CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 11, 2010
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 PRAKASH NARAIN
MAYOR PRO TEM/AGENCY VICE CHAIR DOUG BAILEY
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.
Recess the meeting to Closed Session.
CLOSED SESSION
CITY OF CYPRESS ITEMS:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a)
Quinonez v. City of Cypress
Case Number 30-2009-00122421
Orange County Superior Court
RECONVENE 7:00 P.M.
Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
INTRODUCTION OF NEW CYPRESS POLICE OFFICER BROOK MARSHALL
PRESENTATION BY OLIVE GARDEN RESTAURANT ON ORGANIC WASTE
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)
Public Comments Restricted to Ten Minutes Per Speaker, Unless Extended by the City Council and/or the Cypress Redevelopment Agency.
1. A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2008-03 AND VARIANCE NO. 2009-02, A REQUEST TO CONSTRUCT AN ADDITION WITH A REDUCED SIDE YARD SETBACK ON AN EXISTING PUMP STATION BUILDING LOCATED AT 4363 BALL ROAD IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 2008-03, subject to the conditions attached in Exhibit “A” of the Resolution, and Variance No. 2009-02.
A Resolution of the City Council of the City of Cypress,
Approving Conditional Use Permit No. 2008-03
- With Conditions.
A Resolution of the City Council of the City of Cypress,
Granting a Variance From the Terms of the Zoning
Ordinance of the City of Cypress, Section 2.08.040.A,
Table 2-16 to Allow a Twelve-Foot (12’) Side Yard
Setback Instead of the Required Twenty-Five Feet (25’).
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 – 18)
2. APPROVAL OF MINUTES - Meeting of December 14, 2009.
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 ZONING ORDINANCE AMENDMENT NO. 2009-04, A CITY-INITIATED ACTION TO MODIFY THE DENSITY BONUS SECTION OF THE CYPRESS ZONING ORDINANCE (SECTIONS 3.12.020 THROUGH 3.12.070) TO COMPLY WITH CURRENT STATE REQUIREMENTS.
Prepared by: Kori Nevarez, Associate Planner
Recommended Action: That the City Council adopt the Ordinance by title only, title as follows, approving Zoning Ordinance Amendment
No. 2009-04.
An Ordinance of the City Council of the City of Cypress,
California, Amending the Cypress Municipal Code,
Appendix I – Zoning, Sections 3.12.020 through
3.12.070 Relating to Density Bonus Provisions to be
Consistent with Current State Requirements.
5. ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO DENY, COMPROMISE OR SETTLE CERTAIN LIABILITY, WORKER’S COMPENSATION, AND PERSONNEL CLAIMS AND ACTIONS AGAINST THE CITY AND
BY THE CITY AGAINST THIRD PARTIES NOT TO EXCEED SPECIFIED AMOUNTS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council adopt the Resolution by title only, title as follows, authorizing the City Manager of the City of Cypress, or the City Manager’s authorized designee, to deny, compromise or settle certain liability, worker’s compensation, and personnel claims and actions against the City and by the City against third parties not to exceed specified amounts.
A Resolution of the City Council of the City of Cypress,
Authorizing the City Manager of the City of Cypress, or
the City Manager’s Authorized Designee, to Deny,
Compromise or Settle Certain Liability, Worker’s
Compensation, and Personnel Claims and Actions
Against the City of Cypress and by the City Against
Third Parties Not to Exceed Specified Amounts.
6. DESIGN REVIEW COMMITTEE PERMIT NO. 2009-06, A REQUEST TO CONSTRUCT A 6,000 SQUARE FOOT MEDICAL OFFICE BUILDING ON THE PROPERTY LOCATED AT 5001 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL ZONE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2009-06, 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. 2009-06 – With Conditions.
7. TRANSFER FUNDS FOR PURCHASE OF A DOCUMENT SCANNER FOR THE POLICE RECORDS BUREAU.
Prepared by: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Approve the appropriation of $5,700 to the City’s Equipment Replacement Fund (721-95300.4305_200); and 2) Transfer funds from the Narcotic Asset Seizure Fund (281-99999.4501_721) to the Equipment Replacement Fund (721-99999.3901_281) for the purchase of a document scanner for the Police Records Bureau.
8. APPROPRIATION OF FUNDS FOR THE PURCHASE OF A REPLACEMENT DIGITAL IMAGING MANAGEMENT SYSTEM (DIMS) COMPUTER.
Prepared by: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since the Digital Imaging Management System is a proprietary product and Linear Systems is the sole source vendor; and 2) Appropriate $5,811 to account number 721-95200.4305_300 (Capital Outlay – Computer Hardware/Software) from the Equipment Replacement Fund (90) fund balance, for the purchase of one (1) new Digital Imaging Management System computer system.
9. FUNDING OF NEW CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM FOR THE POLICE DEPARTMENT UTILIZING THE NARCOTIC ASSET FORFEITURE FUND.
Prepared by: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Approve the increase in appropriations in the Capital Improvement Projects Fund by $199,704 to account number 415-80600-8061.4186 (Public Facility Project, Public Works Contracts) for the purchase and installation of a replacement Closed Circuit Television system; and 2) Approve the transfer of $199,704 from the Narcotics Asset Seizure Fund (281-99999.4501_415) to the City’s Capital Improvement Fund (415-99999.3901_281).
10. APPROPRIATION OF NARCOTIC ASSET SEIZURE FUNDS FOR POLICE DEPARTMENT PURCHASES.
Prepared by: Mark Yokoyama, Chief of Police
Recommended Action: That the City Council: 1) Approve the appropriation of $15,000 from the fund balance of the Narcotic Asset Seizure Fund to the Equipment Rental Account (281-50179.4215) for Rental Vehicles; and 2) Approve the listed appropriations from the fund balance of the Narcotic Asset Seizure Fund: $5,000 for Transcription Services to 281-50179.4187_022 (Narcotic Asset Seizure Fund – Contract Services – Private Other Police Contracts), $2,500 for MDC Software Upgrade to 281-50179.4116 (Narcotic Asset Seizure Fund – Computer Hardware/Software), $5,000 for Portable Radio Batteries to 281-50179.4113 (Narcotic Asset Seizure Fund – Small Tools and Equipment, and $10,000 for miscellaneous and future unanticipated expenses to 281-50179.4103_004 (Narcotic Asset Seizure Fund – Supplies Special Activity).
11. APPROVAL OF SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND JOHN B. BAHORSKI.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the City Council approve the Second Amendment to City Manager Employment Agreement Between the City of Cypress and John B. Bahorski.
12. ACCEPTANCE OF THE AUDIT LETTER TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the City Council receive and file the Auditor’s Letter to City Council.
13. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS’ APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING
JUNE 30, 2010.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the City Council receive and file the report on Agreed-Upon Procedures Applied to the City of Cypress’ Appropriation Limit for the Fiscal Year Ending June 30, 2010.
14. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the City Council receive and file the report.
15. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2009.
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, 2009.
16. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS
NO. 11575 THROUGH 11979.
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 2009-10.
Recreation & Park District Matters:
17. ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT’S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010.
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 report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District’s Appropriation Limit for the Fiscal Year Ending June 30, 2010.
18. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
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 report.
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.
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 (19)
19. ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2009.
Prepared by: Richard Storey, Assistant City Manager/Director of Finance and Administrative Services
Recommended Action: That the Cypress Redevelopment Agency Board receive and file the report.
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
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be a Regular Meeting, to be held on Monday, January 25, 2010, 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 6th day of January, 2010.
________________________________
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 8, 2010 WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.