Agenda 2015-10-26AGENDA
CITY OF CYPRESS
CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 26, 2015
6:30 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@ci.cypress.ca.us
Finance — (714) 229 -6700
fin a(�ci. cypress. ca. us
Community Development — (714) 229 -6720
cdd(@,ci.cypress.ca.us
Public Works — (714) 229 -6740
pw(@,ci.cypress.ca.us
Police — (714) 229 -6600
cypd(a�ci. cypress. ca. us
Recreation — (714) 229 -6780
crpd(@.ci.cypress.ca.us
City Council Agendas /Minutes are available at www.ci.cypress.ca.us.
CALL TO ORDER
ROLL CALL
6:30 P.M.
Council Chambers
MAYOR ROB JOHNSON
MAYOR PRO TEM MARIELLEN YARC
COUNCILMEMBER STACY BERRY
COUNCILMEMBER PAULO MORALES
COUNCILMEMBER JON PEAT
October 26, 2015 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. Although individual Council Members
may provide brief responses to the oral communications, the City
Council may not discuss or take action 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.
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 LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)
KDC, Inc., dba Dynalectric v. Bannaoun Engineers Constructors
Corporation, et al. and
Bannaoun Engineers Constructors Corporation v. City of
Cypress, et al.
Case No. 30- 2014 - 00739525- CU- OR -CJC
Orange County Superior Court
RECONVENE 7:00 P.M.
Council Chambers
ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR ROB JOHNSON
MAYOR PRO TEM MARIELLEN YARC
COUNCILMEMBER STACY BERRY
COUNCILMEMBER PAULO MORALES
COUNCILMEMBER JON PEAT
October 26, 2015 Page 3
INVOCATION CYPRESS CHURCH
The City Council does not endorse the content of the invocation and
does not endorse the invocational speaker's particular faith, belief
and /or religious denomination. The City Council does not engage in
any prior inquiry, review of, or involvement in, the content of the
invocation, except to request the speaker to refrain from using the
invocation as an opportunity to attempt to convert others to a
particular faith or to disparage any faith or belief. The City Council has
an established neutral policy for selecting and scheduling invocational
speakers. The City Clerk will make the City Council's policy on
invocations available upon request for public inspection and copying.
REPORT OF WORKSHOP AGENDA/ CITY MANAGER
CLOSED SESSION CITY ATTORNEY
PRESENTATIONS PRESENT PROCLAMATION TO RECORDS AND
SUPPORT PERSONNEL PROCLAIMING
NOVEMBER 3, 2015 AS "LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY" IN
THE CITY OF CYPRESS
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. Although individual Council Members
may provide brief responses to the oral communications, the City
Council may not discuss or take action 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.
Council Chamber Decorum:
• Use courteous and professional language at all times
• Refrain from clapping, whistling, etc. in response to a
speaker's comments
• Allow speakers to provide comments without interruption
• Remove hats upon entering Council Chambers
• No food or beverages please
October 26, 2015 Page 4
PUBLIC HEARINGS (1)
Public Comments Restricted to Ten Minutes Per Speaker, Unless
Extended by the City Council.
Members of the City Council should disclose at this time all
communications with anyone relevant to a Public Hearing item.
1. APPROVE BARTON PLACE SENIOR HOUSING AND
COMMERCIAL RETAIL CENTER AT THE NORTHEAST CORNER
OF KATELLA AVENUE AND ENTERPRISE DRIVE — BARTON
PLACE ENVIRONMENTAL IMPACT REPORT, CONDITIONAL USE
PERMIT, SITE PLAN REVIEW, AND VESTING TENTATIVE TRACT
MAP NO. 17830.
Prepared by: Doug Dancs, Director of Community Development
Recommended Action: That the City Council: 1) Adopt the Resolution
by title only, title as follows, certifying the Environmental Impact
Report and Mitigation Monitoring Program in accordance with the
requirements of the California Environmental Quality Act; and
2) Adopt the Resolutions by title only, titles as follows, approving
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Vesting Tentative Tract Map No. 17830, subject to the conditions in
Exhibit "A" of the Resolutions.
A Resolution of the City Council of the City of Cypress Certifying
the Final Environmental Impact Report (Sch #2013121083), Adopting
the Statement of Facts and Findings as Required by Public
Resources Code Section 21081(A) and CEQA Guidelines Section '
15091, and Approving a Mitigation Monitoring Program as Required
by Public Resources Code Section 21081.6 and CEQA Guidelines
Section 15097, as Related to Barton Place Senior Housing and
Commercial Retail Project Located at the Northeast Corner of Katella
Avenue and Enterprise Drive in the City of Cypress, California
A Resolution of the City Council of the City of Cypress Approving
Conditional Use Permit No. 3019 — With Conditions
A Resolution of the City Council of the City of Cypress Approving Site
Plan Review No. 3020 — With Conditions
A Resolution of the City Council of the City of Cypress Approving
Vesting Tentative Tract Map No. 17830 Subject to Conditions
October 26, 2015 Page 5
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 — 9)
2. APPROVE MINUTES.
Meeting of October 12, 2015
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. PROCLAIM NOVEMBER 3, 2015 AS "LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF
CYPRESS.
Prepared by: Denise Basham, City Clerk
Recommended Action: That the City Council officially proclaim
November 3, 2015 as "Law Enforcement Records and Support
Personnel Day" in the City of Cypress.
5. TEN DAY REPORT FOR THE MORATORIUM ON NEW
RESIDENTIAL USES IN THE OFFICE PROFESSIONAL,
COMMERCIAL NEIGHBORHOOD, COMMERCIAL GENERAL,
AND COMMERCIAL HEAVY ZONES.
Prepared by: Doug Dancs, Director of Community Development
Recommended Action: That the City Council: 1) Issue the 10 -Day
Report, pursuant to Government Code Section 65858(d), regarding
Interim Ordinance No. 1150, establishing a 45 -day temporary
moratorium on new residential uses, including multi - family and mixed
use, in the Office Professional, Commercial Neighborhood, Commercial
General, and Commercial Heavy Zones; and 2) Notice a Public Hearing
for November 9, 2015 to consider extending the 45 -day temporary
moratorium for 10 months and 15 days.
October 26, 2015 Page 6
6. APPROVE A SIGN PROGRAM FOR 5660 KATELLA AVENUE —
DESIGN REVIEW COMMITTEE PERMIT NO. 3053.
Prepared by: Doug Dancs, Director of Community Development
Recommended Action: That the City Council adopt the Resolution by
title only, title as follows, approving Design Review Committee Permit
No. 3053, subject to the conditions in Exhibit "A" of the Resolution. In
accordance with the California Environmental Quality Act (CEQA), a
Categorical Exemption, Class 11 will be filed for this project.
A Resolution of the City Council of the City of Cypress, Approving
Design Review Committee Permit No. 3053 — With Conditions
7. ADOPT A RESOLUTION APPROVING THE MEASURE M2
ANNUAL EXPENDITURE REPORT FOR FISCAL YEAR 2014 -15.
Prepared by: Matt Burton, Director of Finance and Administrative
Services
Recommended Action: That the City Council, and acting as the
ex- officio Board of Directors of the Cypress Recreation and Park
District, adopt the Resolution by title only, title as follows, providing the
required annual Expenditure Report for Measure M2 Funds to the
Orange County Transportation Authority (OCTA) for the fiscal year
ended June 30, 2015.
A Resolution of the City Council of the City of Cypress, and acting as
the ex- officio Board of Directors of the Cypress Recreation and Park
District, Concerning the Measure M2 Expenditure Report for the City of
Cypress for the Fiscal Year Ended June 30, 2015
8. RECEIVE AND FILE INVESTMENT REPORT FOR THE MONTH OF
SEPTEMBER 2015.
Prepared by: Matt Burton, Director of Finance and Administrative
Services
Recommended Action: That the City Council receive and file the
Investment Report for the month of September 2015.
9. APPROVE COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2015 -16 FOR WARRANTS
NO. 36107 THROUGH 36215.
Prepared by: Matt Burton, Director of Finance and Administrative
Services
Recommended Action: That the City Council approve the warrant
register and wire transfers for Fiscal Year 2015 -16.
END OF CONSENT CALENDAR
October 26, 2015 Page 7
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS (10 — 11)
The Cypress City Council, Acting as the Ex- Officio Governing Board
of Directors.
10. PARKS AND RECREATION FACILITIES CONDITION AND
UTILIZATION ASSESSMENT STUDY.
Prepared by: Doug Dancs, Director of Community Development
Recommended Action: That the City Council, and acting as the
ex- officio governing Board of Directors of the Cypress Recreation and
Park District, approve the scope of work for the Parks and Recreation
Facilities Condition and Utilization Assessment Study.
11. REVIEW OF 2015 4TH OF JULY FIREWORKS EVENT.
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, receive and file this report.
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. Although
individual Council Members may provide brief responses to the oral
communications, the City Council may not discuss or take action on
off - Agenda items except as 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
October 26, 2015
Page 8
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday,
November 9, 2015, 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, 2015.
fieiLLA .
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 23, 2015 WILL ENABLE
THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE
ACCESSIBILITY TO THIS MEETING.