Mangkalakiri, Associate Civil Engineer Recommended Action: That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Public Works Project No. 77. 10. APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON -CALL CONTRACT FOR DESIGN SERVICES FOR THE BALL ROAD STORM DRAIN, PUBLIC WORKS PROJECT NO. 96. Prepared by: Nick Mangkalakiri, Associate Civil Engineer Recommended Action: That the City Council: 1) Approve a Task Order, in the amount of $60,053 for Engineering Design Services for Ball Road Storm Drain, Public Works Project No. 96, to Harris & Associates, Irvine, California; and 2) Authorize $9,000 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works /City Engineer to act as Contract Officer. 11. AUTHORIZE AN INCREASE IN ESTIMATED REVENUES AND APPROPRIATION OF FUNDS DUE TO RECEIPT OF GRANTS FOR THE ENVIRONMENTAL CLEANUP PROGRAM (ECP) FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). Prepared by: Nick Mangkalakiri, Associate Civil Engineer Recommended Action: That the City Council: 1) Authorize an increase in Estimated Revenues by $79,355 in Account No. 415 - 99999.3525 (Other Grants) for the receipt of Environmental Cleanup Program (ECP) Funds from OCTA; and 2) Authorize an appropriation increase of ECP funds received from OCTA in the amount of $79,355 to Account No. 415 - 80300 - 8032.4186 for City -wide installation of Automatic Retractable Screens (ARS). November 13, 2012 Page 6 12. APPROVAL OF PLANS AND SPECIFICATIONS AND APPROVAL OF STATE -LOCAL PARTNERSHIP PROGRAM (SLPP) GRANT FUNDING AGREEMENT FOR THE FY 2012 -13 VALLEY VIEW AND LINCOLN OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 89. Prepared bv: Nick Mangkalakiri, Associate Civil Engineer Recommended Action: That the City Council: 1) Approve the plans and specifications for the FY 2012 -13 Valley View and Lincoln Overlay Project, Public Works Project No. 89; and 2) Approve Cooperative Agreement No. C -2 -1819 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement; and 3) Authorize an increase in estimated revenues by $179,743 in Account No. 232 - 99999.3525 (Gas Tax 2106 — Other Grants) for the receipt of Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Prop 1 B) State -Local Partnership Program (SLPP) funds from the OCTA on behalf of the State of California; and 4) Authorize a fund transfer in the amount of $179,743 from the Measure M Fund (Account No. 236- 99999.4501_232) to the Gas Tax 2106 Fund (Account No. 232 - 99999.3901_236); and 5) Authorize an appropriation increase in the amount of $401,486 in the Gas Tax 2106 Fund (Account No. 232 - 80100 - 8012.4186), for construction of the FY 2012 -13 Valley View and Lincoln Overlay Project, Public Works Project No. 89. 13. APPROVAL OF PLANS AND SPECIFICATIONS AND APPROVAL OF STATE -LOCAL PARTNERSHIP PROGRAM (SLPP) GRANT FUNDING AGREEMENT FOR CERRITOS AVENUE WIDENING PROJECT, PUBLIC WORKS PROJECT NO. 81. Prepared bv: Alvin Papa, Senior Civil Engineer Recommended Action: That the City Council: 1) Approve the plans and specifications for the Cerritos Avenue Widening Project, Public Works Project No. 81; and 2) Approve Cooperative Agreement No. C -2 -1826 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement; and 3) Authorize an increase in estimated revenues by $168,000 in Account No. 232 - 99999.3525 (Gas Tax 2106 — Other Grants) for the receipt of Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Prop 1 B) State -Local Partnership Program (SLPP) funds from the OCTA on behalf of the State of California; and 4) Authorize a fund transfer in the amount of $168,000 from the Measure M Fund (Account No. 236- 99999.4501_232) to the Gas Tax 2106 Fund (Account No. 232 - 99999.3901_236); and 5) Authorize an appropriation increase in the amount of $378,000 in the Gas Tax 2106 Fund (Account No. 232 - 80100 - 8013.4186), for construction of the Cerritos Avenue Widening Project, Public Works Project No. 81. November 13, 2012 Page 7 14. APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND THE NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF ELECTRONIC FORENSICS EQUIPMENT. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council: 1) Approve the appropriation of $7,626 to account number 721 - 95300.4305_200 (Equipment — Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a laptop computer and related computer hardware and software for electronic evidence investigation; and 2) Approve a transfer in the amount of $7,626 from the unreserved fund balance of the Narcotics Asset Seizure Fund (281- 99999.4501_721) to the Equipment Replacement Fund (721- 99999.3901_281) to fund the purchase of a laptop computer and related computer hardware and software. 15. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 23804 THROUGH 24129. 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 2012 -13. 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. November 13, 2012 Page 8 SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS The public may at this time address the members of the City Council on any matters within the jurisdiction of the City Council 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 an adjourned Regular Meeting, to be held on Monday, November 26, 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 7th day of November, 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, NOVEMBER 9, 2012 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.