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Agenda 2013-01-14AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 14, 2013 6:00 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 6:00 P.M. Council Chambers ROLL CALL MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC 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, 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. ci. cypress. ca. us. January 14, 2013 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 Number 241 - 056 -01, Located at 5400 Myra Avenue Negotiating Party: City Manager Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle Party Negotiating With: Lewis Operating Corporation Negotiating Party: City Manager and Director of Public Works /Acting Community Development Director Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) Allison V. Pitts v. Martin Hoshino, William Wynder, City Attorney, et al. Case Number CV 12 -10402 SJO (E) U.S. District Court, Central District of California CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) John Doe v. Martin Hoshino, City of Cypress, Jackie Gomez - Whiteley, City of Los Alamitos, and Todd Mattern Case Number SACV 12 2166 U.S. District Court, Central District of California, Southern Division January 14, 2013 Page 3 RECONVENE 7:00 P.M. Council Chambers ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC PRESENTATION TO CYPRESS RESIDENT STEPHEN SANDERS 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 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. January 14, 2013 Page 4 PUBLIC HEARINGS (1 — 3) Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council. 1. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -07, A REQUEST TO APPROVE THE ON- SITE SALE OF BEER AND WINE AND ALLOW THE EXPANSION OF THE PATIO AREA FOR THE ROCKET DOGS RESTAURANT LOCATED AT 5123 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use 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 Amendment to Conditional Use Permit No. 2010 -07 — With Conditions. 2. CONTINUATION OF 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 adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012 -09, including the off -sale of beer and wine sales, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving an Application for Conditional Use Permit No. 2012 -09, Including Off -Sale Beer and Wine — With Conditions. As an alternative action, the City Council could adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 2012 -09, excluding the off -sale of beer and wine sales, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving an Application for Conditional Use Permit No. 2012 -09, Excluding Off -Sale Beer and Wine, and With Conditions. January 14, 2013 Page 5 3. PUBLIC HEARING REGARDING REVIEW OF THE FISCAL YEAR 2013 -2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION. Prepared by: Steven Clarke, Redevelopment Project Manager Recommended Action: That the City Council: 1) Hold a public hearing to review the project list proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2013 -2014 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City's participation in the Fiscal Year 2013 -2014 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. A Resolution of the City Council of the City of Cypress, Approving the City's Participation in the Fiscal Year 2013 -2014 Housing and Community Development Block Grant (CDBG) Program with the County of Orange. 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 — 18) 4. APPROVAL OF MINUTES. Meeting of December 10, 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. January 14, 2013 Page 6 6. ADOPTION OF RESOLUTION RECOGNIZING CYPRESS RESIDENT STEPHEN SANDERS. Prepared by: Denise Basham, City Clerk Recommended Action: That the City Council adopt the Resolution by title only, title as follows, recognizing Cypress resident Stephen Sanders. A Resolution of the City Council of the City of Cypress, Recognizing Cypress Resident Stephen Sanders. 7. AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2004 -10, A REQUEST TO AMEND THE EXISTING SIGN PROGRAM FOR THE CYPRESS CENTER LOCATED AT 5011 -5123 BALL ROAD TO INCREASE THE EXISTING MONUMENT SIGN LOCATED AT THE EAST END OF THE COMMERCIAL CENTER FROM 4 FEET TO 6 FEET IN HEIGHT AND FROM 32 SQUARE FEET TO 48 SQUARE FEET IN AREA. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Amendment to Design Review Committee Permit No. 2004 -10, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Amendment to Design Review Committee Permit No. 2004 -10 — With Conditions. 8. DEPOSIT /REIMBURSEMENT AGREEMENT FOR INITIATIVE NO. 3. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council authorize the Mayor to execute the Agreement. 9. CONSIDERATION OF A REIMBURSEMENT AGREEMENT FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR A PROPOSED INDUSTRIAL/OFFICE/WAREHOUSE DEVELOPMENT ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council authorize the Mayor to execute the Agreement. January 14, 2013 Page 7 10. APPROVAL OF A REVISED TASK ORDER FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR A PROPOSED INDUSTRIAL DEVELOPMENT ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE. Prepared by: Doug Hawkins, Planning Manager Recommended Action: That the City Council approve the revised Task Order with RBF Consulting (RBF) in the amount of $19,120 for the preparation of additional technical studies for the environmental analysis being conducted for a proposed industrial development located at the northeast corner of Katella Avenue and Enterprise Drive. The new Task Order would total $218,331 including the original contingency of $39,842. 11. CONSIDERATION OF AMENDMENT NO. 1 TO EXTEND THE TERM OF THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY AND LEWIS LAND DEVELOPERS, LLC. Prepared by: Steven Clarke, Redevelopment Project Manager Recommended Action: That the City Council approve Amendment No. 1 to the Exclusive Negotiation Agreement ( "ENA ") between the City and Lewis Land Developers, LLC ( "Lewis ") for the City owned 13.329 acre property located at the northwest corner of Katella Avenue and Winners Circle (the "Site "), and authorize the Mayor to execute the Amendment. 12. ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) DRIVING UNDER THE INFLUENCE GRANT. Prepared by: Jackie Gomez - Whiteley, Chief of Police Recommended Action: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (114- 50183.3525 Grants — Miscellaneous) in the FY 2012 -2013 General Fund - Grants for the grant total of $25,900; and 3) Approve appropriations from the General Fund - Grants as follows: 114 - 50183.4003_21 (Overtime) in the amount of $21,000 and 114 - 50183.4113 (Small Tools and Equipment) in the amount of $4,900 for safety equipment. January 14, 2013 Page 8 13. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2012. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the report. 14. ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2012. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Independent Accountants' Report on Agreed -Upon Procedures Applied to the City of Cypress' Appropriations Limit Worksheet for the Year Ended June 30, 2012. 15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2012. 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, 2012. 16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 24417 THROUGH 24734. 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. January 14, 2013 Page 9 Recreation and Park District Matters: 17. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2012. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors for the Cypress Recreation and Park District, receive and file the report. 18. ACCEPTANCE OF THE INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2012. Prepared by: Richard Storey, Assistant City Manager /Director of Finance and Administrative Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, receive and file the Independent Accountants' Report on Agreed -Upon Procedures Applied to the Cypress Recreation and Park District's Appropriations Limit Worksheet for the Year Ended June 30, 2012. 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. January 14, 2013 Page 10 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, January 28, 2013 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 9th day of January, 2013. lac 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 11, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.