A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Bailey in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Jackie Gomez-Whiteley
Assistant City Engineer Kamran Dadbeh
Redevelopment/Economic Development Manager Bill Manis
Finance Manager Matt Burton
Public Works Superintendent Bobby Blackburn
Redevelopment Project Manager Steve Clarke
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The City Manager stated that the Redevelopment Project Manager would be presenting the City Council with a Redevelopment Implementation Plan Update.
The Redevelopment Project Manager stated that the Redevelopment Implementation Plan, which needs to be updated every five years, serves as an overall policy document. He stated that the purpose of the plan includes identifying programs and projects in an effort to eliminate blight, along with providing revenue and expenditure projections for the upcoming five years.
The Redevelopment Project Manager stated that proposed goals for constituent project areas include pursuing economic development opportunities, maintaining and improving public facilities, and promoting affordable housing opportunities. He further reported that the Plan will include programs that target economic enhancement such as promotion of sustained retail commercial development within the Los Alamitos Race Track (LART) and Lincoln Avenue project areas.
Council Member Mills asked how the goals of the Business Retention, Attraction, Creation, and Expansion (BRACE) Program relate to this Plan.
The Redevelopment Project Manager responded that the BRACE Program and the Redevelopment Implementation Plan do have similar goals. However, the Redevelopment Implementation Plan is more Agency-specific.
The Redevelopment Project Manager informed that the plan includes a First Time Homebuyer Program, single-family rehabilitation, and neighborhood cleanup.
Council Member Luebben asked for an update on the success and status of the First Time Homebuyer Program.
The Redevelopment Project Manager indicated that the First Time Homebuyer Program was implemented in the late 1990’s and provides a onetime loan of up to $25,000 to qualified applicants.
Mayor Bailey asked about the number of loans that have been provided through the First Time Homebuyer Program and the number that remain outstanding.
The Redevelopment Project Manager responded that approximately 80-100 loans were processed within the first four to five years of the program. Most recently, that number has declined due to the escalation of property values in comparison to what qualified applicants can afford. He stated that funds from approximately 60-70 percent of the loans have come back to the Redevelopment Agency, with funds from the equity share provision, as well.
Mayor Pro Tem Narain requested that he be provided with more detailed information on the first time homebuyer program at a future date.
Council Member Mills asked if there have been any loan defaults.
The Redevelopment Project Manager replied that one applicant has gone through a foreclosure proceeding, but no one has defaulted thus far.
The Redevelopment Project Manager requested that the Redevelopment Agency increase forgivable loan amounts from $10,000 to $20,000 in order to assist with timely expending of Community Development Block Grant funds. Following a brief discussion, it was agreed that this matter will be brought to the City Council at a future date.
The Redevelopment Project Manager stated that potential housing programs include a rental deposit guarantee program that would provide long-term motel residents with funding assistance to get into an apartment complex.
The Redevelopment Project Manager stated that other creative housing opportunities may include providing a residential component for the Cypress College campus.
Council Member Luebben asked about the redevelopment opportunities to expand the commercial zone on the Lincoln Avenue corridor.
The Redevelopment Project Manager responded that the Lincoln Avenue corridor and project area boundaries are narrow, presenting a challenge. He stated that consideration could be given to the expansion of the territory of the project which would require an amendment process.
The Redevelopment Project Manager reiterated that adoption of the Redevelopment Implementation Plan is needed every five years. He stated that the Redevelopment Agency Counsel reviewed the draft Plan and found it to be in compliance with redevelopment law, and commented that it will be submitted to the City Council for final approval in November 2009.
Mayor Bailey asked about a possible signage rehabilitation program on Lincoln Avenue.
The Redevelopment Project Manager responded that an inventory of signs on Lincoln Avenue has been done.
The Director of Community Development stated that there continues to be issues related to content provisions for the signs on Lincoln Avenue.
The City Attorney reported that the City Council would be meeting in Closed Session regarding 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.
The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a); Nguyen v. City of Cypress, et al.; Case Number 30-2009-00305667, Orange County Superior Court.
The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 59456.8; Real Property Identified by APN Number 262-461-05; Consisting of Approximately 9.701 Acres on the east side of Walker Street between Sprague and St. Ann Avenues; Property Owner: Cypress School District; Negotiating Party: City Manager and Director of Community Development; Under Negotiation: Price and Terms of Payment.
At 6:00 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by Mayor Bailey.
Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Jackie Gomez-Whiteley
Assistant City Engineer Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Senior Civil Engineer Alvin Papa
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Mayor Bailey introduced Cypress School District Board President David Giese and Board Members Donna Erickson and Donna McDougall.
Superintendent Sheri Loewenstein, Cypress School District, provided the City Council with a presentation on the Cypress School District’s school closure process, modernization of schools, and asset management.
Council Member Luebben thanked Ms. Loewenstein and the Board Members for attending. He asked about the 7-11 committee meetings and the public comments at those meetings.
Ms. Loewenstein stated that the 7-11 committee is an advisory committee and there are not public comments at the committee meetings. However, there are school, City, and union representatives who receive input from observers. She stated that when the committee meets to discuss property surplus, that is a public Brown Act meeting with comments.
Council Member Luebben asked what the 7-11 committee and the Cypress School District Board are doing in an effort to keep politics out of the school closure process and to make a decision strictly based on economics.
Ms. Loewenstein responded that the Cypress School District has integrity of the process that includes criteria, the least amount of disruption to students, where the students live, where the students go to school, and all of those factors are rated with discussion held based on the scenarios voted on at the last committee meeting. She stated that the public is kept informed by updated information posted on the Cypress School District website, along with e-mail and phone correspondence.
Mayor Pro Tem Narain asked for clarification on the uses of Measure M funding and about the reliability of the projected enrollment numbers.
Ms. Loewenstein stated that Measure M and school closure funding can only be used for facilities and not for operational costs and/or salaries. She stated that the projected enrollment numbers are reliable for the next few years.
Mayor Pro Tem Narain asked about the availability of a year-round school.
Ms. Loewenstein responded that there has been a year-round choice for many years and that is likely to continue to be an option.
Council Member Seymore asked about the Board’s policy on inter-district transfers.
Ms. Loewenstein stated that the Board will accept any person who is released from another district. The amount of inter-district transfers has decreased significantly due to other districts not releasing their students.
Council Member Mills asked about staff layoff numbers.
Ms. Loewenstein stated that, in addition to reducing some staff’s work hours, approximately four staff were laid off two years ago.
Mayor Bailey stated that school closure is not new to Cypress and asked about the process used this time compared to past closures.
Ms. Loewenstein stated that for the Damron Elementary School closure in 2004 there was a 7-11 committee established that made a recommendation for surplus property. She stated that the current process has changed based on legal advice because the Board wanted more than 11 people on the study process including representatives from every school.
Mayor Bailey asked about property uses of the schools that may be closed.
Ms. Loewenstein stated that one of the schools would be used as a second interim housing site so that two schools could be modernized at once. She stated that the Board would work with the Cities of Buena Park, Cypress, and La Palma on the use of other school for leasing and/or development.
Mayor Bailey asked about the Arnold and Landell Elementary School boundaries.
Ms. Loewenstein responded that when Landell Elementary School was reopened in 1993 it was determined that it would have the same attendance boundary as Arnold Elementary School.
Mayor Bailey asked about the philosophy of the Cypress School District regarding having six schools with larger attendance boundaries and the ability to continue to allow open enrollment within the District.
Ms. Loewenstein replied that the District is hopeful with continuing to allow open enrollment within the District. She stated that there are 650 students per school which is considered small compared to the County.
Council Member Luebben asked about Measure M funding for schools that may be closed and whether this money will be paid back early.
Ms. Loewenstein stated that the Measure M funding will not pay for all of the modernization needed at the schools.
Mayor Pro Tem Narain asked for clarification on year-round schooling at Landell Elementary School and what would happen hypothetically if attendance numbers were to increase in future years rather than decline.
Ms. Loewenstein stated that there is year-round schooling available at Landell Elementary School based upon room, with attendance capped at 550. She stated that, if attendance numbers were to increase in future years, the schools can accommodate a 10-20 percent increase, and beyond that, there are schools that can be reopened.
The Public Works Director provided an update on Public Works projects.
Council Member Mills asked about the use of cameras by the Police Department.
The Public Works Director stated that City Council direction was to use the cameras for monitoring purposes and not for enforcement.
The meeting was recessed at 7:55 p.m.
The meeting was reconvened at 8:00 p.m.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening.
The City Manager reported that a workshop was held to review the Redevelopment Implementation Plan Update mandated by the State of California. He stated that it is a five year plan that updates what the actions of the Redevelopment Agency will be, informing that the goals and history of the Agency were discussed. This item will be on the agenda for the next regular City Council meeting of November 9, 2009.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening.
The City Attorney reported that the City Council met in Closed Session regarding 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. The City Attorney stated that there was a privileged and confidential briefing on the status of litigation. No reportable action was taken nor was any solicited.
The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a); Nguyen v. City of Cypress, et al.; Case Number 30-2009-00305667, Orange County Superior Court. The City Attorney stated that there was a privileged and confidential briefing on the status of litigation. No reportable action was taken nor was any solicited.
The City Attorney reported that the City Council met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 59456.8; Real Property Identified by APN Number 262-461-05; Consisting of Approximately 9.701 Acres on the east side of Walker Street between Sprague and St. Ann Avenues; Property Owner: Cypress School District; Negotiating Party: City Manager and Director of Community Development; Under Negotiation: Price and Terms of Payment. The City Attorney stated that the City Council met and conferred with legal counsel and staff regarding the possible options related to potential future acquisition of surplus school property pursuant to the City’s rights under the Naylor Act. The Council, on a 4 to 1 vote with Council Member Mills voting no, directed that, should the Cypress School District seek to offer the former Mackay School site in some form or fashion on the market, that the City Council would consider whether to exercise its rights under the Naylor Act. The City Council also unanimously directed staff and the City Attorney to formally request of the Cypress School District, the Cypress Education Foundation, the County of Orange Superintendent, and the State Office of Education in writing to be informed of all public meetings in which the Mackay School site will be discussed either in a public agenda or in a closed session.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.)
Mayor Bailey asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.
Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to a concert on October 25, 2009 at Cypress College.
Tim Keenan, Cypress Chamber of Commerce, provided an update on upcoming events and activities.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
CONSENT CALENDAR:
All matters listed on the Agenda under “Consent Calendar” are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda.
It was moved by Council Member Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 1 through 8.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 28, 2009.
Recommendation: That the City Council approve the Minutes of the Meeting of September 28, 2009, as submitted.
Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.
Item No. 3: PROCLAIMING THE WEEK OF OCTOBER 23-31, 2009 AS “RED RIBBON WEEK” IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of October 23-31, 2009 as “Red Ribbon Week” in the City of Cypress.
Item No. 4: DESIGN REVIEW COMMITTEE PERMIT NO. 2009-04, A REQUEST TO REHABILITATE AN EXISTING RETAIL COMMERCIAL BUILDING LOCATED AT 5331 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2009-04, subject to the conditions in Exhibit “A” of the Resolution.
Resolution No. 6167
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit
No. 2009-04 – With Conditions.
Item No. 5: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE ECONOMIC STIMULUS OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2009-07, FEDERAL AID PROJECT NO. ESPL 5330 (014).
Recommendation: That the City Council approve the plans and specifications for the Economic Stimulus Project, Public Works Project No. 2009-07, Federal Aid Project No. ESPL 5330 (014).
Item No. 6: AWARD OF CONTRACT FOR REPLACEMENT OF FOUR POLICE VEHICLES.
Recommendation: That the City Council find that the City of Los Angeles’s Purchase Order No. 0000892657 and the Los Angeles County Sheriff’s Purchase Order No. DPO-SH-36508203-1 satisfies the bid process per the City Code Section 21A-10(e), and award a contract to purchase one 2009 Chevrolet Impala Police Package vehicle and three 2009 Ford Crown Victoria Police Interceptor Patrol vehicles from Wondries Fleet Group, Alhambra, California, in the amount of $94,412.
Item No. 7: APPROVAL OF REIMBURSEMENT OF TRAINING COSTS FOR FY 2008 URBAN AREA SECURITY INITIATIVE (UASI).
Recommendation: That the City Council: 1) Approve an increase to the estimated revenues in the General Fund Grant Fund in other grants, account number 114-50183.3525, in the amount of $2,648 for the FY 2008 UASI grant; and 2) Approve the appropriation of $2,648 from the FY 2008 UASI grant to the unreserved fund balance of the General Fund Grant Fund to account number 114-50183.4206, for training related to terrorism.
Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009-10 FOR WARRANTS NO. 10587 THROUGH 10692.
Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009-10.
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.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective committee assignments.
Council Member Mills:
Congratulated Seal Beach Police Chief Jeffrey Kirkpatrick on being named Chief of the Year by the California Association of Tactical Officers. Attended the ribbon cutting ceremony for the new Kohl’s store. Attended a SCAG Transportation Commission and Regional Council meeting. Attended a League Advocacy Committee meeting. Attended Congressman Royce’s town hall meeting. Attended the retirement reception for Public Works employees David Candelaria and Ricky Hooper. Attended the O.C. Division League of California Cities meeting. Attended “Seussical the Musical” at Cypress College. Attended the Cypress Civic Theatre Guild’s fundraiser.
Council Member Seymore:
Attended the ribbon cutting ceremony for the new Kohl’s store. Attended the retirement reception for Public Works employees David Candelaria and Ricky Hooper. Attended the O.C. Division League of California Cities meeting. Attended the O.C. Fire Authority Open House at Station 17.
Council Member Luebben:
Attended a BRACE boat tour of the Port of Long Beach. Attended an O.C. Sanitation District Auditing Committee meeting. Attended a SCAG Joint Regional Council and Policy Committee meeting. Attended a Seal Beach Swim Club youth swim meet.
Mayor Pro Tem Narain:
Attended the ribbon cutting ceremony for the new Kohl’s store. Attended a BRACE boat tour of the Port of Long Beach. Attended a birthday celebration in La Palma for Gandhi. Attended a Woman’s Club of Cypress fundraiser. Attended the retirement reception for Public Works employees David Candelaria and Ricky Hooper. Attended the O.C. Division League of California Cities meeting. Attended “Seussical the Musical” at Cypress College. Attended the Cypress Civic Theatre Guild’s fundraiser.
Mayor Bailey:
Attended the ribbon cutting ceremony for the new Kohl’s store. Viewed the composting site at the Joint Forces Training Base.
ITEMS FROM CITY MANAGER:
The City Manager thanked the Public Works Director and his staff for their work and efforts made to upgrade the City streets and infrastructure.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:32 p.m. to Monday, October 26, 2009, beginning at 5:00 p.m. in the Executive Board Room.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS