Public
Hearings at 7:00 P.M.
Council Chambers
5275
Orange Avenue
CYPRESS, CALIFORNIA
CALL
TO ORDER 5:00 P.M.
Executive Board Room
ROLL CALL
MAYOR/AGENCY
CHAIR TODD SEYMORE
MAYOR PRO TEM/AGENCY VICE CHAIR LEROY MILLS
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.
WORKSHOP SESSION
GOLDEN STATE WATER COMPANY’S GENERAL RATE CASE APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION
Recess the meeting to Closed Session.
CLOSED SESSION
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(b)
Number of Cases: One
CITY OF CYPRESS ITEMS:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Blythe v. North Orange County Community College District, et al.
Case Number 00103466
Orange County Superior Court
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
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 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 – 2)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency.
1. PUBLIC HEARING REGARDING CONSIDERATION OF THE 2008 UPDATE OF THE HOUSING ELEMENT OF THE CYPRESS GENERAL PLAN.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Resolution by title only, title as follows, adopting the 2008 Update of the Housing Element of the Cypress General Plan and adopt the associated Negative Declaration in accordance with the requirements of the California Environmental Quality Act.
A Resolution of the City Council of the City of Cypress,
Adopting the 2008 Update of the Housing Element of the
General Plan of the City of Cypress and Adopting the
Associated Negative Declaration for the Same 2008
Update of the Housing Element.
2. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF A MASTER FEE SCHEDULE RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND CYPRESS RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES, AND AMENDMENT OF A CYPRESS POLICE DEPARTMENT PENALTY SCHEDULE RELATED TO CERTAIN FINES FOR PARKING VIOLATIONS.
Prepared by: June Liu, Director of Recreation and Community Services and Alisha Farnell, Management Analyst
Recommended Action: That the City Council, and acting at the ex-officio governing Board of Directors of the Cypress Recreation and Park District, conduct a Public Hearing concerning the establishment of a Master Fee Schedule and the Cypress Police Department Penalty Schedule, and adopt the Resolutions by title only, titles as follows, establishing a master schedule of fees and charges for certain City and Recreation and Park District services and activities, and amending certain fines for parking violations within the Cypress Police Department Penalty Schedule.
A Resolution of the City Council of the City of Cypress,
Establishing a Master Schedule of Fees Related to Fees
and Charges for Certain City and Recreation and Park
District Services and Activities.
A Resolution of the City Council of the City of Cypress,
Amending Certain Fines for Parking Violations Within
the Cypress Police Department Penalty Schedule.
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 (3 – 13)
3. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.
4. ADOPTION OF AN ORDINANCE AMENDING SECTION 21A-19 OF THE CYPRESS MUNICIPAL CODE REVISING THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS.
Prepared by: Kamran Dadbeh, Assistant City Engineer
Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, amending Section 21A-19 of the Cypress Municipal Code revising the formal bid limit for public works projects.
An Ordinance of the City Council of the City of Cypress,
California, Amending Section 21A-19 of the Cypress
Municipal Code Revising the Formal Bid Limit for
Public Works Projects.
5. SECOND READING OF AN ORDINANCE TO EXPAND CHAPTER 2 OF THE CITY CODE BY ADDING ARTICLE XI TITLED “ESTABLISHMENT OF A MASTER FEE SCHEDULE” TO INCLUDE SECTIONS 2-135 THROUGH 2-137 WHICH ALSO AMENDS PORTIONS OF CHAPTERS 4, 5, 13, 15, 16, 20 AND 21 PERTAINING TO FEES FOR SERVICES.
Prepared by: June Liu, Director of Recreation and Community Services
Recommended Action: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Ordinance by title only, title as follows, expanding Chapter 2 of the Code of the City of Cypress by adding Article XI titled “Establishment of a Master Fee Schedule” to include Sections 2-135 through 2-137 which also amends portions of Chapters 4, 5, 13, 15, 16, 20 and 21.
An Ordinance of the City Council of the City of Cypress,
and Acting as Ex-Officio Governing Board of Directors of
the Cypress Recreation and Park District, Expanding
Chapter 2 of the Code of the City of Cypress by Adding
Article XI “Establishing a Master Schedule of Fees” to
Include Sections 2-135 and 2-137 Related to Fees and
Charges for Certain City and Recreation and Park District
Services Activities, and to Amend Portions of Chapters 4,
5, 13, 15, 16, 20 and 21 of the Cypress Municipal Code
Pertaining to Fees for Services.
6. APPROVAL OF MINUTES - Meeting of October 13, 2008.
Prepared by: Denise Basham, City Clerk
Recommended Action: Approve as submitted.
7. APPROVAL OF PLANS AND SPECIFICATIONS FOR 2008/09 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2008-17.
Prepared by: Nick Mangkalakiri, Assistant Engineer
Recommended Action: That the City Council approve the plans and specifications for the 2008/09 Overlay Project, Public Works Project No. 2008-17.
8. APPROVAL OF TASK ORDER NO. 1 WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT CERRITOS AVENUE AND ORANGE AVENUE.
Prepared by: Jim Gorin, Associate Engineer
Recommended Action: That the City Council: 1) Approve Task Order No. 1 in the amount of $136,125 for design services for sewer rehabilitation of Cerritos Avenue (Project No. 2008-24) and Orange Avenue (Project No. 2008-32) to Lee & Ro, Inc.; 2) Authorize $20,400 as contingency to be used for unforeseen work; and 3) Direct the Director of Public Works/City Engineer to act as Contract Officer.
9. EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-11 AND VARIANCE NO. 2007-07, A REQUEST FOR A ONE YEAR EXTENSION OF THE PREVIOUS APPROVAL TO CONSTRUCT THREE CONDOMINIUM UNITS LOCATED AT 8705 LA SALLE STREET IN THE RM-20 RESIDENTIAL-MULTIPLE FAMILY ZONE.
Prepared by: Judy Aquino, Assistant Planner
Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving the extension of Conditional Use Permit No. 2007-11 and Variance No. 2007-07 (until August 27, 2009), subject to the original 68 conditions attached in Exhibit “A” of the Resolutions.
A Resolution of the City Council of the City of Cypress,
Approving a One-Year Extension of Conditional Use
Permit No. 2007-11 – With Conditions.
A Resolution of the City Council of the City of Cypress,
Approving a One-Year Extension of Variance No. 2007-07
- With Conditions.
10. ADOPTION OF A RESOLUTION AUTHORIZING AN EXTENSION OF THE TIME PERIOD TO PURSUE DEVELOPMENT OF THE AGENCY OWNED PROPERTIES LOCATED AT 5732 AND 6122 LINCOLN AVENUE.
Prepared by: Steve Clarke, Redevelopment Project Manager
Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing the extension of the time period to pursue development of the Cypress Redevelopment Agency owned properties located at 5732 Lincoln Avenue and 6122 Lincoln Avenue.
A Resolution of the City Council of the City of Cypress,
Affirming the Intention of the City Council That Certain
Properties Acquired by the Cypress Redevelopment
Agency with Low and Moderate Income Housing Funds
Be Used for the Development of Low and Moderate
Income Housing.
11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2008.
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 September, 2008.
12. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS
NO. 85495 THROUGH 85497 AND 88332 THROUGH 88551.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09.
Recreation and Park District Matters:
13. AWARD OF A PROFESSIONAL CONSULTING SERVICES AGREEMENT FOR A RECREATION INFRASTRUCTURE STUDY.
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: 1) Award a professional consulting services contract for preparation of a Recreation Infrastructure Study to MIG, in the amount of $86,100; and 2) Appropriate $86,100 from the unrestricted fund balance of the Recreation and Park District Unreserved General Fund to Account No. 4189-12-301-10.
END OF CONSENT CALENDAR
ORDINANCES
No items.
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.
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 (14):
14. JOINT ITEM TO CONSIDER APPROVAL OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE 12 FOOT DEEP STRIP OF STREET FRONTAGE ON THE PROPERTY LOCATED AT 8941-8951 WALKER STREET.
Prepared by: Steve Clarke, Redevelopment Project Manager
Recommended Action: That the Cypress City Council and Redevelopment Agency Board: 1) Adopt the Cypress Redevelopment Agency Resolution by title only, title as follows, approving the Agency’s payment of the acquisition costs for the City of Cypress’ acquisition of certain real property for the Walker Street right-of-way; and 2) Adopt the Cypress City Council Resolution by title only, title as follows, consenting to the payment by the Cypress Redevelopment Agency of the acquisition costs for and approving a purchase and sale agreement between the City and Jose M. and Lucy Rosales for the City’s acquisition of certain real property for the Walker Street right-of-way; and 3) Approve an appropriation from the unreserved fund balance of the Special Gas Tax 2106 Fund in the amount of $400,000 to account number 4176-22-493-21 (Land Acquisition); and 4) Approve the transfer of $400,000 from the Lincoln Avenue Redevelopment Fund (2200-37) to the Special Gas Tax 2106 Fund (1200-22).
A Resolution of the Cypress Redevelopment Agency,
Approving the Agency’s Payment of the Acquisition
Costs for the City of Cypress’ Acquisition of Certain
Real Property for the Walker Street Right-of-Way.
A Resolution of the City Council of the City of Cypress,
Consenting to the Payment by the Cypress Redevelopment
Agency of the Acquisition Costs for and Approving a
Purchase and Sale Agreement Between the City and
Jose M. And Lucy Rosales for the City’s Acquisition of
Certain Real Property for the Walker Street Right-of-Way.
END OF CONSENT CALENDAR
ITEMS FROM CITY COUNCIL MEMBERS
·Reports on Committee Assignments
·Other Items
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 MANAGER
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, November 10, 2008, 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 22nd day of October, 2008.
________________________________
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, OCTOBER 24, 2008, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.