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Agenda 2013-01-28AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2013 5:30 P.M.; 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room 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 28, 2013 Page 2 WORKSHOP WORKSHOP TO DISCUSS A PROPOSED REQUEST SESSION TO MODIFY THE CITY CODE WITH REGARDS TO THE PARKING OF A RECREATIONAL VEHICLE ON THE PROPERTY LOCATED AT 5692 NEWMAN STREET 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, un less 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, 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) Richard Linnington and Michelle Moreno v. City of Cypress Case Number SACV 13 -00065 CJC (MLGx) U.S. District Court, Central District of California, Southern Division RECONVENE 7:00 P.M. Council Chambers January 28, 2013 Page 3 ROLL CALL MAYOR PRAKASH NARAIN MAYOR PRO TEM LEROY MILLS COUNCILMEMBER DOUG BAILEY COUNCILMEMBER ROB JOHNSON COUNCILMEMBER MARIELLEN YARC PLEDGE OF ALLEGIANCE INVOCATION REPORT OF WORKSHOP AGENDA/ CLOSED SESSION CITY MANAGER 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 28, 2013 Page 4 PUBLIC HEARINGS (1 — 2) Public Comments Restricted to Ten Minutes Per Speaker, Un less Extended by the City Council. 1. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 96 -2, A REQUEST TO ALLOW THE CONSUMPTION OF BEER AND WINE IN THE OUTDOOR PATIO AREA OF THE CALIFORNIA FISH GRILL RESTAURANT LOCATED AT 10569 VALLEY VIEW STREET IN THE PC -5 PLANNED COMMUNITY BUSINESS PARK 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. 96 -2, 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. 96 -2 — With Conditions. 2. PUBLIC HEARING REGARDING VARIANCE NO. 2012 -01, A REQUEST TO ALLOW A CIRCULAR DRIVEWAY AND A DECREASE IN THE REQUIRED FRONT YARD LANDSCAPE AREA ON A SUBSTANDARD LOT LOCATED AT 8681 ACACIA DRIVE IN THE RS- 15,000 RESIDENTIAL SINGLE - FAMILY ZONE. Prepared by: Judy Aquino, Assistant Planner Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Variance No. 2012 -01, subject to the conditions in Exhibit "A" of the Resolution. A Resolution of the City Council of the City of Cypress, Approving Variance No. 2012 -01 — With Conditions. 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. January 28, 2013 Page 5 CONSENT CALENDAR (3 — 11) 3. APPROVAL OF MINUTES. Meeting of January 14, 2013. Prepared by: Denise Basham, City Clerk Recommended Action: Approve as submitted. 4. MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5. ACCEPTANCE OF THE "AVOID THE 26" OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY. 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) Adopt the Resolution by title only, title as follows, agreeing to support the grant goals in their entirety; and 3) Authorize the Chief of Police to sign a Memorandum of Understanding between the City of Anaheim and the City of Cypress; and 4) Increase estimated revenues (114- 50183.3525 Grants — Miscellaneous) in the Fiscal Year 2012 -2013 General Fund — Grants Fund for the grant total of $20,000; and 5) Approve appropriations in Fiscal Year 2012 -2013 in the General Fund — Grants Fund as follows: 114 - 50183.4003021 (Overtime) in the amount of $20,000. A Resolution of the City Council of the City of Cypress, California, Authorizing the Acceptance of the "Avoid the 26" Orange County Regional DUI Campaign and Agreement With the Office of Traffic Safety Grant Goals in Their Entirety. 6. APPROVAL OF PLANS AND SPECIFICATIONS FOR 2012/13 ARTERIAL STREETS RESURFACING PROJECT, PUBLIC WORKS PROJECT NO. 94. Prepared by: Nick Mangkalakiri, Associate Engineer Recommended Action: That the City Council approve the plans and specifications for the 2012/13 Arterial Streets Resurfacing Project, Public Works Project No. 94. January 28, 2013 Page 6 7. APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 78. Prepared bv: Nick Mangkalakiri, Associate Planner Recommended Action: That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Public Works Project No. 78. 8. ACCEPTANCE OF THE AUDIT LETTER AND AUDIT REPORT TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2012. Prepared by: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file both the Auditor's Letter to City Council and the Auditor's Report to City Council. 9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2012. Prepared bv: Richard Storey, Director of Finance and Administrative Services Recommended Action: That the City Council receive and file the Investment Report for the month of December, 2012. 10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012 -13 FOR WARRANTS NO. 24735 THROUGH 24835. Prepared bv: Richard Storey, 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 28, 2013 Page 7 Recreation and Park District Matters: 11. ACCEPTANCE OF BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRAM. Prepared by: June Liu, Director of Recreation and Community Services Recommended Action: That the City Council, acting as the ex- officio Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $4,000 from the Bandai Foundation via the Cypress Children's Advocacy Council; and 2) Increase estimated revenue in 212 - 99999.3713 (Donations) by $4,000 and increase appropriations by $1,000 to 212 - 90310.4103_004 (Activity Supplies) and $3,000 to 212 - 90310.4104_015 (Activity Clothing) for the purchase of supplies, uniforms, and staff /coaches' shirts. 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. SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS The Cypress City Council, Acting as the Successor Agency to the Cypress Redevelopment Agency. No items. January 28, 2013 Page 8 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, February 11, 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 23rd day of January, 2013. 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 25, 2013 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.