Agenda 2013-09-23AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 23, 2013
5:30 P.M.; 7:00 P.M.
Public Hearings at 7.00 P.M.
COUNCIL CHAMBERS
5275 Orange Avenue
CYPRESS, CALIFORNIA
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 Hall Directory:
Administration — (714) 229 -6680
admin(a�ci. cypress. ca. us
Finance — (714) 229 -6700
fin ci. c ypress. ca. us
Community Development — (714) 229 -6720
cdd a(�ci.cypress.ca.us
Public Works — (714) 229 -6740
pw(a.ci. cypress. ca. us
Police — (714) 229 -6600
cypd(a7ci. cypress. ca. us
Recreation — (714) 229 -6780
crpd(a ci. cypress. ca. us
City Council Agendas /Minutes are available at www.ci.cypress.ca.us.
CALL TO ORDER
ROLL CALL
5:30 P.M.
Executive Board Room
MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC
September 23, 2013 Page 2
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.
WORKSHOP
SESSION
PRESENTATION BY CONGRESSMAN ALAN
LOWENTHAL
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 262- 461 -05, Located
at 8721 Cypress Street
Negotiating Party: City Manager
Under Negotiation: Price and Terms of Payment
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
MAYOR PRAKASH NARAIN
MAYOR PRO TEM LEROY MILLS
COUNCILMEMBER DOUG BAILEY
COUNCILMEMBER ROB JOHNSON
COUNCILMEMBER MARIELLEN YARC
September 23, 2013 Page 3
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
INTRODUCTION OF CYPRESS POLICE OFFICER
JOSHUA GARCIA
PRESENTATION OF CYPRESS COMMUNITY
FESTIVAL PHOTOGRAPHY AWARDS
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.
Speakers and members of the audience are asked to please
observe meeting decorum by using courteous and professional
language at all times, refraining from clapping, whistling, etc. in
response to a speaker's comments, and allowing speakers to
provide comments without interruption.
September 23, 2013 Page 4
PUBLIC HEARINGS (1)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council.
1. PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT
NO. 2013 -07, A REQUEST TO APPROVE A 28,500 SQUARE FOOT
WAREHOUSE AND DISTRIBUTION FACILITY LOCATED AT 10701
HOLDER STREET IN THE BP 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 Conditional Use Permit
No. 2013 -07, 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. 2013 -07
— 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.
CONSENT CALENDAR (2 — 10)
2. APPROVAL OF MINUTES.
Meeting of September 9, 2013.
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. ACCEPTANCE OF ALARM RESPONSE EQUIPMENT FROM THE
CYPRESS POLICE FOUNDATION THROUGH A DONATION MADE
BY ED AND JANET SPURGEON.
Prepared by: Jackie Gomez - Whiteley, Chief of Police
Recommended Action: That the City Council accept $10,000 in police
technology alarm response equipment from the Cypress Police
Foundation through a donation made by Ed and Janet Spurgeon.
September 23, 2013 Page 5
5. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH
THE CYPRESS SCHOOL DISTRICT FOR PLANNING AND
ENVIRONMENTAL COSTS ASSOCIATED WITH THE
DEVELOPMENT OF THE FORMER MACKAY SCHOOL SITE
LOCATED AT 8721 CYPRESS AVENUE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council authorize the Mayor to
execute the agreement.
6. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH
THE CYPRESS SCHOOL DISTRICT FOR PLANNING AND
ENVIRONMENTAL COSTS ASSOCIATED WITH THE
DEVELOPMENT OF THE CYPRESS SCHOOL DISTRICT OFFICE
SITE LOCATED AT 9470 MOODY STREET.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council authorize the Mayor to
execute the agreement.
7. CONSIDERATION OF CONSULTANT TASK ORDER FOR THE
PREPARATION OF PLANNING AND ENVIRONMENTAL
DOCUMENTS FOR THE DEVELOPMENT OF THE FORMER
MACKAY SCHOOL SITE LOCATED AT 8721 CYPRESS AVENUE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council: 1) Approve the Task
Order with RBF Consulting for the preparation of planning and
environmental documents for the proposed development of the former
Mackay School site at a cost not to exceed $190,515, 2) Authorize a
15% contingency in the amount of $28,577 for unforeseen work, and
3) Authorize the Director of Public Works /City Engineer and Acting
Director of Community Development to act as Contract Officer.
September 23, 2013 Page 6
8. CONSIDERATION OF CONSULTANT TASK ORDER FOR THE
PREPARATION OF PLANNING AND ENVIRONMENTAL
DOCUMENTS FOR THE DEVELOPMENT OF THE CYPRESS
SCHOOL DISTRICT OFFICE SITE LOCATED AT 9470 MOODY
STREET.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council: 1) Approve the Task
Order with RBF Consulting for the preparation of planning and
environmental documents for the proposed development of the
Cypress School District Office site at a cost not to exceed $108,836,
2) Authorize a 15% contingency in the amount of $16,325 for
unforeseen work, and 3) Authorize the Director of Public Works /City
Engineer and Acting Director of Community Development to act as
Contract Officer.
9. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
AUGUST, 2013.
Prepared by: Richard Storey, Director of Finance and
Administrative Services
Recommended Action: That the City Council receive and file the
Investment Report for the month of August, 2013.
10. APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2013 -14 FOR WARRANTS
NO. 27313 THROUGH 27464.
Prepared by: Richard Storey, Director of Finance and
Administrative Services
Recommended Action: That the City Council approve the attached
warrant registers and wire transfers for Fiscal Years 2012 -13 and
2013 -14.
END OF CONSENT CALENDAR
September 23, 2013 Page 7
NEW BUSINESS (11)
11. APPEAL OF ACTING DIRECTOR OF COMMUNITY
DEVELOPMENT'S DECISION REGARDING DESIGN REVIEW
COMMITTEE PERMIT NO. 2013 -02, A REQUEST TO ESTABLISH A
NEW SIGN PROGRAM FOR THE CYPRESS WEST SHOPPING
CENTER LOCATED AT 4005 -4197 BALL ROAD IN THE CG
COMMERCIAL GENERAL ZONE.
Prepared by: Doug Hawkins, Planning Manager
Recommended Action: That the City Council take one of the following
actions: 1) Uphold the Director's decision denying Design Review
Committee Permit No. 2013 -02; or 2) Reverse the Director's decision
and provide City staff with direction for future wall signs.
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.
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
September 23, 2013 Page 8
ITEMS FROM CITY MANAGER
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, October
14, 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
18th day of September, 2013.
(,i. 00/GU/WI
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, SEPTEMBER 20, 2013 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.