AGENDA
CITY OF CYPRESS CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 23, 2013

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@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@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                       

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.

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

PLEDGE OF ALLEGIANCE              

 INVOCATION

PRESENTATIONS                            

INTRODUCTION OF CYPRESS POLICE OFFICER JOSHUA GARCIA
PRESENTATION OF CYPRESS COMMUNITY FESTIVAL PHOTOGRAPHY AWARDS

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.

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.

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.

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.

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

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

 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.

________________________________
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.

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780